export-controls 01 June 2023

UK company pays nearly £1 million to settle unlicensed dual-use export allegations

In May of this year, a UK company paid a fine of £920,437.20 for unlicensed exports of dual-use or military goods, by far the highest compound settlement of its kind so far this year.

‘Between January and May 2023, HM Revenue and Customs (HMRC) issued compound settlement offers to 4 UK exporters totalling over £1.1 million,’ the UK Department for Business & Trade said, 26 May.

‘These related to unlicensed exports of dual-use goods, military goods and related activity controlled by The Export Control Order 2008 and Retained Regulation 428/2009. Offences are contrary to section 68 Customs and Excise Management Act 1979.’

The four settlements were:

  1. In May 2023, £920,437.20 was paid relating to the unlicensed exports of dual-use goods controlled by Retained Regulation 428/2009, as amended.
  2. In April 2023, £217,012.50 was paid relating to the unlicensed exports of dual-use goods controlled by the same regulation.
  3. In March 2023, £2,912.16 was paid relating to the unlicensed exports of military goods controlled by The Export Control Order 2008.
  4. In January 2023, £4,100 was paid relating to the unlicensed exports of military goods controlled by the same regulation.

Following the custom of UK authorities in such cases, the notice did not name the companies involved in the settlements. HMRC has the power to offer a compound penalty in lieu of a file being prepared and sent for prosecution.

https://www.gov.uk/government/publications/notice-to-exporters-202309-compound-penalties-issued/nte-202309-compound-penalties-issued