The Dual-Use and Related Goods (Export Control) Regulations 1996

Failure to comply with licence conditions

8.—(1) Subject to paragraph (2) below, any person who—

(a) has exported goods from the United Kingdom or from the European Community under the authority of a licence or Community Licence, as the case may be, granted by the Secretary of State, or from the European Community under the authority of a Community Licence sought by or on behalf of a person in, or established in, the United Kingdom, and

(b) fails to comply with any condition attaching to that licence or Community Licence as the case may be, shall be guilty of an offence and liable—

(i) on summary conviction to a fine not exceeding the statutory maximum, and

(ii) on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.

(2) No person shall be guilty of an offence under paragraph (1) above where he proves—

(a) that the condition with which he failed to comply was modified, otherwise than with his consent—

(i) in the case of a licence, by the Secretary of State, or

(ii) in the case of a Community Licence, by the Secretary of State or other competent authority who granted that Community Licence; and

(b) that the goods in relation to which he failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom in the case of a licence or from the European Community in a case of a Community Licence.