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Requirement to keep records
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31. (1) A holder of an authorisation who—
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(a) exports a relevant item,
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(b) provides brokering services in respect of a relevant item,
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(c) provides technical assistance in respect of a dual-use item,
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(d) transits a relevant item, or
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(e) transfers a dual-use item from the State to another Member State,
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under the authorisation shall make and keep a detailed record identifying each item exported, transmitted or transferred, or each brokering service or technical assistance provided, as the case may be, under the authorisation.
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(2) Where subsection (1)(a) applies, the record referred to in subsection (1) shall include, in particular, commercial documents such as invoices, manifests and transport and other dispatch documents containing sufficient information to allow the following to be identified:
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(a) a description of the exported item;
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(b) the quantity of the exported item;
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(c) the name and address of the exporter and of the consignee;
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(d) where known, the end-use and end-user of the item.
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(3) Where paragraph (b) or (c) of subsection (1) applies, the record referred to in subsection (1) shall contain sufficient information to allow the following to be identified:
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(a) a description of the item;
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(b) the period during which the item was the subject of brokering services or technical assistance;
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(c) the destination of the item and services or assistance;
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(d) the countries concerned by the services or assistance.
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(4) A record referred to in subsection (1) shall be kept for a period of not less than 5 years from the end of the calendar year in which the relevant activity referred to in paragraph (a), (b), (c), (d) or (e) was carried out (in this section referred to as the “retention period”).
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(5) The holder of the authorisation shall make the record and documents contained therein available for inspection by or on behalf of the Minister at any time during the retention period.
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(6) The holder of the authorisation shall after the retention period make arrangements, other than where the Minister otherwise directs or where legal proceedings are in being relating to the authorisation concerned, for those records to be destroyed or deleted.
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(7) A person who fails to comply with subsection (1), (2), (3), (4), (5) or (6) shall be guilty of an offence.
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