What free movement of goods disputes might a business face?

However, the EU and the UN (United Nations) sometimes place trade restrictions on a country as a punishment for something that country has done. A good example is human rights violations. Trade embargoes or sanctions from the UN are passed by the Security Council, with the EU using these methods of restricting the free movement of goods to enforce its Common Foreign and Security Policy.

The goods that are restricted can be wide ranging depending on the sanctions that the UN or EU wants to impose on the country concerned. In addition, specific types of goods, such as firearms and other weapons, are usually restricted from being exported to countries that are in unstable regions of the world. The Organisation for Security and Co-operation in Europe has the power to impose firearm embargoes. Your international trade solicitor can inform you if the goods you want to export are currently under an embargo.

Import and export licensing can also affect the free movement of goods, as some goods are controlled. The Import Licensing Branch of BIS (Department for Business Innovation and Skills) issues licenses for these controlled goods. Your business must ensure it has all the appropriate licenses in place before it attempts to import any controlled goods into the UK. Any missing licenses will mean your consignments will not clear customs. An international trade lawyer can advise you on the licenses you need and assist with the applications.

It is also vital that your business checks that the goods it is exporting are not embargoed or otherwise controlled in the destination country. An international trade solicitor can help you if there is any doubt about the free movement of your goods. You should also be fully aware of the provisions of the Export Control Act 2002. Movement of goods disputes can arise if a country argues against any embargoes or sanctions it has against it. Always take the legal advice of an international trade solicitor if you are in any doubt about the legitimacy of your consignments.

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