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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Trade in Controlled Goods (Embargoed Destinations) Order 2004 No. 318 URL: http://www.bailii.org/uk/legis/num_reg/2004/20040318.html |
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| Made | 10th February 2004 | ||
| Laid before Parliament | 11th February 2004 | ||
| Coming into force | 3rd March 2004 |
(2) Any reference in this Order to time after an event is a reference to a period of that length of time beginning on the day after that event.
any controlled goods to any person or place in an embargoed destination.
(2) Subject to the provisions of this Order, no United Kingdom person shall directly or indirectly -
any controlled goods to any person or place in an embargoed destination.
(3) Paragraph (1) applies to any act or any part of any act, done in the United Kingdom.
(4) Paragraph (2) applies to any act or any part of any act, done outside the United Kingdom or the Isle of Man.
(5) Paragraphs (1) and (2) do not apply to any controlled goods that are present in the United Kingdom or the Isle of Man unless they are goods in transit.
(6) For the purposes of paragraphs (1) and (2), controlled goods that are goods in transit shall be considered to be located in a place outside the United Kingdom or the Isle of Man.
(7) Nothing in paragraph (1) or (2) shall be taken to prohibit any activities authorised by a licence granted by the Secretary of State under this Order or any other order made under the Act, provided that all the conditions attaching to the licence are complied with.
(8) Nothing in paragraph (1)(b) or (c) or (2)(b) or (c) shall apply where the supply or delivery of the controlled goods to the person or place concerned is authorised by a licence granted by the Secretary of State under this Order.
(3) Any licence granted under this Order, shall be in writing and may be amended, suspended or revoked by the Secretary of State at any time and in such circumstances and on such terms as he thinks fit by serving a notice to that effect on the holder of the licence.
Registration with the Secretary of State
5.
- (1) Not later than 30 days after any person first does any act under the authority of any general licence granted by the Secretary of State that does not provide otherwise, that person shall give to the Secretary of State written notice of his name and the address at which copies of the records referred to in article 6(1) may be inspected by any person authorised by the Secretary of State or the Commissioners under article 6(4).
(2) A person who has given to the Secretary of State written notice of particulars under paragraph (1) shall, not later than 30 days after any change in those particulars, give to the Secretary of State written notice of the changed particulars.
Record keeping and inspection
6.
- (1) Any person who does any act under the authority of any general licence under this Order shall keep registers or records in accordance with this article.
(2) The registers or records shall contain sufficient detail as may be necessary to allow the following information to be identified -
(3) The registers or records referred to in paragraph (1) shall be kept for at least 4 years from the end of the calendar year in which the authorised act took place.
(4) The person referred to in paragraph (1) shall permit any such records to be inspected and copied by any person authorised by the Secretary of State or the Commissioners.
(5) Any person authorised by the Secretary of State or the Commissioners shall have the right, on producing, if required to do so, a duly authenticated document showing his authority, at any reasonable hour to enter for the purpose of paragraph (4) the premises, the address of which has been most recently notified to the Secretary of State under article 5 of this Order.
(6) Where the registers or records required to be maintained under this article are kept in a form which is not legible the person required under paragraph (1) to maintain such records shall at the request of the person authorised by the Secretary of State or the Commissioners, as the case may be, reproduce such registers or records in a legible form.
Licence refusals etc. and appeals
7.
- (1) In the event that the Secretary of State decides not to grant a licence under this Order to any person who has applied for a licence, that person shall be provided with a written notification setting out the reason or reasons for the decision.
(2) In the event that the Secretary of State decides to suspend a licence that has been granted under this Order, the licence holder shall be provided with a written notification setting out the terms of the suspension and the reason or reasons for the decision.
(3) In the event that the Secretary of State decides to revoke a licence that has been granted under this Order, the licence holder shall be provided with a written notification setting out the reason or reasons for the decision.
(4) Any person who has had a licence application refused under article 4 of this Order or who has had a licence suspended or revoked under that article shall have 28 calendar days from the date of the written notification in which to submit an appeal in writing to the Secretary of State, Export Control Organisation, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.
(5) Any appeal submitted under paragraph (4) shall specify the grounds on which that appeal is made and may provide further information or arguments in support of the appeal.
(6) Pending determination of any appeal submitted under paragraph (4), any decision taken by the Secretary of State shall continue to have effect.
(4) No person shall be guilty of an offence under article 3 if he is able to show that he did not know, and had no reason to suppose, that the goods were destined for an embargoed destination.
Misleading applications for licences etc.
9.
- (1) Where for the purpose of obtaining a licence under this Order any person either -
he shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable -
and any licence which may have been granted by the Secretary of State in connection with the application for which the false statement was made or the false document or information was furnished shall be void as from the time it was granted.
Failure to comply with licence conditions
10.
- (1) Subject to paragraph (3), any person who -
shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable -
(3) No person shall be guilty of an offence under paragraph (1) where -
Application of the Customs and Excise Management Act 1979
11.
- (1) It shall be the duty of the Commissioners to take such action as they consider appropriate to secure the enforcement of article 3, 9, 10(1)(b)(i), or any obligation arising under article 6 insofar as the obligation relates to the powers of the Commissioners.
(2) Sections 145 to 148 and 150 to 152(b) and 153 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties under this Order and proceedings for such offences, as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
(3) For the purposes of this Order offences other than those in respect of which a duty is imposed upon the Commissioners by virtue of paragraph (1) shall not be offences under the customs and excise Acts for the purposes of section 145 of the Customs and Excise Management Act 1979.
Use and disclosure of information
12.
- (1) This article applies to information which is held by -
in connection with the operation of controls imposed by this Order or by any directly applicable Community provision, on activities which facilitate or are otherwise connected with the supply or delivery of controlled goods.
(2) Information to which this article applies may be used for the purposes of, or for any purposes connected with -
may be disclosed to any person for use for these purposes.
(3) No disclosure of information shall be made by virtue of this article unless the making of the disclosure is proportionate to the object of the disclosure.
(4) For the purposes of this article "information" is any information that relates to a particular business or other activity carried on by a person.
(5) Nothing in this article shall be taken to affect any power to disclose information that exists apart from this article.
(6) The information that may be disclosed by virtue of this article includes information obtained before the commencement of this Order.
Service of Notices
13.
Any notice to be given by any person under this Order may be given by an agent of that person and shall be sent by post or delivered to the Secretary of State at the Export Control Organisation, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.
Patricia Hewitt,
Secretary of State for Trade and Industry
10th February 2004
Guidance issued pursuant to section 9 of the Export Control Act 2002 on the operation of these controls, and a full regulatory impact assessment on the effect that this instrument will have on the costs of business, are available from http://www.dti.gov.uk/export.control/ or the ECO helpline - Telephone (020) 7215 8070, Fax (020) 7215 0558 or Email:[email protected].
