The Export Control (Venezuela Sanctions) Order 2018

Penalties

This section has no associated Explanatory Memorandum

8.—(1) A person guilty of an offence under the provisions of this Order mentioned in paragraph (2) is liable—

(a)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding six months or to a fine, or to both;

(ii)in Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(iii)in Scotland, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(2) The provisions are—

(a)article 3(1) in connection with the prohibitions in Article 2(1)(b) of the Venezuela Sanctions Regulation;

(b)article 4(1) in connection with the prohibitions in Article 3(c) of the Venezuela Sanctions Regulation;

(c)article 5(1) in connection with the prohibitions in Article 7(1)(b) or 7(1)(c) of the Venezuela Sanctions Regulation;

(d)article 6;

(e)article 7(1).

(3) A person guilty of an offence under the provisions of this Order mentioned in paragraph (4) is liable—

(a)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding six months or to a fine, or to both;

(ii)in Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(iii)in Scotland, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both.

(4) The provisions are—

(a)article 3(1) in connection with the prohibitions in Article 2(1)(a) of the Venezuela Sanctions Regulation;

(b)article 4(1) in connection with the prohibitions in Article 3(a) or 3(b) of the Venezuela Sanctions Regulation;

(c)article 5(1) in connection with the prohibitions in Article 6(1) or 7(1)(a) of the Venezuela Sanctions Regulation.

(5) In the case of an offence committed after the commencement of section 154(1) of the Criminal Justice Act 2003(1), for “six months” in paragraph (1)(a)(i) substitute “twelve months”.

(6) In the case of an offence committed under the 1979 Act in connection with the prohibitions on exportation in Articles 3(a) or 6(1) of the Venezuela Sanctions Regulation, sections 68(3)(b)(2) and 170(3)(b)(3) of that Act have effect as if for the words “7 years” there were substituted the words “10 years”.

(1)

2003 c.44. At the date of this Order, section 154(1) had not been commenced.

(2)

Section 68(3)(b) was amended by the Finance Act 1988 (c.39), section 12(1)(a); by the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17, Part 2, paragraph 8(4)(a); and by the Anti-Social Behaviour, Crime and Policing Act 2014 (c.12), section 111(7)(a).

(3)

Section 170(3)(b) was amended by the Finance Act 1988, section 12(1)(a); by the Import of Seal Skins Regulations 1996/2686, regulation 4(2)(a); by the Criminal Justice and Immigration Act 2008, Schedule 17, Part 2, paragraph 8(5)(a); and by the Anti-Social Behaviour, Crime and Policing Act 2014, section 111(4)(a).