CRIMINAL LAW, ENGLAND AND WALES Citation, commencement and interpretation 1 1 These Regulations may be cited as the Burma (Freezing of Funds) Regulations 2000, and shall come into force on 7th June 2000. 2 In these Regulations— a “body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner; and b “the EC Regulation ” means Council Regulation ( EC ) No. 1081/2000 of 22nd May 2000 prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for internal repression or terrorism, and freezing the funds of certain persons related to important governmental functions in that country. Breaches of the EC Regulation 2 Any person who commits a breach of: a Article 2 of the EC Regulation; or b Article 5 of the EC Regulation so far as it relates to Article 2, shall be guilty of an offence. Information 3 The Schedule to these Regulations shall have effect in order to facilitate the obtaining, by or on behalf of the Treasury or the Bank of England, of information for the purpose of ensuring compliance with the EC Regulation. Penalties and proceedings 4 1 Any person guilty of an offence under regulation 2 above or under paragraph 2(b) or (c) of the Schedule to these Regulations shall be liable— a on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both; b on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both. 2 Any person guilty of an offence under paragraph 2(a) of the Schedule to these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both. 3 Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary of other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 4 Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being. 5 No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General or, as the case may be, the Attorney General for Northern Ireland: Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained. Bob Ainsworth Jim Dowd Two of the Lords Commissioners of Her Majesty’s Treasury 5th June 2000