SCHEDULE 1 continued
| PL8001 | Explosive-related “goods” and “technology” as follows: a.
Equipment and devices, other than those in Part I of this Schedule or in 1A005, 3A229 or 3A232 in Annex I to “the Regulation”, for detection of or “use” with “explosives” or for dealing with or protecting against “improvised explosive devices”, as follows, and specially designed components therefor: 1.
Electronic equipment designed to detect “explosives” or “explosive signatures”; Note: PL8001.a.1. does not control equipment requiring operator judgment to establish the presence of “explosives” or “explosive signatures”. 2.
Electronic jamming equipment specially designed to prevent the detonation by radio remote control of “improvised explosive devices”; 3.
Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, (eg, firing sets, detonators and igniters); Note: PL8001.a.3. does not control: a.
Equipment and devices specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the initiation or creation of explosions; b.
Pressure controlled equipment specially designed for down-hole oilfield equipment applications and which are incapable of use at atmospheric pressure; and c.
Detonating cord. 4.
Equipment and devices, including, but not limited to: shields and helmets, specially designed for the disposal of “improvised explosive devices”; Note: PL8001.a.4. does not control bomb blankets, mechanical handling equipment for manoeuvring or exposing “improvised explosive devices”, containers designed for holding “improvised explosive devices” or objects suspected of being such devices or other equipment specially designed to temporarily protect against “improvised explosive devices” or objects suspected of being such devices. b.
Linear cutting explosive charges; c.
“Technology” “required” for the “use” of “goods” in this Part of this Schedule.” |
Article 2
1. In entry PL9005.b., before “in PL9005.a.” insert “specified”.
2. For entry PL9008.a., substitute—
“a. “Vessels”, inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Part I of Schedule 1 to this Order or Annex I to “the Regulation”:
1. Marine “vessels” (surface or underwater), inflatable craft and ‘submersible vehicles’;
2. Equipment and components, designed for “vessels”, inflatable craft and ‘submersible vehicles’ as follows:
a. Hull and keel structures and components;
b. Propulsive engines designed or modified for marine use and specially designed components therefor;
c. Marine radar, sonar and speed log equipment, and specially designed components therefor;.
3. In entry PL9008.b., before “in PL9008.a.” insert “specified”.
4. In entry PL9008.c., before “in PL9008.a.” insert “specified”.
5. In entry PL9008, at the end insert—
‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles.”.
6. In entry PL9009.a.—
(a) after ““Aircraft”” where it first appears insert “, “lighter-than-air vehicles” and steerable parachutes,”, and
(b) for “in ML10 of” substitute “specified in”.
7. In entry PL9009.c., before “in PL9009.a.” insert “specified”.
(This note is not part of the Order)
This Order amends the lists in the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”) that determine what goods and technology are subject to export controls. The content of these lists derives partly from an international regime known as the Wassenaar Arrangement. The Wassenaar Arrangement control lists were amended in December 2007 and the new Schedule 1 to the 2003 Order reflects those changes (principally an amendment of entry ML4.b., a new entry ML4.c. and the rewriting of entry ML21).
In addition, submersible vehicles are brought within our national controls on exports of dual-use items to Iran and there are other drafting changes.
Article 2(1) corrects an omission from the Export Control (Security and Para-military Goods) Order 2008(6). That Order brought so-called “sting sticks” and similar para-military police equipment within the scope of UK export and trade controls. Logically, like goods with similar uses, they should also have been made subject to transit licensing requirements. Article 2(1) has the effect that the general exemption in article 11 of the 2003 Order for goods in transit no longer applies to these newly controlled goods.
Article 2(4) of the Order updates the 2003 Order so that it refers to the most recent amendments to Council Regulation (EC) No 1334/2000(7) (often called the “dual-use Regulation”).
Article 2(5) puts beyond doubt that references in the legislation on trade controls (that is, controls that affect the movement of goods between States other than the UK) to Schedule 1 to the 2003 Order are to the amended Schedule 1. This makes sure that any new military items made subject to export controls are also made subject to trade controls.
A full regulatory impact assessment has not been produced for this instrument as minimal or no impact on the private or voluntary sectors is foreseen.