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NOTICE TO EXPORTERS 2008/12
Suspending or revoking a company’s ability to use an Open General Licence.
Most companies take export controls seriously and comply with the controls which are in place. Breach of export control legislation or licence conditions (whether the licence is a general or an individual one) can lead to criminal prosecution. The Secretary of State also has power to suspend or revoke licences. This power may be used in addition to criminal prosecution or as an alternative.
Guidance outlining some of the circumstances in which the Secretary of State may consider suspension or revocation of open general licences for individual exporters has been produced. This is available in the associated guidance note.
In many cases action will be taken as a result of a breach of the conditions of the licence or the applicable legislation being found at a compliance visit. Further details of Compliance visits and what happens at them can be found at Compliance Visits Explained. There may also be instances where it would be appropriate to take speedier action.
Breaches found at compliance visits will result in a letter being sent to the company, outlining the steps they need to take to ensure compliance and stipulating a date by which this is to be completed. The letter will also warn that continued non-compliance may result in the suspension or revocation of the company’s ability to use the licence.
If at a revisit, the company does not show compliance to the satisfaction of the ECO, use of the licence or licences may be suspended for a period of time. The company will still be able to apply for Standard Individual Licences, but will obviously need to supply valid end-user undertakings or Government purchase order with each application.
The new warning procedures will apply as from 19 May 2008. Any warning letter which was issued before that date will not count as the first step of the new warning procedures. If a company has received a warning letter before 19 May and they are found to be non-compliant at the next compliance visit, a new warning letter will be issued, but the period they are given to rectify any errors may be shorter. Suspension or revocation may be specific to the OGLs where failures in compliance occur, the suspension or revocation of one OGL may not necessarily lead to the suspension or revocation of all the OGLs the company uses.
ECO will be amending OGLs in due course to ensure that these procedures are brought to exporters’ attention. Remember that registering for open general licences can only be done on SPIRE.
If you have any queries about this Notice, please email: eco.help@berr.gov.uk so a considered reply can be given.
16 May 2008
Export Control Organisation
NTE200812
