Customs and Excise Management Act 1979 (c. 2)

Part VU.K. Control of Exportation

Offences in relation to exportationU.K.

68 Offences in relation to exportation of prohibited or restricted goods. U.K.

(1)If any goods are—

(a)exported or shipped as stores; or

(b)brought to any place in the United Kingdom for the purpose of being exported or shipped as stores,

and the exportation or shipment is or would be contrary to any prohibition or restriction for the time being in force with respect to those goods under or by virtue of any enactment, the goods shall be liable to forfeiture and the exporter or intending exporter of the goods and any agent of his concerned in the exportation or shipment or intended exportation or shipment shall each be liable on summary conviction to a penalty of three times the value of the goods or [F1level 3 on the standard scale], whichever is the greater.

(2)Any person knowingly concerned in the exportation or shipment as stores, or in the attempted exportation or shipment as stores, of any goods with intent to evade any such prohibition or restriction as is mentioned in subsection (1) above shall be guilty of an offence under this subsection and may be detained.

(3)Subject to subsection (4) [F2, (4A) [F3, (4AA) ] or (4B)] below, a person guilty of an offence under subsection (2) above shall be liable—

(a)on summary conviction, to a penalty of [F4the prescribed sum][F4£20,000] or of three times the value of the goods, whichever is the greater, or to imprisonment for a term not exceeding 6 months, or to both; or

(b)on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding [F57 years], or to both.

(4)In the case of an offence under subsection (2) above in connection with a prohibition or restriction on exportation having effect by virtue of section 3 of the M1Misuse of Drugs Act 1971, subsection (3) above shall have effect subject to the modifications specified in Schedule 1 to this Act.

[F6(4A)In the case of—

(a)an offence under subsection (2) F7... above committed in Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af)[F8, (ag), (ba)] or (c) or (1A)(a) of the Firearms Act 1968, [F9or]

(b)any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in [F10Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a)][F10Article 45(1)(a), [F11, (aa)] (b), (c), (d), (e)[F12, (ea), (fa)] or (g) or (2)(a)] of the Firearms (Northern Ireland) Order [F132004], F14...

F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

subsection (3)(b) above shall have effect [F15as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ”] .]

[F16(4AA)In the case of an offence under subsection (2) above committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.]

[F17(4B)In the case of an offence under subsection (2) above in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.]

(5)If by virtue of any such restriction as is mentioned in subsection (1) above any goods may be exported only when consigned to a particular place or person and any goods so consigned are delivered to some other place or person, [F18the vehicle in which they were exported] shall be liable to forfeiture unless it is proved to the satisfaction of the Commissioners that [F19both the owner of the vehicle and the vehicle operator]—

(a)took all reasonable steps to secure that the goods were delivered to the particular place to which or person to whom they were consigned; and

(b)did not connive at or, except under duress, consent to the delivery of the goods to that other place or person.

(6)In any case where a person would, apart from this subsection, be guilty of—

(a)an offence under subsection (1) or (2) above; and

(b)a corresponding offence under the enactment or instrument imposing the prohibition or restriction in question, being an offence for which a fine or other penalty is expressly provided by that enactment or other instrument,

he shall not be guilty of the offence mentioned in paragraph (a) of this subsection.

Textual Amendments

F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703, (N.I. 3) arts. 5, 6

F2Words in s. 68(3) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 8(4)(a); S.I. 2009/3074, art. 2(q)

F3Word in s. 68(3) inserted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 111(7)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(d)