PART 7Information, enforcement etc.
Application of information powers in the Customs and Excise Management Act 1979()
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() 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() 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() 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().”
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,”.