Control of Exports Act 2008


6.— (1) The Minister may, at his or her discretion, grant or refuse to grant a licence for the purpose of section 3 , 4 or 5 on such terms and conditions as may be specified in the licence.

(2) An application for a licence shall be in such form and contain such information as the Minister may specify.

(3) A licence shall remain in force for a specified period or, if earlier, until duly revoked.

(4) A licence issued under section 3 of the Control of Exports Act 1983 shall be deemed to be a licence duly granted under subsection (1) and shall remain in force for the period specified in the licence, or, if earlier, until duly revoked.

(5) Where the Minister refuses to grant a licence to a person—

(a) the person shall be notified of such refusal and the reasons for such refusal, and

(b) the person may appeal the refusal in accordance with regulations under subsection (6).

(6) The Minister may make regulations for the purposes of this section.

(7) Without prejudice to the generality of subsection (6), regulations under this section may provide for all or any of the following:

(a) the form and manner in which an application for a licence may be made (including provision for on-line applications);

(b) the form and manner in which a licence may be renewed (including provision for on-line applications for renewal);

(c) requirements for applicants to furnish such additional information or particulars relating to the application as may be specified;

(d) the period in which an application shall be dealt with;

(e) the manner in which an applicant may be notified of the decision on the application;

(f) the duration of a licence;

(g) the circumstances in which a licence may be revoked;

(h) a right of appeal against—

(i) a refusal of an application for a licence,

(ii) a refusal of an application to renew a licence, and

(iii) the revocation of a licence;

(i) the procedures for hearing and determining appeals (including time limits for lodging and hearing appeals);

(j) the fees (if any) to be paid for applying for a licence or the renewal of a licence or the making of an appeal under this Act and the time and manner in which such fees shall be paid;

(k) the keeping of records relating to applications;

(l) the implementation by licence holders of appropriate internal compliance procedures;

(m) the making of returns by licence holders.

(8) A person shall not, in relation to an application for a licence (including an application to renew a licence) or in relation to an appeal arising from such application, make a statement in writing which to his or her knowledge is false or misleading in a material respect.