A person is not to be taken to commit an offence under the Export Control Order 2008 if the person would, in the absence of this regulation, commit an offence under both -

(a) article 34, 37 or 38 of that Order, and

(b) any provision of Part 5 (Trade) or regulation 37 (trade: licensing offences), 45(6) or 46(5) (information offences in connection with general trade licences).