Export Control Act 2002

Export controls

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• (1) The Secretary of State may by order make provision for or in connection with the imposition of export controls in relation to goods of any description.

• (2) For this purpose “export controls”, in relation to any goods, means the prohibition or regulation of their exportation from the United Kingdom or their shipment as stores.

• (3) Goods may be described in the order wholly or partly by reference to the uses to which the goods, or any information recorded on or derived from them, may be put.

• (4) The power to impose export controls is subject to section 5.

• (5) The Secretary of State may by order make provision in connection with any controls that may be imposed by a directly applicable EU provision on the exportation of goods.

• (6) For the avoidance of doubt, export controls may be imposed in relation to the removal from the United Kingdom of vehicles, vessels and aircraft (as an exportation of goods), whether or not they are moving under their own power or carrying goods or passengers.

Transfer Controls

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• (1) The Secretary of State may by order make provision for or in connection with the imposition of transfer controls in relation to technology of any description.

• (2) For this purpose “transfer controls”, in relation to any technology, means the prohibition or regulation of its transfer—

• (a) by a person or from a place within the United Kingdom to a person or place outside the United Kingdom;

• (b) by a person or from a place outside the United Kingdom to a person who, or a place which, is also outside the United Kingdom (but only where the transfer is by, or within the control of, a United Kingdom person);

• (c) by a person or from a place within the United Kingdom to a person who, or a place which, is also within the United Kingdom (but only where there is reason to believe that the technology may be used outside the United Kingdom); or

• (d) by a person or from a place outside the United Kingdom to a person or place within the United Kingdom (but only where the transfer is by, or within the control of, a United Kingdom person and there is reason to believe that the technology may be used outside the United Kingdom).

• (3) Technology may be described in the order wholly or partly by reference to the uses to which it may be put.

• (4) The power to impose transfer controls is subject to section 5.

• (5) The Secretary of State may by order make provision in connection with any controls that may be imposed by a directly applicable EU provision on the transfer of technology.

• (6) In this Act—

• “transfer”, in relation to any technology, means a transfer by any means (or combination of means), including oral communication and the transfer of goods on which the technology is recorded or from which it can be derived, other than the exportation of such goods; and

• “technology” means information (including information comprised in software) that is capable of use in connection with—the development, production or use of any goods or software;the development of, or the carrying out of, an industrial or commercial activity or an activity of any other kind whatsoever.

Technical assistance controls

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• (1) The Secretary of State may by order make provision for or in connection with the imposition of technical assistance controls in relation to technical assistance of any description.

• (2) For this purpose—

• “technical assistance controls”, in relation to any technical assistance, means the prohibition or regulation of participation in the provision outside the United Kingdom of that technical assistance; and

• “technical assistance” means services which are provided or used, or which are capable of being used, in connection with the development, production or use of any goods or technology.

• (3) Technical assistance may be described in the order wholly or partly by reference to the uses to which it (or the goods or technology in question) may be put.

• (4) The power to impose technical assistance controls—

• (a) shall only be exercised for the purpose of imposing controls corresponding to or connected with—

• (i) any export controls or transfer controls imposed under section 1 or 2; or

• (ii) any controls imposed by a directly applicable EU provision on the exportation of goods or the transfer of technology; and

• (b) is subject to section 5.

• (5) For the purposes of subsection (1) a person participates in the provision of technical assistance outside the United Kingdom if—

• (a) he provides technical assistance outside the United Kingdom or agrees to do so; or

• (b) he makes arrangements under which another person provides technical assistance outside the United Kingdom or agrees to do so.

• (6) The Secretary of State may by order make provision in connection with any controls that may be imposed by a directly applicable EU provision on participation in the provision of technical assistance.

• (7) Technical assistance controls may be imposed on acts done outside the United Kingdom, but only if they are done by a person who is, or is acting under the control of, a United Kingdom person.

Trade controls

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• (1) The Secretary of State may by order make provision for or in connection with the imposition of trade controls in relation to goods of any description.

• (2) For this purpose “trade controls”, in relation to any goods, means the prohibition or regulation of—

• (a) their acquisition or disposal;

• (b) their movement; or

• (c) activities which facilitate or are otherwise connected with their acquisition, disposal or movement.

• (3) Goods may be described in the order wholly or partly by reference to the uses to which the goods, or any information recorded on or derived from them, may be put.

• (4) The power to impose trade controls—

• (a) shall only be exercised for the purpose of imposing controls corresponding to or connected with—

• (i) any export controls or transfer controls imposed under section 1 or 2; or

• (ii) any controls imposed by a directly applicable EU provision on the exportation of goods or the transfer of technology; and

• (b) is subject to section 5.

• (5) The Secretary of State may by order make provision in connection with any controls that may be imposed by a directly applicable EU provision on, or on activities which facilitate or are otherwise connected with, the acquisition, disposal or movement of goods.

• (6) For the purposes of this section—

• (a) a person acquires goods if he buys, hires or borrows them or accepts them as a gift; and

• (b) a person disposes of goods if he sells, lets on hire, lends or gives them.

• (7) For the purposes of this section—

• (a) the making of an agreement with another to acquire, dispose of or move goods, and

• (b) the making of arrangements under which another person—

• (i) acquires, disposes of or moves goods; or

• (ii) agrees with a third person to acquire, dispose of or move goods,

are activities which facilitate the acquisition, disposal or movement of the goods.

• (8) Trade controls may be imposed on acts done outside the United Kingdom and the Isle of Man, but only if they are done by a person who is, or is acting under the control of, a United Kingdom person.

General restriction on control powers

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• (1) Subject to section 6, the power to impose export controls, transfer controls, technical assistance controls or trade controls may only be exercised where authorised by this section.

• (2) Controls of any kind may be imposed for the purpose of giving effect to any EU provision or other international obligation of the United Kingdom.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Export controls may be imposed in relation to any description of goods within one or more of the categories specified in the Schedule for such controls.

• (5) Transfer controls may be imposed in relation to any description of technology within one or more of the categories specified in the Schedule for such controls.

• (6) Technical assistance controls may be imposed in relation to any description of technical assistance within one or more of the categories specified in the Schedule for such controls.

• (7) Trade controls may be imposed in relation to any description of goods within one or more of the categories specified in the Schedule for such controls.

Exceptions from the general restriction

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• (1) Section 5 does not apply to the power to impose any controls if the control order which imposes them provides for its expiry no later than the end of the period of 12 months beginning with the day on which it is made.

• (2) Section 5 does not apply in relation to provisions of a control order which—

• (a) amend an earlier control order; or

• (b) revoke and re-enact (with or without modifications) provisions of an earlier control order,

unless they impose new controls or strengthen the controls previously imposed.

• (3) In subsection (2) “an earlier control order” does not include an order made by virtue of subsection (1).

Control powers: supplementary

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• (1) An order under any of the preceding provisions of this Act may (without prejudice to the generality of the power under which it is made) make provision—

• (a) for an activity to be prohibited unless authorised by a licence granted by a person specified in the order;

• (b) creating exceptions from any provision of the order;

• (c) requiring persons to keep (and produce) records;

• (d) requiring persons to provide information to any person specified in the order;

• (e) about the purposes for which information held in connection with anything done under or by virtue of the order may be used;

• (f) about the persons to whom any such information may be disclosed;

• (g) creating indictable offences, summary offences or offences triable either way (subject to the limitation that no offence so created shall be punishable on indictment with imprisonment for a term exceeding 10 years); and

• (h) for the enforcement of the order (including provision as to the powers and duties of any person who is to enforce it).

• (2) Such an order may—

• (a) make provision binding the Crown;

• (b) amend, repeal or revoke, or apply (with or without modifications) provisions of any Act or subordinate legislation;

• (c) provide for any reference in the order to a document (including a technical list by reference to which any Community provision or international obligation operates) to take effect as a reference to that document as revised or re-issued from time to time;

• (d) make incidental, supplementary and transitional provision; and

• (e) make different provision for different cases and different circumstances.

Protection of certain freedoms

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• (1) The Secretary of State may not make a control order which has the effect of prohibiting or regulating any of the following activities—

• (a) the communication of information in the ordinary course of scientific research;

• (b) the making of information generally available to the public; or

• (c) the communication of information that is generally available to the public,

unless the interference by the order in the freedom to carry on the activity in question is necessary (and no more than is necessary).

• (2) The question whether any such interference is necessary shall be determined by the Secretary of State by reference to the circumstances prevailing at the time the order is made and having considered the reasons for seeking to control the activity in question and the need to respect the freedom to carry on that activity.

Guidance about the exercise of functions under control orders

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• (1) This section applies to licensing powers and other functions conferred by a control order on any person in connection with controls imposed under this Act.

• (2) The Secretary of State may give guidance about any matter relating to the exercise of any licensing power or other function to which this section applies.

• (3) But the Secretary of State must give guidance about the general principles to be followed when exercising licensing powers to which this section applies.

• (4) The guidance required by subsection (3) must include guidance about the consideration (if any) to be given, when exercising such powers, to—

• (a) issues relating to sustainable development; and

• (b) issues relating to any possible consequences of the activity being controlled that are of a kind mentioned in the Table in paragraph 3 of the Schedule;

but this subsection does not restrict the matters which may be addressed in guidance.

• (5) Any person exercising a licensing power or other function to which this section applies shall have regard to any guidance which relates to that power or other function.

• (6) A copy of any guidance shall be laid before Parliament and published in such manner as the Secretary of State may think fit.

• (7) In this section “guidance” means guidance stating that it is given under this section.

• (8) The consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000 shall (until withdrawn or varied under this section) be treated as guidance which—

• (a) is given and published under this section; and

• (b) fulfils the duty imposed by subsection (3) in respect of any export controls and transfer controls which may be imposed in relation to goods or technology of a description falling within paragraph 1 or 2 of the Schedule.

Annual reports

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• (1) The Secretary of State shall lay before Parliament in respect of each year—

• (a) a report on the operation during the year of any order under section 1 so far as relating to the export of objects of cultural interest; and

• (b) a report on other matters relating to the operation of this Act (and any order made under it) during the year.

• (2) A report required by subsection (1) shall be laid as soon as practicable after the end of the year to which it relates.

Interpretation

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• (1) In this Act—

• “EU provision” means a provision of an EU instrument as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

• “control order” means an order under section 1(1), 2(1), 3(1) or 4(1);

• “export controls” has the meaning given in section 1(2);

• “objects of cultural interest” includes objects of historical or scientific interest;

• “place” includes a vehicle, vessel or aircraft;

• “technical assistance” and “technical assistance controls” have the meanings given in section 3(2);

• “technology” has the meaning given in section 2(6);

• “trade controls” has the meaning given in section 4(2);

• “transfer” has the meaning given in section 2(6);

• “transfer controls” has the meaning given in section 2(2); and

• “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of any part of the United Kingdom.

• (2) For the purposes of the definition of “United Kingdom person” a United Kingdom national is an individual who is—

• (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

• (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

• (c) a British protected person within the meaning of that Act.

• (3) The removal of goods to the Isle of Man shall not be regarded for the purposes of this Act as an exportation of those goods.

• (4) This Act, so far as it relates to the imposition of export controls, is an Act relating to customs for the purposes of the definition of “the customs and excise Acts” in section 1 of the Customs and Excise Management Act 1979 (c. 2).

Power to modify the Schedule

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• (1) The Secretary of State may by order modify the provisions of the Schedule.

• (2) An order under this section may make transitional provision in connection with any modification made by the order.

Orders

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• (1) The power to make an order under this Act is exercisable by statutory instrument.

• (2) A statutory instrument containing a control order made by virtue of section 6(1) shall be laid before Parliament after being made but, unless it is approved by a resolution of each House before the end of the period of 40 days beginning with the day on which it is made, shall cease to have effect at the end of that period.

• (3) In reckoning that period no account shall be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than 4 days.

• (4) A statutory instrument containing an order under section 12 shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

• (5) A statutory instrument containing—

• (a) an order under section 1, 2, 3 or 4 which is not made by virtue of section 6(1); or

• (b) an order under section 16(3),

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Financial provision

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There shall be paid out of money provided by Parliament—

• (a) any expenses of a government department incurred in consequence of this Act; and

• (b) any increase attributable to this Act in the sums payable out of such money under any other Act.

Consequential repeals

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