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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 5 June 2024 - onwards
Version 3 of 3

Regulation 44 Trade offences in CEMA: modification of penalty

(1) Paragraph (2) applies where a person is guilty of an offence under section 68(2) of CEMA in connection with the prohibition mentioned in regulation 15(1) (export of military goods).

(2) Where this paragraph applies, the reference to 7 years in section 68(3)(b) of CEMA [The words "7 years" were inserted in section 68(3)(b) of CEMA by the Finance Act 1988, section 12.] is to be read as a reference to 10 years.

(3) Paragraph (4) applies where a person is guilty of an offence under section 170(2) of CEMA in connection with the prohibition mentioned in regulation 15(1) (export of military goods).

(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraphs (3B) or (3C) unless the suspected offence has been the subject of -

(a) a referral to the Commissioners by the Secretary of State, or

(b) a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).

(3B) Paragraph (3A) applies to the suspected commission of an offence under regulation 22(3) (enabling or facilitating the conduct of armed hostilities).