SGSAROA6020 - Offences: Licence held but incorrectly declared - Action by NCH staff

The Law: Civil Penalties

The Export (Penalty) Regulations 2003 make provision for civil penalties for contraventions of customs rules that are not directly related to a relevant tax or duty. These Regulations have been made under powers conferred by the European Communities Act 1972. They also include a schedule of contraventions that may be penalised, the person who may be penalised and the maximum penalty that may be imposed.

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The Law and Prohibitions and Restrictions

Prohibitions and restrictions (such as licensing requirements) contraventions will continue to be dealt with under existing criminal provisions, including seizure however in cases where a licence is held and not declared or misdeclared and the goods have been exported please take action outlined below:-

Action

The following action for failure to correctly declare licences/permits/etc has been agreed for all Prohibitions and Restrictions in relation to Civil Penalties

  • Where the licence/permit etc has not been declared but the importer/exporter holds a licence. The NCH should send a warning letter for breach of Article 62 of the Customs Code advising that any future failure to declare the licence/permit will result in a civil penalty
  • Where an incorrect licence has been declared but the correct licence is held. The NCH should send a warning letter for breach of Article 62 of the Customs Code advising that any future failures to declare the correct licence/permit will result in a civil penalty.

In the case of repeated incorrect declarations staff should contact Customs Enforcement Policy Team for guidance on charging a Civil Penalty.