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 [Articles 37 and 38 have been amended by the Export Control (Amendment) (No.2) Order 2012 (S.I. 2012/910), Schedule 1, para 11 and article 38 has also been amended by the Export Control (Amendment) Order 2017 (S.I. 2017/85), article 2(7).], and

(b) any provision of Part 2 (Trade) or regulation 18 (licensing offences), 20(6) or 21(5) (information offences in connection with general trade licences).