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The Dual-Use Items (Export Control) Regulations 2000
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- 2000 No. 2620
- Regulation 11
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Penalties for failure to comply with these Regulations
11.—(1) Any person who contravenes:
(a)regulation 4 (3),
(b)regulation 4 (5)(a) with intent to evade the restriction imposed by Article 3(1),
(c)regulation 4 (5)(b) with intent to evade the restriction imposed by Article 21(1), or
(d)a prohibition in regulation 6 (2)
is guilty of an offence and may be arrested, and for these purposes section 68(2) of the Customs and Excise Management Act 1979 shall not apply.
(2) A person guilty of an offence under paragraph (1) is liable:
(a)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; or
(b)on summary conviction to a fine not exceeding the statutory maximum.
(3) Any person who fails to comply with regulation 7, 9 or 10, or Article 4(4), 9(1) or 21(5) or (7), is guilty of an offence and is liable:
(a)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; or
(b)on summary conviction to a fine not exceeding the statutory maximum.
(4) Any person who contravenes regulation 4 (5) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984(1) applies to the offence in paragraph (1) (which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it) as if it were mentioned in that subsection; and accordingly that offence is an arrestable offence within the meaning of that Act.
(6) In Northern Ireland, paragraph (2) of Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989(2) applies to the offence in paragraph (1) (which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it) as if it were mentioned in that paragraph; and accordingly that offence is an arrestable offence within the meaning of that Order.
(1)
(2)
S.I. 1989/1341 (N.I.12).
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