# The Export Control Order 2008, Article 35: Offences relating to prohibitions and restrictions in the assimilated dual-use Regulation

Extent: E+W+S+N.I.

(1) Subject to paragraph (8), a person who contravenes a prohibition or restriction in Article 3(1) (controls on listed goods), 4(2) (military end-use control), 4(3) (end-use control relating to use in items exported or transferred without authorisation) ... of the assimilated dual-use Regulation commits an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2) A person who—
(a) contravenes a prohibition or restriction in Article 4(1) (WMD purposes end-use control) or Article 5(1) (brokering services) of the assimilated dual-use Regulation; or
(b) fails to comply with the requirement in Article 4(4) (requirement to notify the Secretary of State in the case of awareness of end-use for certain military or WMD purposes) of the assimilated dual-use Regulation
commits an offence and may be arrested.
(3) A person guilty of an offence under paragraph (2) shall be liable—
(a) on summary conviction in ... Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or
(iii) in England and Wales, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both; or
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
(4) Subject to paragraph (8), a person knowingly concerned in an activity prohibited or restricted by Article 3(1), 4(1), 4(2), 4(3) , 5(1) ... of the assimilated dual-use Regulation with intent to evade the relevant prohibition or restriction commits an offence and may be arrested.
(5) A person guilty of an offence under paragraph (4) shall be liable—
(a) on summary conviction in ... Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or
(iii) in England and Wales, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both; or
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding ten years, or to both.
(6) A person who fails to comply with Article 9(2) (provision of relevant information for export authorisation applications) or 10(2) (provision of relevant information for authorisation applications for brokering services) of the assimilated dual-use Regulation commits an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale and any licence which may have been granted in connection with the application shall be void as from the time it was granted.
(7) A person who fails to comply with Article 20 (record-keeping) ... of the assimilated dual-use Regulation commits an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(8) Paragraphs (1) and (4) do not create offences related to prohibitions or restrictions on the exportation of goods from the United Kingdom (as to which see CEMA).
(9) In paragraphs (3)(a)(iii) and (5)(a)(iii) as they apply to England and Wales in the case of an offence committed before 2nd May 2022, for “the general limit in a magistrates’ court” substitute “six months”.

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Source: https://www.legislation.gov.uk/uksi/2008/3231/article/35 (the official version)
Page: https://openlegislation.uk/export-control-order-2008/article-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.