(1) The prohibitions in Part 4 (Trade) do not apply to anything done under the authority of a licence issued by the Secretary of State under this regulation.

(2) A licence must specify the acts authorised by it.

(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.

(4) A licence may—

(a) contain conditions;

(b) be of indefinite duration or a defined duration.

(5) A person who issues a licence may vary, revoke or suspend it at any time.

(6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.

(7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

Finance: licensing offences

Trade: licensing offences

30A

(1) A person (“P”) commits an offence is P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a trade licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a trade licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

General trade licences: records

36A

(1) This regulation applies in relation a person (“P”) who does any act authorised by a general licence issued under regulation 29A (trade licences) (“the licence”).

(2) P must keep a register or record containing such details as may be necessary to allow the following information to be identified in relation to each act done under the authority of the licence—

(a) a description of the act;

(b) a description of any goods, technology, services or funds to which the act relates;

(d) the quantity of any goods or funds to which the act relates;

(e) P’s name and address;

(f) the name and address of any consignee of goods to which the act relates or any recipient of technology, services or funds to which the act relates;

(g) in so far as it is known to P, the name and address of the end-user of the goods, technology, services or funds to which the act relates;

(h) if different from P, the name and address of the supplier of any goods to which the act relates;

(i) any further information required by the licence.

(3) The register or record relating to an act must be kept until the end of the calendar year in which the register or record is created and for a further period of 4 years from the end of that calendar year.

(4) P must notify the Secretary of State in writing of P’s name and address at which the register or record may be inspected, and must make a further such notification if those details change.

(5) A notification under paragraph (4) must be given no later than 30 days after—

(a) P first does any act authorised by the licence, or

(b) there is any change to the details previously notified.

(6) A person who fails to comply with a requirement in paragraph (2), (3) or (4) commits an offence.

General trade licences: inspection of records

36B

(1) A person authorised by the Secretary of State or the Commissioners (an “official”) may at any reasonable hour enter premises notified under regulation 36A(4) for the purposes of monitoring compliance with, or detecting evasion of, regulation 36A(2) or (3).

(2) An official may require any person on the premises to produce any register or record required to be kept under regulation 36A, or any document included in such a register or record, that is in the person’s possession or control.

(3) An official may inspect and copy any such register, record or document.

(4) An official must, if requested to do so, produce documentary evidence that he or she is authorised to exercise a power conferred by this regulation.

(5) A person commits an offence if, without reasonable excuse, the person—

(a) intentionally obstructs an official in the performance of any of the official’s functions under this regulation, or

(b) fails to produce a register, record or document when reasonably required to do so by an official under this regulation.

Disclosure of information

Finance: disclosure to the Treasury

Part 6: supplementary

SCHEDULE 1A — Definition of small arms, light weapons and ammunition

Definitions

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Small arms and light weapons within ML1 and ML2

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accessories and ammunition for small arms and light weapons within ML1 and ML2

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-military firearms

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Light weapons within ML4

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ammunition for light weapons within ML4

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance: exceptions relating to payment of Treasury debt

25A

(1) The prohibitions in regulations 8 to 10 (asset-freeze in relation to, and making funds available to, or for the benefit of, designated persons) are not contravened by any act done by a person to transfer funds to—

(a) a designated person (“D”) in order to satisfy an obligation owed by the Treasury to D in respect of Treasury debt where the conditions in paragraph (2) are met; or

(b) a person (“B”) in respect of Treasury debt where the effect of the transfer is to make funds available to or for the benefit of D and the conditions in paragraph (3) are met.

(2) The person (“P”) making the transfer of funds to D knows or has reasonable cause to suspect that the obligation referred to in paragraph (1) arose before the date on which D was designated and P takes reasonable steps to satisfy itself that the funds to be transferred to D are credited to a specified account.

(3) The person (“P”) making the transfer of funds to B knows or has reasonable cause to suspect that the effect of such a transfer will be to enable the satisfaction of an obligation of any person to D in respect of Treasury debt and P takes reasonable steps to satisfy itself that such obligation arose before the date on which D was designated and the funds to be transferred to D are ultimately credited to a specified account.

(4) The prohibitions in regulations 8 to 10 are not contravened by any act done by a person (where that person is not P in paragraph (2) or (3)) to enable a transfer of funds to any person in respect of Treasury debt—

(a) in order to satisfy an obligation owed by the Treasury to D, or

(b) where the effect of the transfer will be to enable the satisfaction of an obligation of any person to D in respect of Treasury debt.

(5) For the purposes of this regulation, references to a designated person, in so far as they relate to a designated person within the meaning of regulation 6, are to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.

(6) In this regulation—

“corresponding non-UK country” means a non-UK country whose laws contain relevant—prohibitions and exceptions corresponding to regulations 8 to 10 and regulation 25 (finance: exceptions from prohibitions); andgrounds for licences to be issued that correspond to the purposes in Schedule 2 (Treasury licences: purposes);

“designated person” has the same meaning as it has in Part 3 (Finance);

“frozen account” has the meaning given in regulation 25(7);

“non-UK country” means a country that is not the United Kingdom;

“non-UK relevant institution” means—a person, other than an individual, which would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 if it had its registered office (or if it does not have one, its head office) in the United Kingdom, oran undertaking which by way of business—operates a currency exchange office,transmits money (or any representation of monetary value) by any means, orcashes cheques that are made payable to customers;

“recognised CSD” has the meaning given in section 285(1)(e) of the Financial Services and Markets Act 2000;

“relevant money market instrument” means an instrument of a kind normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers, excluding instruments of payment;

“relevant transferable security” means a security, negotiable on the capital market, of any of the following kinds, but excluding instruments of payment—shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares;bonds or other forms of securitised debt, including depositary receipts in respect of such securities;any other securities giving the right to purchase or sell any security of a kind mentioned in paragraph (a) or (b);

“specified account” means—a frozen account of a person;an account held by or for the benefit of a person with a recognised CSD;an account held by or for the benefit of a person with a non-UK relevant institution in a corresponding non-UK country; oran account held by or for the benefit of a person with a third country CSD in a corresponding non-UK country—where the person referred to in (a) to (d) above is also D in paragraph (2) or (3);

“third country CSD” has the meaning given in section 285(1)(g) of the Financial Services and Markets Act 2000;

“Treasury debt” means any relevant transferable security, relevant money market instrument, loan or credit entered into or issued by, or on behalf of the Treasury in respect of funds borrowed by or on behalf of the Treasury.

Finance: humanitarian exception

Exception for authorised conduct in a relevant country

Exception for acts done for purposes of national security or prevention of serious crime

Treasury licences

Trade licences

Finance: licensing offences

Trade: licensing offences

Military goods and military technology available

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.