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Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003

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This is the original version (as it was originally made).

Failure to comply with licence conditions

18.—(1) Subject to the provisions of paragraph (3), any person who—

(a)has done any act under the authority of—

(i)a licence granted by the Secretary of State under this Order;

(ii)the Community General Export Authorisation;

(iii)a Community Licence granted by the Secretary of State under this Order; or

(iv)a Community Licence sought by or on behalf of a person in or established in the United Kingdom; and

(b)fails to comply with—

(i)any conditions attaching to that licence, Community Licence or applying on the use of the Community General Export Authorisation;

(ii)any obligation under article 13; or

(iii)any obligation under article 14,

shall be guilty of an offence.

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

(a)on summary conviction to a fine of the prescribed sum; and

(b)on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding 2 years, or to both.

(3) No person shall be guilty of an offence under paragraph (1) where—

(a)as the case may be—

(i)in the case of a licence the condition in question had been previously modified by the Secretary of State; or

(ii)in the case of a Community Licence the condition in question had been previously modified by the Secretary of State or other competent authority which granted that Community Licence; or

(iii)in the case of the Community General Export Authorisation the condition in question had been previously modified; and

(b)the alleged failure to comply would not have been a failure had the licence, Community Licence or Community General Export Authorisation not been so modified; and

(c)the condition with which he failed to comply was modified, by the competent authority that granted the licence, Community Licence or Community General Export Authorisation after the doing of the act authorised by the licence, Community Licence or Community General Export Authorisation.

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