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Statutory Instruments

2008 No. 3231

Customs

The Export Control Order 2008

Made

15th December 2008

Laid before Parliament

17th December 2008

Coming into force

6th April 2009

Contents

Go to Preamble

  1. PART 1

    INTRODUCTORY

    1. 1. Citation and commencement

    2. 2. Interpretation

  2. PART 2

    EXPORT AND TRANSFER CONTROLS

    1. 3. Military goods, etc.

    2. 4. Movement of UK controlled dual-use goods, etc. to certain destinations

    3. 5. Movement of UK controlled dual-use goods, etc. within the customs territory

    4. 6. WMD purposes end-use control supplementing the dual-use Regulation

    5. 7. Control on transfers within the customs territory supplementing the dual-use Regulation

    6. 8. Transit controls supplementing the dual-use Regulation

    7. 9. Provisions supplementing the torture Regulation

    8. 10. Transfers within the United Kingdom for WMD purposes

    9. 11. Transfers from outside the customs territory for WMD purposes

    10. 12. Transfers by non-electronic means from the United Kingdom for WMD purposes

    11. 13. Exceptions for aircraft

    12. 14. Exceptions for vessels

    13. 15. Exception for firearms – European firearms pass

    14. 16. Exception for firearms – firearm or shot gun certificate or permit

    15. 17. Transit or transhipment exception

    16. 18. Software and technology exceptions

  3. PART 3

    TECHNICAL ASSISTANCE CONTROLS

    1. 19. End-use control on technical assistance

  4. PART 4

    TRADE CONTROLS

    1. 20. Embargoed destinations

    2. 21. Category A goods

    3. 22. Category B goods

    4. 23. Category C goods

    5. 24. Exception for movement of goods within the customs territory

    6. 25. Exception for activities carried out in the Isle of Man

  5. PART 5

    LICENCES, ETC.

    1. 26. Licences

    2. 27. Person authorised by UK licence to export goods

    3. 28. Registration with the Secretary of State

    4. 29. Record keeping – general

    5. 30. Registration and record keeping – information security items

    6. 31. Inspection of records

    7. 32. Amendment, suspension and revocation of licences

    8. 33. Licence refusals, etc. and appeals

  6. PART 6

    OFFENCES, ENFORCEMENT AND PENALTIES

    1. 34. Offences relating to prohibitions in Parts 2, 3 and 4

    2. 35. Offences relating to prohibitions and restrictions in the dual-use Regulation

    3. 36. Offences relating to prohibitions and restrictions in the torture Regulation

    4. 37. Misleading applications for licences

    5. 38. Failure to comply with licence conditions

    6. 39. Customs powers to require evidence of destination

    7. 40. Customs powers relating to dual-use goods

    8. 41. Application of CEMA in respect of offences

    9. 42. Increase of maximum penalty for prohibited exportation provided for in CEMA

  7. PART 7

    GENERAL

    1. 43. Use and disclosure of information

    2. 44. Service of notices

    3. 45. Revocations and transitional arrangements

    1. SCHEDULE 1

      GOODS SUBJECT TO STRICTER EXPORT AND TRADE CONTROLS

      1. PART 1

        CATEGORY A GOODS

      2. PART 2

        CATEGORY B GOODS

    2. SCHEDULE 2

      MILITARY GOODS, SOFTWARE AND TECHNOLOGY

      1. PART 1

        MILITARY, SECURITY AND PARA-MILITARY GOODS, SOFTWARE AND TECHNOLOGY AND ARMS, AMMUNITION AND RELATED MATERIEL

      2. PART 2

        EXPLOSIVE-RELATED GOODS AND TECHNOLOGY

    3. SCHEDULE 3

      UK CONTROLLED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY

    4. SCHEDULE 4

      COUNTRIES AND DESTINATIONS SUBJECT TO STRICTER EXPORT OR TRADE CONTROLS

      1. PART 1

        EMBARGOED AND NO EXCEPTION FOR TRANSIT

      2. PART 2

        EMBARGOED AND SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS

      3. PART 3

        SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS

      4. PART 4

        SUBJECT TO TRANSIT CONTROL FOR CATEGORY B GOODS

    5. SCHEDULE 5

      INFORMATION SECURITY ITEMS

    6. SCHEDULE 6

      REVOCATIONS

Go to Explanatory Note

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to—

(a) measures relating to trade in dual-use items, including the transmission of software or technology in intangible form(2); and

(b) matters relating to trade in certain goods, including technical assistance, which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment(3).

It appears to the Secretary of State that it is expedient for the references in this Order to Council Regulation (EC) No 1334/2000(4), Council Regulation (EC) No 1236/2005(5), Article 3 of Council Regulation (EEC) No 2913/92(6) and Article 3 of Council Regulation (EC) No 450/2008(7) to be construed as references to those instruments and provisions as amended from time to time.

To the extent that this Order regulates any of the activities listed in section 8(1) of the Export Control Act 2002(8), the Secretary of State, having considered the reasons for the relevant controls and the need to respect the freedom to carry on the relevant activities, has determined that such regulation is necessary in the circumstances prevailing at the time of this Order.

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(9), by paragraph 1A of Schedule 2 to that Act(10) and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 2002(11), makes the following Order:

(1)

1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1). Back [1]

(2)

S.I. 2000/1813. Back [2]

(3)

S.I. 2006/1461. Back [3]

(4)

OJ No L 159, 30.6.2000, p1; relevant amending instruments are Council Regulation (EC) No 2432/2001 (OJ No L 338, 20.12.2001, p1) and Council Regulation (EC) No 1167/2008 (OJ No L 325, 3.12.2008, p1). Back [4]

(5)

OJ No L 200, 30.7.2005, p1, to which there are amendments not relevant to this Order. Back [5]

(6)

OJ No L 302, 19.10.1992, p1; relevant amending instruments are the Act of Accession of Austria, Sweden and Finland (OJ No C 241, 29.8.1994, p21) adapted by Council Decision 95/1/EC, Euratom, ECSC (OJ No L 1, 1.1.2005, p1), Regulation (EC) No 82/97 of the European Parliament and of the Council (OJ No L 17, 21.1.1997, p1), the Act concerning the conditions of accession of the Czech Republic and others and Council Regulation (EC) No 1791/2006 (OJ No L 363, 20.12.2006, p1). Back [6]

(7)

OJ No L 145, 4.6.2008, p1. Back [7]

(10)

Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28. Back [10]

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