PART 7Information, enforcement etc.

Application of information powers in the Customs and Excise Management Act 19791228.

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 199113 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 information29.

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 offences30.

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 offences31.

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 197932.

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 CEMA14 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 CEMA15 is to be read as a reference to 10 years.”

Monetary penalties33.

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 201716.”

Maritime enforcement34.

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 offences35.

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