Control of Exports Act 2023

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Compliance notice

61. (1) Where it appears to an authorised officer that it is necessary to do so in order to prevent or limit failure to comply with this Act, the authorised officer may give a notice (in this Part referred to as a “compliance notice”) to a person who the authorised officer suspects has contravened or is contravening a provision of this Act.

(2) A compliance notice shall—

(a) state, subject to subsection (9), the grounds for the authorised officer’s being satisfied that there has been or is a contravention referred to in subsection (1),

(b) require the recipient to take such measures to cease the contravention as are specified in the notice,

(c) state that the measures referred to in paragraph (b) are required to be taken by the specified date, and

(d) advise the recipient of his or her right, under section 62 , to appeal against or apply to suspend the operation of the compliance notice.

(3) A compliance notice—

(a) may be given whether or not there has been a prosecution for an offence under this Act in relation to the relevant activity concerned, and

(b) shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the matter the subject of the compliance notice.

(4) At any time where he or she considers it appropriate or necessary having regard to his or her functions under this Act, an authorised officer may give a compliance notice amending a compliance notice (including a compliance notice amended under this subsection).

(5) A compliance notice shall remain in force—

(a) unless it is discharged on appeal or varied,

(b) until the authorised officer revokes it, or

(c) until the authorised officer gives notice to the recipient stating that the compliance notice has been complied with.

(6) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence.

(7) A person who continues to fail to comply with a compliance notice after the specified date shall be guilty of an offence.

(8) Where a person does not comply with a compliance notice by the specified date the authorised officer may take any measures he or she considers necessary to mitigate or remedy any risks to security or public order arising from the matter the subject of the compliance notice and the authorised officer may recover the cost of such measures from the person to whom the compliance notice is given as a simple contract debt in a court of competent jurisdiction.

(9) Where the authorised officer believes that providing grounds under subsection (2)(a) would create a risk to the security or public order of the State, he or she—

(a) may decide not to provide those grounds to the recipient of the compliance notice, and

(b) shall include in the compliance notice a statement to the effect that he or she is declining to give grounds under this subsection.

(10) In considering whether or not providing grounds under subsection (2)(a) would create a risk to the security or public order of the State, the authorised officer shall—

(a) for a dual-use item, take account of all relevant considerations, including the matters set out in paragraphs (a) to (d) of Article 15, and

(b) for a military item, take account of the criteria set out in Article 2 of Council Common Position 2008/944/CFSP.