The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021

PART 7 Information, enforcement etc.

Application of information powers in the Customs and Excise Management Act 1979(1)

28.  In regulation 43 (trade: application of information powers in CEMA)—

(a) in paragraph (1)(a), omit “an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991(2) or”;

(b) for paragraph 2(a) substitute—

“(a) any prohibition in Chapters 2, 2A, 2B or 2C of Part 5 (Trade) except the prohibitions in regulation 21(1) (export of restricted goods and tobacco industry goods), regulation 27B(1) and (2) (export of dual-use goods), and regulation 27I(1) and (2) (import of potash and petroleum products), or”.

Disclosure of information

29.  In regulation 46 (disclosure of information)—

(a) in paragraph (1)(b)(i), after “Part 5 (Trade),”, insert “Part 5A (Aircraft),”;

(b) in paragraph (2)(d)(ii), for “regulation 21(1) (export of restricted goods)”, substitute “regulation 21(1) (export of restricted goods and tobacco industry goods), regulation 27B(1) or (2) (export of dual-use goods), or regulation 27I(1) or (2) (import of potash and petroleum)”.

Penalties for offences

30.  In regulation 48 (penalties for offences)—

(a) in paragraph (1), after “Part 3 (Finance)”, insert “, regulation 29D(1), (2) or (3) (aircraft: offences)”;

(b) in paragraph (4), after “person who commits an offence under regulation”, insert “29D(4) (confidentiality),”.

Jurisdiction to try offences

31.  In regulation 50(1) (jurisdiction to try offences), after “Part 3 (Finance),”, insert “Part 5A (Aircraft),”.

Modification of penalties under the Customs and Excise Management Act 1979

32.  In regulation 54 (trade offences in CEMA: modification of penalty)—

(a) in paragraph (1), after “regulation 21(1)”, insert “(export of restricted goods or tobacco industry goods) or 27B(1) or (2) (export of dual-use goods)”;

(b) in paragraph (3), after “regulation 21(1)”, insert “(export of restricted goods and tobacco industry goods), 27B(1) or (2) (export of dual-use goods), or 27I(1) or (2) (import of potash and petroleum products)”;

(c) after paragraph (4), insert—

“(5) Paragraph (6) applies where a person is guilty of an offence under section 50(2) or (3) of CEMA(3) in connection with a prohibition mentioned in regulation 27I(1) or (2) (import of potash and petroleum products).

(6) Where this paragraph applies, the reference to 7 years in section 50(4)(b) of CEMA(4) is to be read as a reference to 10 years.”

Monetary penalties

33.  For regulation 56 (monetary penalties), substitute—

“56.   Each provision in Part 5 (Trade) which contains a prohibition imposed for a purpose mentioned in section 3(1) or (2) of the Act is to be regarded as not being financial sanctions legislation for the purposes of Part 8 of the Policing and Crime Act 2017(5).”

Maritime enforcement

34.  In regulation 57(2) (exercise of maritime enforcement powers)—

(a) after sub-paragraph (d) insert—

“(da) a prohibition in regulation 27B(1) or (2) (export of dual-use goods);

(db) the prohibition in regulation 27C(1) (supply and delivery of dual-use goods);

(dc) a prohibition in regulation 27D(1) (making dual-use goods and dual-use technology available);

(dd) a prohibition in regulation 27E(1) (transfer of dual-use technology);

(de) a prohibition in regulation 27I(1) or (2) (import of potash and petroleum products);

(df) a prohibition in regulation 27J(1) or (3) (acquisition of potash and petroleum products);

(dg) a prohibition in regulation 27K(1) or (2) (supply and delivery of potash and petroleum products);”;

(b) in sub-paragraph (e) for “to (d)”, substitute “to (dg)”.

Trade: overlapping offences

35.  In regulation 65(a) (trade: overlapping offences), after “article 34,”, insert “35,”.

(1)

1979 c. 2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.

(2)

S.I. 1991/2724, amended by S.I. 1992/3095; S.I. 1993/3014; and S.I. 2011/1043; and revoked by S.I. 2018/1247.

(3)

Section 50(2) and (3) have been amended by the Police and Criminal Evidence Act 1984 (c. 60) and the Taxation (Cross-border Trade) Act 2018 (c. 22).

(4)

Section 50(4) has been amended by the Finance Act 1988 (c. 39); the Criminal Justice and Immigration Act 2008 (c. 4); the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12); S.I. 1996/2686; and S.I. 2015/664.

(5)

See section 143(4)(f) and (4A), as inserted by the Sanctions and Anti-Money Laundering Act 2018 (c. 13), section 59(4) and Schedule 3, paragraph 8(1) and (3).