16.—(1) Any person who contravenes a prohibition or restriction in —
(a)paragraph 6, 7(1), 7(3)(a), 7(3)(b) or 7(3)(c)(ii); or
(b)article 3(1), 4(2) or 4(3) of the Regulation,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding £5000 or the equivalent.
(2) Any person who contravenes a prohibition or restriction in —
(a)paragraph 4(3)(c)(i), 4(4) or 5;
(b)paragraph 7(3)(c)(i), 7(4), 8(2), 8(4), 9(1), 10(1) or 10(2);
(c)paragraph 8(1) or 9(4); or
(d)article 4(1) of the Regulation,
shall be guilty of an offence and may be arrested.
(3) A person guilty of an offence under sub-paragraph (2) shall be liable: —
(a)on summary conviction to a fine not exceeding £5000 or the equivalent or to imprisonment for a term not exceeding six months, or to both; or
(b)on conviction on indictment, to a fine of any amount or to imprisonment for a term not exceeding two years, or to both.
(4) Any person knowingly concerned in the exportation of any good or the transfer of software or technology, or in the attempted exportation of any good or the attempted transfer of software or technology, with intent to evade any prohibition or restriction in —
(a)paragraph 6, 7(1), 7(3), 7(4), 8(2), 8(4), 9(1) or 9(5);
(b)paragraph 8(1) or 9(4); or
(c)article 3(1), 4(1), 4(2) or 4(3) of the Regulation,
shall be guilty of an offence.
(5) Any person knowingly concerned in the provision, or attempted provision, of technical assistance related to the supply, delivery, manufacture, maintenance or use of anything, with intent to evade any prohibition or restriction in paragraph 10, shall be guilty of an offence.
(6) A person guilty of an offence under sub-paragraph (4) or (5) shall be liable: —
(a)on summary conviction to a fine not exceeding £5000 or the equivalent or to imprisonment for a term not exceeding six months, or to both; or
(b)on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding ten years, or to both.
(7) Any person who fails to comply with the requirement in article 4(4) of the Regulation shall be guilty of an offence and liable: —
(a)on summary conviction to a fine not exceeding £5000 or the equivalent;
(b)on conviction on indictment, to a fine of any amount or to imprisonment for a term not exceeding two years, or to both.
(8) Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(9) Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
(10) Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction where that person is for the time being.
(11) No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions, but this sub-paragraph shall not prevent the arrest, or the issue or the execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings has not been obtained.
17.—(1) Where for the purpose of obtaining any licence under this Order any person either —
(a)makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
(b)recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence.
(2) A person guilty of an offence under sub-paragraph (1) shall be liable —
(a)on summary conviction to a fine not exceeding £5000 or the equivalent; or
(b)on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding two years, or to both,
and any licence which may have been granted by the Governor in connection with the application for which the false statement was made or the false document or information was furnished shall be void as from the time it was granted.
18.—(1) Subject to the provisions of sub-paragraph (3), any person who —
(a)has done any act under the authority of a licence granted by the Governor under this Order; and
(b)fails to comply with any conditions attaching to that licence,
shall be guilty of an offence.
(2) A person guilty of an offence under sub-paragraph (1) shall be liable —
(a)on summary conviction to a fine not exceeding £5000 or the equivalent; or
(b)on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding two years, or to both.
(3) No person shall be guilty of an offence under sub-paragraph (1) where —
(a)the condition in question had been previously modified by the Governor;
(b)the alleged failure to comply would not have been a failure had the licence not been so modified; and
(c)the condition with which he failed to comply was modified after the doing of the act authorised by the licence.
19.—(1) Any person who exports or ships any goods subject to controls by the Act shall, if so required by the customs authorities, provide within such time as they may determine evidence of the destination to which the goods were delivered and, if he fails to do so, he shall be guilty of an offence.
(2) Any person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding £5000 or the equivalent.
20. Goods which are brought to any place in the Territory for the purpose of being exported may be detained by the customs authorities as if they were liable to forfeiture, if and so long as they have reason to believe that the Governor (after, if necessary, having had the impending exportation brought to his attention) might inform the exporter as provided in article 4(1), (2) or (3) of the Regulation or paragraph 5.
21.—(1) It shall be the duty of the customs authorities to take such action as they consider appropriate to secure the enforcement of the provisions of this Order described in sub-paragraph (3).
(2) [omitted]
(3) The provisions referred to in sub-paragraph (1) are paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 17, 18 and 19 but excluding paragraphs 8(1) and 9(4). Paragraph 14 shall be enforced only insofar as the obligation relates to the powers of the customs authorities.
(4) The provisions of the laws of the Territory relating to customs and excise relating to proceedings for offences, mitigation of penalties, proof and other matters apply in relation to offences and penalties created by this Order and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under those laws.
(5) For the purposes of this Order, offences other than those in respect of which a duty is imposed upon the customs authorities by virtue of sub-paragraph (3) shall not be offences for which, under any provision of the laws of the Territory, proceedings may only be instituted by those authorities.
(6) In any case where a person would, apart from this sub-paragraph, be guilty of —
(a)an offence under the provisions of the laws of the Territory relating to the import or export of goods; and
(b)a corresponding offence under this Order,
he shall not be guilty of the offence mentioned in sub-paragraph (a) of this sub-paragraph.
(7) Sub-paragraph (6) does not apply in respect of prohibitions or restrictions on the exportation of firearms falling within any description of weapons subject under the law of the Territory to a general prohibition on their possession, purchase, acquisition, manufacture, sale or transfer without the permission of the Governor.
22.—(1) This paragraph applies to information which is held by —
(a)the Governor, or
(b)the customs authorities,
in connection with the operation of controls imposed by this Order on the exportation of goods, the transfer of technology or participation in the provision of services connected with the development, production or use of goods or technology.
(2) Information to which this paragraph applies may be used for the purposes of, or for any purposes connected with —
(a)the exercise of functions in relation to any control imposed by this Order or by any other order made under the Act;
(b)giving effect to any European Community or other international obligation of the United Kingdom;
(c)facilitating the exercise by an authority or international organisation outside the Territory of functions which correspond to functions conferred by or in connection with any activity subject to control by this Order or any other order made under the Act; and
may be disclosed to any person for use for these purposes.
(3) No disclosure of information shall be made by virtue of this paragraph unless the making of the disclosure is proportionate to the object of the disclosure.
(4) For the purposes of this paragraph “information” is any information that relates to a particular business or other activity carried on by a person.
(5) Nothing in this paragraph shall be taken to affect any power to disclose information that exists apart from this paragraph.
(6) The information that may be disclosed by virtue of this paragraph includes information obtained before the commencement of this Order.
23. Any notice to be given to the Governor by a person under this Order may be given by an agent of his, and shall be sent by post or delivered to the Governor at an address specified in the official gazette of the Territory.
24. [omitted]
25.—(1) Licences issued by the Governor of a territory to which this Order applies before the date of the coming into force of this Order in that Territory (“the relevant date”) permitting anything to be done or omitted to be done for which, apart from this paragraph, a licence under this Order would be required on or after the relevant date shall continue to have effect for the period for which they were issued, and any such licence shall be deemed to have been issued under this Order.
(2) The provisions of the law of the Territory in force before the relevant date shall continue to apply in relation to any export for which such a licence was required before that date which has occurred before that date and to any export which takes place on or after the relevant date in respect of which such a licence has been issued before that date.