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8.—(1) Subject to articles 17 and 26, no person shall export goods specified in Annex I to the dual-use Regulation in relation to which there is no export authorisation requirement under Article 3(1) (controls on listed goods) of that Regulation because the goods are in transit.
(2) Paragraph (3) applies where a person (“the exporter”) would only be permitted to export dual-use goods—
(a)to the extent authorised to do so under Article 4(1) (WMD purposes end-use control) of the dual-use Regulation; or
(b)after complying with Article 4(4) (requirement to notify competent authority in the case of awareness of end-use for WMD purposes) of the dual-use Regulation,
if those provisions applied but the provisions do not apply because the goods are in transit.
(3) Subject to article 26, the exporter shall not export the goods in question.
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