40 STRATEGIC GOODS
Strategic Goods Decision and the role of the handling agent
Forwarding, or allowing the forwarding of, goods listed on the EU Common Military List without a licence has, in recent years, led to several convictions on the part of the forwarder, airline and handling agent.
O
ne could say that it is self-evident that, if a party is active in the transport chain, that party must be aware that any specific formalities have been completed by the time this party
Cargo Magazine
takes active part in their section of the transport process, but this is not always the case. Nonetheless, if a party is indeed involved in the transport process
and identifies that a required licence is not available then this is seen as being a criminal offence with fines of up to Euro 80,000 not being exceptional. Whether there was deliberate intent is deemed irrelevant when to comes to a conviction.
Knowledge and intent In several cases, the public prosecutor argued that intentionality was involved as the handling agent was
