{
  "url": "https://openlegislation.uk/export-control-order-2008/article-38",
  "json_url": "https://openlegislation.uk/export-control-order-2008/article-38.json",
  "legislation": "uksi/2008/3231",
  "legislation_title": "The Export Control Order 2008",
  "legislation_url": "https://openlegislation.uk/export-control-order-2008",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": "Failure to comply with licence conditions",
  "text": "(1) A person who, having acted under the authority of a licence or the general export authorisation, fails to comply with—\n(a) any of the requirements or conditions to which the licence or the general export authorisation is subject; or\n(b) any obligation under article 28, 29 ... or 31\ncommits an offence unless paragraph (2) applies.\n(2) This paragraph applies if—\n(a) the licence was modified after the completion of the act authorised; and\n(b) the alleged failure to comply would not have been a failure had the licence not been so modified.\n(3) A person guilty of an offence under paragraph (1) shall be liable—\n(a) on summary conviction—\n(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;\n(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\n(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/3231/article/38",
    "retrieved_at": "2026-10-29T03:20:03.100935+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}