Article 38 Failure to comply with licence conditions

United Kingdom

(1)

A person who, having acted under the authority of a licence or the F1general export authorisation, fails to comply with—

(a)

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

(b)

any obligation under article 28, 29 F2... 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.

Annotations

Textual amendments

F1: Words in art. 38(1) substituted (31.12.2020) by The Export Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/137), regs. 1, 4(27) (as amended by S.I. 2020/1502, regs. 2(3), 7(8)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in art. 38(1)(b) omitted (22.2.2017) by virtue of The Export Control (Amendment) Order 2017 (S.I. 2017/85), arts. 1, 2(7)