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Export Control Act 2002

Section 7: Control powers: supplementary

44.Subsection (1) deals with various matters which may be addressed in orders made under the Act. These matters may include provision about the use of any information held under or in connection with the order, and the persons to whom it may be disclosed. They may also include provision to require persons to keep records and to provide an authority specified in the order with information about their activities.  These will ensure that the UK is able to comply with its international obligations to provide information, for example to the United Nations Conventional Arms Register or to the Wassenaar Arrangement.

45.The current maximum penalty for new or existing export control offences is 7 years’ imprisonment. The Act provides powers for the maximum penalty to be increased to 10 years’ imprisonment.  It is envisaged that the power will be used to ensure greater consistency across the spectrum of export control offences so that individual maxima reflect the seriousness of the particular offence.

46.Subsection (2) allows, among other things, for orders to be made which bind the Crown.  This is necessary in connection with European Community legislation that binds the Crown.

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