Regulation 46 Trade: application of information powers in CEMAI1

(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 other 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 which would, unless done under the authority of a trade licence, constitute a contravention of—

(a)

any prohibition in Chapter 2, 3 or 4 of Part 5 (Trade) except the prohibition in F1regulation 22(1), or

(b)

the prohibition in regulation 31 (circumventing etc prohibitions).

Annotations

Textual amendments

F1: Words in reg. 46(2)(a) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 3(10); S.I. 2020/1514, reg. 4

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 is 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. 46 in force at 31.12.2020 on IP completion day by S.I. 2019/627, reg. 3(2); 2020 c. 1, Sch. 5 para. 1(1)