Control of Exports Act 2023

Obligations of broker under Article 6

14. (1) A broker who contravenes Article 6.1 shall be guilty of an offence.

(2) (a) Where a broker is aware that a dual-use item specified in Annex I in relation to which he or she proposes to provide brokering services 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 provision of the brokering services, give notice to the competent authority.

(b) A broker who contravenes paragraph (a) shall be guilty of an offence.

(3) A broker who, having been informed by the competent authority that a dual-use item not specified in Annex I is or may be intended for use in a manner specified in paragraph (a), (b) or (c) of Article 4.1, provides brokering services in relation to the dual-use item shall be guilty of an offence.

(4) (a) Where a broker has grounds to suspect that a dual-use item, whether or not specified in Annex I, in relation to which he or she proposes to provide brokering services 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 he or she provides brokering services, give notice to the competent authority of his or her grounds to so suspect.

(b) A broker who contravenes paragraph (a) shall be guilty of an offence.