Control of Exports Act 2023

Obligations of exporter under Article 3, 4 or 5

10. (1) An exporter who contravenes Article 3.1 shall be guilty of an offence.

(2) An exporter who contravenes Article 4.1 shall be guilty of an offence.

(3) (a) Where an exporter is aware that a dual-use item not specified in Annex I that he or she proposes to export is intended for use in a manner specified in paragraph (a), (b) or (c) of Article 4.1, he or she shall, at least 60 days before the export, as required by Article 4.2, give notice to the competent authority.

(b) An exporter who contravenes paragraph (a) shall be guilty of an offence.

(4) (a) Where an exporter has grounds to suspect that a dual-use item not specified in Annex I that he or she proposes to export is or may be intended for use in a manner specified in paragraph (a), (b) or (c) of Article 4.1, he or she shall, at least 60 days before the export, give notice to the competent authority of his or her grounds to so suspect.

(b) An exporter who contravenes paragraph (a) shall be guilty of an offence.

(5) An exporter who contravenes Article 5.1 shall be guilty of an offence.

(6) (a) Where an exporter is aware, following the carrying out of due diligence, that a cyber-surveillance item not specified in Annex I that he or she proposes to export is intended for use in a manner specified in Article 5.1, he or she shall, at least 60 days before the export, as required by Article 5.2, give notice to the competent authority.

(b) An exporter who contravenes paragraph (a) shall be guilty of an offence.

(7) (a) Where an exporter has grounds to suspect that a cyber-surveillance item not specified in Annex I that he or she proposes to export is or may be intended for use in a manner specified in Article 5.1, he or she shall, at least 60 days before he or she exports the cyber-surveillance item, give notice to the competent authority of his or her grounds to so suspect.

(b) An exporter who contravenes paragraph (a) shall be guilty of an offence.