The Russia (Sanctions) (EU Exit) Regulations 2019

Trade enforcement: application of CEMAU.K.

85.—(1) Where the Commissioners investigate or propose to investigate any matter with a view to determining—

(a)whether there are grounds for believing that a relevant offence has been committed, or

(b)whether a person should be prosecuted for such an offence,

the matter is to be treated as an assigned matter.

(2) In paragraph (1) “assigned matter” has the meaning given by section 1(1) of CEMA M1.

(3) In this regulation a “relevant offence” means an offence under—

(a)Part 5 (Trade), [F1except regulation 54D (legal advisory services), but only insofar as the offence under that regulation relates to legal advisory services concerning relevant activity which would be prohibited under any of regulations 11 to 19],

[F2(aa)regulation 67 (finance: licensing offences) but only insofar as the offence under that regulation relates to offences under regulations 46Z9B to 46Z9D (maritime transportation of certain oil and oil products),]

(b)regulation 68 (trade: licensing offences),

(c)regulation 76(6) (general trade licences: records), or

(d)regulation 77(5) (general trade licences: inspection of records).

[F3(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraph (3B), unless the suspected offence has been the subject of—

(a)a referral to the Commissioners by—

(i)the Secretary of State,

(ii)the Treasury, or

(iii)OFCOM, where such referral relates to a suspected offence under regulation 54A(4);

(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 a relevant offence under any of the following provisions—

[F4(za)regulation 24(3) [F5insofar as the offence does not relate to dual-use goods, military goods, or defence and security goods];

[F6(zaa)regulation 25(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual-use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zab)regulation 26(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zac)regulation 27(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zad)regulation 28(7) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual-use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zae)regulation 29(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology;]

(zb)regulation 29A(3) [F7insofar as it does not relate to the import or export of goods];]

[F8(zc)regulation 30(3);]

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)regulation 41(3);

[F11(ca)regulation 42(3) insofar as it does not relate to the import or export of goods [F12or to the transfer of technology to or from the United Kingdom];

[F13(caa)regulation 42A(3) insofar as it does not relate to the transfer of technology to or from the UK;]

(cb)regulation 43(3) insofar as it does not relate to the import or export of goods [F14or to the transfer of technology to or from the United Kingdom];

(cc)regulation 44(5) insofar as it does not relate to the import or export of goods [F15or to the transfer of technology to or from the United Kingdom];]

(d)regulation 45(3) [F16insofar as it does not relate to the import or export of goods] [F17or to the transfer of technology to or from the United Kingdom];

[F18(dza)regulation 46(3);]

[F19(da)regulation 46A(4) [F20insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK];]

(e)regulation 46B(4) [F21insofar as it does not relate to the import or export of goods];

[F22(ea)regulation 46BA(3) (technical assistance relating to luxury goods) [F23insofar as it does not relate to the import or export of goods];

(eb)regulation 46BB(3) (financial services and funds relating to luxury goods) [F24insofar as it does not relate to the import or export of goods];

(ec)regulation 46BC(4) (brokering services relating to luxury goods) [F25insofar as it does not relate to the import or export of goods]];

[F26(ed)regulation 46E(3) insofar as it does not relate to the import or export of goods;]

(f)regulation 46F(3);

(g)regulation 46G(3) [F27insofar as it does not relate to the import or export of goods];

(h)regulation 46H(3) [F28insofar as it does not relate to the import or export of goods];

[F29(hza)regulation 46I(3) insofar as it does not relate to the import or export of goods;

(hzb)regulation 46IH(3) insofar as it does not relate to the import or export of goods;]

[F30(ha)regulation 46II(3);]

(i)regulation 46K(3);

[F31(ia)regulation 46L(4) insofar as it does not relate to the import or export of goods;]

(j)regulation 46N(4) [F32insofar as it does not relate to the import or export of goods];

[F33(jza)regulation 46O(3) insofar as it does not relate to the import or export of goods;

(jzb)regulation 46P(5) insofar as it does not relate to the import or export of goods;

(jzc)regulation 46Q(3) insofar as it does not relate to the import or export of goods;

[F34(jzca)regulation 46T(3) insofar as it does not relate to the import or export of goods;

(jzcb)regulation 46V(3) insofar as it does not relate to the import or export of goods;

(jzcc)regulation 46W(3) insofar as it does not relate to the import or export of goods;

(jzcd)regulation 46X(3) insofar as it does not relate to the import or export of goods;]

(jzd)regulation 46XC(3) insofar as it does not relate to the import or export of goods;]

[F35(ja)regulation 46XD(3);

(jb)regulation 46XE(3) [F36insofar as it does not relate to the import or export of goods];

(jc)regulation 46XF(3) [F37insofar as it does not relate to the import or export of goods];]

[F38(jd)regulation 46XG(3) insofar as it does not relate to the import or export of goods;]

(k)regulation 46Y(4) [F39insofar as it does not relate to the import or export of goods] [F40or to the transfer of technology to or from the United Kingdom];

[F41(kza)regulation 46YA(3) insofar as it does not relate to the transfer of technology to or from the United Kingdom;]

[F42(ka)regulation 46Z(3) insofar as it does not relate to the import or export of goods [F43or to the transfer of technology to or from the United Kingdom];

(kb)regulation 46Z1(5) insofar as it does not relate to the import or export of goods [F44or to the transfer of technology to or from the United Kingdom];]

(l)regulation 46Z2(3) [F45insofar as it does not relate to the import or export of goods] [F46or to the transfer of technology to or from the United Kingdom];

[F47(la)regulation 46Z5(3) insofar as it does not relate to the import or export of goods;

(lb)regulation 46Z7(3) insofar as it does not relate to the import or export of goods;

(lc)regulation 46Z8(3) insofar as it does not relate to the import or export of goods;

(ld)regulation 46Z9(3) insofar as it does not relate to the import or export of goods;]

(m)regulation 46Z9B(8);

(n)regulation 46Z9B(9);

(o)regulation 46Z9C(4);

(p)regulation 46Z9C(5);

(q)regulation 46Z9D(4);

(r)regulation 46Z9D(5);

[F48(rza)regulation 46Z12(3) insofar as it does not relate to the import or export of goods;

(rzb)regulation 46Z14(3) insofar as it does not relate to the import or export of goods;

(rzc)regulation 46Z15(3) insofar as it does not relate to the import or export of goods;

(rzd)regulation 46Z16(3) insofar as it does not relate to the import or export of goods;]

[F49(rze)regulation 46Z16D(4) insofar as it does not relate to the import or export of goods;

(rzf)regulation 46Z16E(3) insofar as it does not relate to the import or export of goods;

(rzg)regulation 46Z16G(3) insofar as it does not relate to the import or export of goods;

(rzh)regulation 46Z16H(3) insofar as it does not relate to the import of goods;

(rzi)regulation 46Z16I(3) insofar as it does not relate to the import or export of goods;]

[F50(ra)regulation 46Z16L(3) [F51insofar as it does not relate to the import or export of goods];

(rb)regulation 46Z16M(3);

(rc)regulation 46Z16N(3) [F52insofar as it does not relate to the import or export of goods];

(rd)regulation 46Z16O(3) [F53insofar as it does not relate to the import or export of goods];

(re)regulation 46Z16P(3) [F54insofar as it does not relate to the import or export of goods];]

[F55(rf)regulation 46Z19(3) insofar as it does not relate to the import or export of goods;

(rg)regulation 46Z21(3) insofar as it does not relate to the import or export of goods;

(rh)regulation 46Z22(3) insofar as it does not relate to the import or export of goods;

(ri)regulation 46Z23(3) insofar as it does not relate to the import or export of goods;

(rj)regulation 46Z26(3) insofar as it does not relate to the import or export of goods;

(rk)regulation 46Z27(3) insofar as it does not relate to the import or export of goods;

(rl)regulation 46Z28(3) insofar as it does not relate to the import or export of goods;

(rm)regulation 46Z29(3) insofar as it does not relate to the import or export of goods;]

(s)regulation 46Z30(4) [F56insofar as it does not relate to the import or export of goods] [F57or to the transfer of technology to or from the United Kingdom];

[F58(saa)regulation 46Z30A(3) insofar as it does not relate to the transfer of technology to or from the United Kingdom;]

[F59(sa)regulation 46Z31(3) insofar as it does not relate to the import or export of goods [F60or to the transfer of technology to or from the United Kingdom];

(sb)regulation 46Z32(5) insofar as it does not relate to the import or export of goods [F61or to the transfer of technology to or from the United Kingdom];]

(t)regulation 46Z33(3) [F62insofar as it does not relate to the import or export of goods] [F63or to the transfer of technology to or from the United Kingdom];

[F64(ta)regulation 46Z34(3) insofar as it does not relate to the transfer of technology to or from the United Kingdom;

(tb)regulation 46Z35(3) insofar as it does not relate to the transfer of technology to or from the United Kingdom;

(tc)regulation 46Z36(3) insofar as it does not relate to the transfer of technology to or from the United Kingdom;

(td)regulation 46Z37(5) insofar as it does not relate to the transfer of technology to or from the United Kingdom;

(te)regulation 46Z38(3) insofar as it does not relate to the transfer of technology to or from the United Kingdom;]

(u)regulation 49(3);

[F65(ua)regulation 50(3) insofar as it does not relate to the import or export of goods;

(ub)regulation 51(3) insofar as it does not relate to the import or export of goods;

(uc)regulation 52(5) insofar as it does not relate to the import or export of goods;]

(v)regulation 53(3) [F66insofar as it does not relate to the import or export of goods];

(w)regulation 54(3);

(x)regulation 54A(4);

(y)regulation 54C(3);

(z)regulation 54D(4);

(z1)regulation 67(1);

(z2)regulation 67(2).

[F67(3BA) In paragraph (3B)(ea) to (ec), “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

(3BB) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 55(2), insofar as the activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).]

(3C) [F68Paragraph (3A)] also applies to the suspected commission of a relevant offence under any of regulations 68(1), [F6968(2),] 76(6) and 77(5) insofar as—

(a)the suspected offence relates to a licence issued under regulation 65, and

(b)the prohibited activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B)(a) to (z).]

(4) Section 138 of CEMA M2 (arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, a relevant offence as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which the person is liable to be arrested under the customs and excise Acts, but as if—

(a)any reference to an offence under, or for which a person is liable to be arrested under, the customs and excise Acts were to a relevant offence;

(b)in subsection (2), the reference to any person so liable were to a person who has committed, or whom there are reasonable grounds to suspect of having committed, a relevant offence.

(5) The provisions of CEMA mentioned in paragraph (6) apply in relation to proceedings for a relevant offence as they apply in relation to proceedings for an offence under the customs and excise Acts, but as if—

(a)any reference to the customs and excise Acts were to any of the provisions mentioned in paragraph (3)(a) to (d);

(b)in section 145(6), the reference to an offence for which a person is liable to be arrested under the customs and excise Acts were to a relevant offence;

(c)in section 151, the reference to any penalty imposed under the customs and excise Acts were to any penalty imposed under these Regulations in relation to a relevant offence;

(d)in section 154(2)—

(i)the reference to proceedings relating to customs or excise were to proceedings under any of the provisions mentioned in paragraph (3)(a) to (d), and

(ii)the reference to the place from which any goods have been brought included a reference to the place to which goods have been exported, supplied or delivered or the place to or from which technology has been transferred.

(6) The provisions of CEMA are sections 145, 146, 147, 148(1), 150, 151, 152, 154 and 155 M3 (legal proceedings).

[F70(7) Any term in this regulation that is defined in Chapter 1 (Interpretation) of Part 5 (Trade) bears the same meaning as in that Chapter of that Part.]