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HMRC internal manual

Strategic Goods and Services: Assessment of risk and offence action

Foreward: Law and Regulations

Customs and Excise Management Act

The main legislation enabling HMRC and UKBA to enforce controls on goods subject to export prohibitions and restrictions is Section 68 of CEMA which provides that if goods are exported, shipped as stores or brought to any place in the UK for the purpose of being exported or shipped as stores and the exportation is or would be contrary to any prohibition or restriction for the time being in force, the goods shall be liable to forfeiture (so can be seized under CEMA s139) and the exporter or agent shall be guilty of an offence. Section 68(2) of CEMA provides the power of arrest for export offences of any person knowingly concerned in the exportation.

An offence will have been committed if the goods have been brought to a place of export (or for export, transit or transhipment) and either there is no valid licence for the goods or there is a valid licence and one of the conditions of the licence has not been complied with.

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Export Licensing Legislation

See SGSELSG1030

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Trafficking and Brokering Legislation

See SGSELSPC4070