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HMRC internal manual

Strategic Goods and Services: Assessment of risk and offence action

Offences: Initial Enquiries

 

 

If the goods hit a profile or you suspect that they may be subject to licensing and either

 

  • No licence has been presented or quoted on the entry; or
  • The licence presented or quoted does not appear to cover the goods;

Then

  • Detain the goods/ask for the goods to be detained
  • Notify the exporter of the reason why the goods have been stopped and issue the 8 questions below. These will get all the information you need to refer the goods to technical experts in the Export Control Joint Unit (DIT licencing authority). Ensure that you provide contact details. Notify the agent by placing a query on the CHIEF notice board.

PLEASE PROVIDE THE FOLLOWING INFORMATION USING THE NUMBERED FORMAT AS BELOW

  1. INVOICE PLUS ANY UK EXPORT LICENCE, GOODS RATING OR END-USER

ADVICE RULINGS.

  1. FULL TECHNICAL INFORMATION (EG. DATASHEETS, DRAWINGS, BROCHURES)

FOR EACH ITEM. NB. WEB LINKS WILL NOT BE ACCEPTED.

  1. FULL DETAILS OF THE PURPOSE EACH ITEM WAS ORIGINALLY DESIGNED

AND IF DESIGNED FOR MILITARY OR NUCLEAR USE OR TO USE CRYPTOGRAPHY.

  1. WHAT THE ITEM(S) WILL BE USED FOR (THE END-USE).

  2. WHO WILL BE USING THE ITEM(S) (ULTIMATE END-USER) PLUS POSTAL

ADDRESS.

  1. THE EXPORTERS COMPANIES HOUSE REGISTRATION NO. FOR LTD COMPANIES.

EMAIL AND PHONE DETAILS FOR OTHER BUSINESSES/NON-COMMERCIAL COMPANIES

  1. THE EXPORTERS POSTAL ADDRESS AND NAME OF THE PERSON RESPONSIBLE

FOR EXPORTS.

  1. COPIES OF COMMERCIAL TRANSPORT DOCUMENTATION.

THIS INFORMATION SHOULD BE EMAILED TO …………………………………………

 

PROCESSING OF THIS ENTRY IS WITHELD PENDING COMPLETION OF ALL CHECKS.

FAILURE TO PROVIDE THIS INFORMATION BY THE ADVISED DATE MAY RESULT IN

CIVIL PENALTY PROCEEDINGS AGAINST YOUR COMPANY. 

  • Contact the Export Control Joint Init for a ruling on whether the goods are licensable. SGSELSG (C35A) sets out the steps that you should go through to determine whether the goods, if licensable, will require a specific export licence.

Criminal Investigation (Customs Team B) holds considerable intelligence on goods and companies of concern and may be able to offer advice. You should not however seize goods on the basis of Investigation advice - you must always get a rating from BIS.

If you get a ruling that the goods are not licensable, keep a record of the details. The information kept should be full and in sufficient detail to assist you in clearance of future consignments of the same goods, with the same technical specifications to the same end user.

This action should help to speed up clearance and avoid repeated detention of the same goods, with the same technical specification to the same end user. Where you are considering clearing goods based on information held and without reference to BIS you must always contact the profile holder to apprise them and to ensure that there aren’t any additional reasons for withholding clearance.