SCHEDULE 2Modifications to be made in the extension of the Iraq (Sanctions) (EU Exit) Regulations 2020 to each British overseas territory listed in Schedule 1
26
For regulation 45 (trade: application of information powers in CEMA) substitute—
Trade: information powers45
1
An authorised officer may request a person who is concerned (in whatever capacity) in a relevant activity to provide such information as the authorised officer may reasonably require about the relevant activity.
2
The authorised officer may specify the way in which, and the period within which, information is to be provided.
3
If no such period is specified, the information which has been requested must be provided within a reasonable time.
4
A request under paragraph (1) may include a request to produce specified documents or documents of a specified description.
5
Where the authorised officer requests that documents be produced, the authorised officer may—
a
take copies or extracts from any document so produced,
b
request any person producing a document to give an explanation of it,
c
where that person is a body corporate, partnership or unincorporated body other than a partnership, request any person who is—
i
in the case of a partnership, a present or past partner or employee of the partnership, or
ii
in any other case, a present or past officer or employee of the body concerned,
to give such an explanation, and
d
remove, at a reasonable time and for a reasonable period, any document so produced if the authorised officer considers it is necessary to do so.
6
Where a document has been removed by an authorised officer under paragraph (5)(d)—
a
the authorised officer must, on request, provide a receipt for the document;
b
if the document is reasonably required for the proper conduct of a business, the authorised officer must, as soon as practicable and free of charge, provide a copy of the document to the person who produced it.
7
Where a document requested to be produced under paragraph (4) is subject to a lien, the production or removal of the document in accordance with this regulation does not affect, and is not to be regarded as breaking, the lien.
8
For the purposes of paragraph (1), a “relevant activity” means an activity—
a
which would, unless done under the authority of a trade licence, constitute a contravention of any prohibition in Chapter 2 or 3 of Part 4 (Trade), or
b
which would constitute a contravention of the prohibition in regulation 28 (circumventing etc. prohibitions).