PART 6OFFENCES, ENFORCEMENT AND PENALTIES

Failure to comply with licence conditions38

1

A person who, having acted under the authority of a licence or the F2general export authorisation, fails to comply with—

a

any of the requirements or conditions to which the licence or the F2general export authorisation is subject; or

b

any obligation under article 28, 29 F1... or 31

commits an offence unless paragraph (2) applies.

2

This paragraph applies if—

a

the licence was modified after the completion of the act authorised; and

b

the alleged failure to comply would not have been a failure had the licence not been so modified.

3

A person guilty of an offence under paragraph (1) shall be liable—

a

on summary conviction—

i

in England and Wales or Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both;

ii

in Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or

b

on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.