The Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) Regulations 1998

Made: 22nd June 1998

Laid before Parliament: 24th June 1998

Coming into force: 15th July 1998

The Secretary of State, being a Minister designated¹ for the purposes of section 2(2) of the European Communities Act 1972² in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not Member States, in exercise of the powers conferred on her by that section, hereby makes the following Regulations:

1

These Regulations may be cited as the Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) Regulations 1998 and shall come into force on 15th July 1998.

2

Any person who infringes the prohibition in Article 1 of Council Regulation (EC) No. 926/98 of 27th April 1998 concerning the reduction of certain economic relations with the Federation Republic of Yugoslavia³ or the prohibition in Article 3 of that Regulation so far as it relates to Article 1 shall be guilty of an offence and may be arrested.

3

• (1) Authorisation for sale or supply of equipment to the Federal Republic of Yugoslavia as provided for in the said Regulation shall in the United Kingdom be by way of licence granted by the Secretary of State.

• (2) If for the purpose of obtaining a licence any person—

• (a) makes any statement or furnishes any document which to his knowledge is false in a material particular, or

• (b) recklessly makes any statement or furnishes any document or information which is false in a material particular,

he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.

• (3) Any person who, having sold or supplied equipment under the authority of a licence granted under this regulation, fails to comply with any requirements or conditions to which the licence is subject shall be guilty of an offence unless—

• (a) the licence had previously been modified by the Secretary of State without that person’s consent,

• (b) the alleged failure to comply would not have been a failure had the licence not been so modified, and

• (c) that person proves that the sale or supply had taken place before the modification had been made.

4

• (1) A person guilty of an offence under regulation 2 or 3(2) or (3) above shall be liable—

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

• (b) on summary conviction, to a fine not exceeding the statutory maximum.

• (2) Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence Act 1984⁴ and the Police and Criminal Evidence (Northern Ireland) Order 1989⁵, section 24(2) of that Act (in England and Wales) and Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Act and the Order.

• (3) Section 138 of the Customs and Excise Management Act 1979⁶ (provision as to arrest of persons) shall apply to the arrest of any person for an offence under regulation 2 above as it applies to the arrest of any person for an offence under the customs and excise Acts.

• (4) Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979⁷ (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.

• (5) Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for an offence under regulation 3(2) or (3) above.

• (6) In this regulation, “customs and excise Acts” has the same meaning as in section 1 of the said Act.

Signed

Clinton-Davis — Minister for Trade, — Department of Trade and Industry — 22nd June 1998

Explanatory note

(This note is not part of the Regulations)

Council Regulation (EC) 926/98 prohibits the sale or supply to the Federal Republic of Yugoslavia of specified equipment which might be used for internal repression or terrorism. These Regulations—

• (a) make it an offence to infringe that prohibition;

• (b) provide for licensing of sales or supplies in accordance with the Council Regulation; and

• (c) make provision for enforcement.

Footnotes