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Export Trade Controls 3 July 2012

In the light of recent media reports concerning the alleged involvement of Isle of Man companies in the shipment of military equipment between third countries, the Customs and Excise Division wishes to remind businesses of controls which impose restrictions and prohibitions on the trade in certain goods between other countries (sometimes referred to as "trafficking and brokering").

Under the Export Control Order 2008, as it has effect in the Island, there are prohibitions on the supply of military equipment to certain embargoed destinations. In addition, the supply of some goods may only take place if a licence (a "trade control licence") is obtained from the Treasury (though the Treasury will also regard a licence issued by the UK as if issued by the Treasury).

These prohibitions and restrictions apply where any part of an involvement in the supply takes place in the Island. For some types of goods they can be extra-territorial - and apply to any Island person, Isle of Man company, LLC etc even if the involvement takes place wholly or partly outside the Island.

There exist Open General Trade Control Licences which would allow the involvement in shipments of specific types of goods to and from specific places. Registration with Customs and Excise for use of these is required. Other forms of individual licence are issued on a case-by-case basis.

Undertaking activity without the necessary licence can render an individual or company liable to severe penalties, including unlimited fines and imprisonment.

More details of the trade controls may be found in Notice 279 (MAN) on the Customs and Excise website.

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