The Export of Goods (Control) (Amendment No. 6) Order 1990

Made: 20th December 1990

Coming into force: 21st December 1990

The Secretary of State, in exercise of powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939[^f00001] and now vested in him[^f00002], and of all other powers enabling him in that behalf, hereby makes the following Order:

1

This Order may be cited as the Export of Goods (Control) (Amendment No. 6) Order 1990 and shall come into force on 21st December 1990.

2

The Export of Goods (Control) Order 1989[^f00003] shall be further amended as follows:

• (a) in article 2, after paragraph (xiii) there shall be inserted:

(xiv) where scheduled goods are indicated by the letter “A”, those goods, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination; (xv) goods of a description specified in Schedule 1A hereto, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination— (a) if the exporter knows that they are intended or likely to be used in (i) the production, handling, detection, identification or storage of chemical or biological weapons or of any chemical or toxin used in the production of such weapons; or (ii) the disposal of waste arising out of the production of chemical or biological weapons or of chemicals or toxins used in the production of such weapons; (b) where the exporter knows or has grounds for suspecting that they might be used for any purpose referred to in sub-paragraph (a) above, unless he has made all reasonable enquiries as to their proposed use and satisfied himself that the goods will not be so used.

• (b) in Group 3I in Part II of Schedule 1, for entry PL 7007 there shall be substituted the following entry:

• PL 7007 Chemicals, the following— 2-chloroethanol A 3-hydroxy-1-methylpiperidine A 3-quinuclidinol A 3-quinuclidone A Diethyl ethylphosphonate A Diethyl methylphosphonite A Diethyl-N, N-dimethylphosphoramidate A Di-isopropylamine A Dimethylamine A Dimethylamine hydrochloride A Dimethyl ethylphosphonate A Dimethyl methylphosphonate A Dimethylphosphite A Ethyl phosphinyl dichloride A Ethyl phosphinyl difluoride A Ethyl phosphonyl dichloride A Ethyl phosphonyl difluoride A Hydrogen fluoride L,I,Y Methyl benzilate A Methyl phosphinyl dichloride A Methyl phosphinyl difluoride A Methyl phosphonyl dichloride A Methyl phosphonyl difluoride A N, N-diisopropyl-(Beta)-aminoethane thiol A N, N-diisopropyl-(Beta)-amino ethanol A N, N-diisopropyl-(Beta)-aminoethyl chloride A O-ethyl-2-di-isopropylaminoethyl methylphosphonite A Pinacolone A Pinacolyl alchohol A Phosphorous oxychloride A Phosphorous pentasulphide A Phosphorous trichloride A Potassium fluoride A Thiodiglycol A Thionyl chloride A Tri-ethanolamine A Trimethyl phosphite A

• and after Schedule 1, there shall be inserted the following new Schedule: SCHEDULE 1A Article 2(xv) A Any chemicals or toxins; B Any equipment capable of being used in the production or storage of chemicals or toxins; C Any equipment (including clothing) capable of being used in the handling of chemicals or toxins or in the disposal of waste arising out of the production of chemicals or toxins; D Any equipment capable of being used in the detection or identification of chemicals or toxins.

Signed

Mike Coolican — An Assistant Secretary, — Department of Trade and Industry — 20th December 1990.

Explanatory note

(This note is not part of the Order)

This Order further amends the Export of Goods (Control) Order 1989. It prohibits the export to any destination of

• (a) certain specified chemicals,

• (b) technological documents the information in which includes information which relates to certain chemicals specified in entry PL 7007 in Schedule 1 of the Export of Goods (Control) Order 1989 as amended.

It also prohibits the export to any destination of chemicals and other goods capable of being used in the production, storage, handling, detection or identification of chemicals or toxins or the disposal of related waste

• (i) if the exporter knows that they are intended or likely to be used for purposes related to chemical or biological weapons; or

• (ii) where the exporter knows or has grounds for suspecting they might be used for such purposes, unless he has made all reasonable enquiries as to their proposed use and satisfied himself that they will not be so used.

Footnotes

[^f00001]: 1939 c. 69.

[^f00002]: See S.I. 1970/1537.

[^f00003]: S.I. 1989/2376, amended by S.I. 1990/128, 735, 893, 1588 and 1767.