(1) The financial promotion restriction does not apply to any non-real time communication which is communicated by an overseas communicator from outside the United Kingdom to a previously overseas customer of his.
(2) In this article a "previously overseas customer" means a person with whom the overseas communicator has done business within the period of twelve months ending with the day on which the communication was received ("the earlier business") and where -
(a) at the time that the earlier business was done, the customer was neither resident in the United Kingdom nor had a place of business there; or
(b) at the time the earlier business was done, the overseas communicator had on a former occasion done business with the customer, being business of the same description as the business to which the communication relates, and on that former occasion the customer was neither resident in the United Kingdom nor had a place of business there.
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