Export Controls and Sanctions

Given the current number of global conflicts and governments with poor human rights records, the British Government has increasingly taken upon itself to regulate the export and trade in military equipment and “dual use” goods (being civilian goods which could have a military purpose).

This increased regulation has bought with it legislation and greater scrutiny of exporters and brokers along with enforcement action. This enforcement action can result in prison sentences, severe fines and confiscation of any income deemed to be the proceeds of crime.

We have considerable experience of HM Revenue and Customs investigations and prosecutions into breaches of export control legislation; the effect of which can be damaging to both individuals and businesses. We will provide quality assistance to you, protecting your rights and interests, and striving to get the best possible result.

Compliance

As well as advising defendants at the investigation stage, we can also provide advice to ensure that your business is compliant with the relevant legislation. This is particularly important if your business is involved in the export of goods which may have the potential to be “dual-use”.

Sanctions

There are a few countries which have enhanced restrictions by way of sanctions. These sanctions include freezing the assets of key individuals and their families, arms embargos and restricting nuclear proliferation and weapons of mass destruction. The legislation is deliberately drawn widely and prohibits financial institutions and individuals from dealing in any way with the funds or assets of a person subject to sanctions. Sanctions may also be applied to direct and indirect investment by companies as well as the provision of goods and technologies.

We can advise you on ensuring that your business does not breach UN, EU or UK sanctions as well as being available to advise you in the event of a criminal investigation or prosecution. For individuals who have been made the subject of sanctions or restrictive measures we can provide assistance in making an application to have these restrictions removed or in obtaining authorisation from HM Treasury to use frozen funds.

For more information please contact: Adam Chapman

Useful articles

• Small exporters urged to check licenses, The Telegraph online, 1 March 2011           
• Arms Export Controls, The Daily Telegraph, August 2010