Regulation 75 Trade: application of information powers in CEMAI1

United Kingdom

(1)

Section 77A of CEMA M1 applies in relation to a person carrying on a relevant activity as it applies in relation to a person concerned in the importation or exportation of goods but as if—

(a)

in subsection (1), the reference to a person concerned in the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 M2 or an entry or specification is required by or under CEMA were to a person carrying on a relevant activity;

(b)

any other reference to importation or exportation were to a relevant activity;

(c)

any reference to goods were to the goods, technology, services or funds to which the relevant activity relates.

(2)

For the purposes of paragraph (1), a “relevant activity” means an activity—

F1(a)

which would, unless done under the authority of a trade licence, constitute a contravention of any prohibition in Chapters 2 to 6B of Part 5 (Trade), except—

(i)

any prohibition on imports or exports, and

(ii)

the prohibition in regulation 46Z39 (detained transport assets);

(b)

which would constitute a contravention of the prohibition in regulation 55(1) (circumventing etc. prohibitions) F2, except where the contravention relates to the prohibition in regulation 46Z39.

Annotations

Textual amendments

F1: Reg. 75(2)(a) substituted (20.5.2026) by The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2026 (S.I. 2026/543), regs. 1(2), 24(a)
F2: Words in reg. 75(2)(b) inserted (20.5.2026) by The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2026 (S.I. 2026/543), regs. 1(2), 24(b)

Marginal citations

M1: Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by S.I. 1992/3095.
M2: S.I. 1991/2724 as amended by S.I. 1992/3095, S.I. 1993/3014 and S.I. 2011/1043 and is prospectively revoked by S.I. 2018/1247.

Commencement

I1: Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Notes on the whole SI

Textual amendments

F1: Regulations extended (British overseas territories) (with modifications) (31.12.2020 immediately after both S.I. 2020/590 and S.I. 2020/951 have come into force) by The Russia (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1571), arts. 1(1), 2, Schs. 1, 2 (as amended: (11.3.2021) by S.I. 2021/288, arts. 1(1), 2(2); (14.4.2022) by S.I. 2022/453, arts. 1(1), 3-38; (20.7.2022) by S.I. 2022/843, arts. 1(1), 3; (10.11.2022) by S.I. 2022/1167, arts. 1(1), 3-17; (15.12.2022) by S.I. 2022/1338, arts. 1(1), 3-10; (9.3.2023) by S.I. 2023/291, arts. 1(1), 3-9; (20.7.2023) by S.I. 2023/846, arts. 1(1), 3, 5-22; (30.9.2023) by S.I. 2023/846, arts. 1(2), 4; (14.3.2024) by S.I. 2024/370, arts. 1, 3-13; (3.10.2024) by S.I. 2024/987, arts. 1(1), 3-6; and (11.12.2025) by S.I. 2025/1307, art. 1(1), Sch. 15)