The Dual-Use and Related Goods (Export Control) Regulations 1995

Type Statutory-Instrument
Publication 1995-02-04
State In force
Department Queen's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API
A

Chemical Vapour Deposition (CVD)

B

Thermal-Evaporation Physical Vapour Deposition (TE-PVD)

1

Physical Vapour Deposition (PVD): Electron-Beam (EB-PVD)

B.2

Ion assisted resistive heating Physical Vapour Deposition (Ion Plating

B.3

Physical Vapour Deposition: “laser”evaporation

B.4

Physical Vapour Deposition: cathodic arc discharge

C

Pack cementation (see A above for out-of-pack cementation) (10)

D

Plasma spraying

E

Slurry Deposition

F

Sputter Deposition

G

Ion Implantation

2E101 “Technology” according to the General Technology Note for the “use” of equipment or “software” specified in 2B004, 2B104, 2B115, 2B116 or 2D101.
2E201 “Technology” according to the General Technology Note for the “use” of equipment or “software” specified in 2A225, 2A226, 2B001, 2B006, 2B007.b., 2B007.c., 2B008, 2B009, 2B204, 2B207, 2B215, 2B225 to 2B232 or 2D201.
2E301 “Technology” required for the “use” of goods specified in 2B350 to 2B352.

Outline of the CTP calculation method

CTP is a measure of computational performance given in Mtops. In calculating the CTP of an aggregation of CEs the following three steps are required:

1

Calculate the effective calculating rate R for each CE;

2

Apply the word length adjustment (L) to the effective calculating rate (R), resulting in a Theoretical Performance (TP) for each CE;

3

If there is more than one CE, combine the TPs resulting in a CTP for the aggregation.

Note W:

For a pipelined CE capable of executing up to one arithmetic or logic operation every clock cycle after the pipeline is full, a pipelined rate can be established. The effective calculating rate (R) for such a CE is the faster of the pipelined rate or non-pipelined execution rate.

Note X:

For CEs which perform multiple operations of a specific type in a single cycle (e.g., two additions per cycle or two identical logic operations per cycle), the execution time t is given by:

$t=cycle timethe number of identical arithmetic operations per machine cycle$

CEs which perform different types of arithmetic or logic operations in a single machine cycle are to be treated as multiple separate CEs performing simultaneously (e.g., a CE performing an addition and a multiplication in one cycle is to be treated as two CEs, the first performing an addition in one cycle and the second performing a multiplication in one cycle).

If a single CE has both scalar function and vector function, use the shorter execution time value.

Note Y:

For the CE that does not implement FP add or FP multiply, but that performs FP divide:

$Rfp=1tfpdivide$

Note Z:

In simple logic operations, a single instruction performs a single logic manipulation of no more than two operands of given lengths. In complex logic operations, a single instruction performs multiple logic manipulations to produce one or more results from two or more operands.

  • Rates should be calculated for all supported operand lengths considering both pipelined operations (if supported), and non-pipelined operations using the fastest executing instruction for each operand length based on: Pipelined or register-to-register operations. Exclude extraordinarily short execution times generated for operations on a predetermined operand or operands (for example, multiplication by 0 or 1). If no register-to-register operations are implemented, continue with (2). The faster of register-to-memory or memory-to-register operations; if these also do not exist, then continue with (3). Memory-to-memory.
  • In each case above, use the shortest execution time certified by the manufacturer.

This adjustment is not applied to specialized logic processors which do not use XOR instructions. In this case TP = R.

Select the maximum resulting value of TP for:

  • Each XP-only CE (Rxp);
  • Each FP-only CE (Rfp);
  • Each combined FP and XP CE (R);
  • Each simple logic processor not implementing any of the specified arithmetic operations; and
  • Each special logic processor not using any of the specified arithmetic or logic operations.

Step 3: CTP for aggregations of CEs, including CPUs

For a CPU with a single CE,

$CTP=TP$

(for CEs performing both fixed and floating point operations

$TP=max ( TP fp, TP xp )$

)

CTP for aggregations of multiple CEs operating simultaneously is calculated as follows:

Note 1:

For aggregations that do not allow all of the CEs to run simultaneously, the possible combination of CEs that provides the largest CTP should be used. The TP of each contributing CE is to be calculated at its maximum value theoretically possible before the CTP of the combination is derived.

  • N.B. To determine the possible combinations of simultaneously operating CEs, generate an instruction sequence that initiates operations in multiple CEs, beginning with the slowest CE (the one needing the largest number of cycles to complete its operation) and ending with the fastest CE. At each cycle of the sequence, the combination of CEs that are in operation during that cycle is a possible combination. The instruction sequence must take into account all hardware and/or architectural constraints on overlapping operations.

Note 2:

A single integrated circuit chip or board assembly may contain multiple CEs.

Note 3:

Simultaneous operations are assumed to exist when the computer manufacturer claims concurrent, parallel or simultaneous operation or execution in a manual or brochure for the computer.

Note 4:

CTP values are not to be aggregated for CE combinations (inter) connected by local area networks, Wide Area Networks, Input/Output shared connections/devices, Input/Output controllers and any communication interconnection implemented by software.

Note 5:

CTP values must be aggregated for multiple CEs specially designed to enhance performance by aggregation, operating simultaneously and sharing memory,—or multiple memory/CE—combinations operating simultaneously utilising specially designed hardware.

Note 1:

When the CTP calculated by the above method does not exceed 194 Mtops, the following formula may be used to calculate Ci:

$Ci=0.75(m)1/2$

$$(i=2,…,n)$ where m number of CEs or groups of CEs sharing access.$

provided:

  • (1) The TPi of each CE or group of CEs does not exceed 30 Mtops;
  • (2) The CEs or groups of CEs share access to main memory (excluding cache memory) over a single channel; and
  • (3) Only one CE or group of CEs can have use of the channel at any given time.
  • N.B. This does not apply to items controlled under Category 3.

Note 2:

CEs share memory if they access a common segment of solid state memory. This memory may include cache memory, main memory, or other internal memory. Peripheral memory devices such as disk drives, tape drives or RAM disks are not included.

Note:

The ki factor is not applied to CEs 2 to 12 if the TPi of the CE or group of CEs is more than 50 Mtops; i.e., Ci for CEs 2 to 12 is 0.75.

1

The control status of components, “lasers”, test and production equipment, materials and “software” therefor, which are specially designed for telecommunications equipment or systems is defined in this Category.

  • (2) “Digital computers”, related equipment or “software”, when essential for the operation and support of telecommunications equipment described in this Category, are regarded as specially designed components, provided they are the standard models customarily supplied by the manufacturer. This includes operation, administration, maintenance, engineering or billing computer systems.

SCHEDULE 2 — PROHIBITED GOODS

NOTES:

1

For convenience only, terms defined in Schedule 1 are printed in quotation marks.

2

The goods specified in this Schedule are fully specified in Schedule 1.

The goods specified in 0B001, 0B002, 0B004, 0B006, 0C002, 4A003.b., 4D003.c. and Category 5-Part 2 are also subject to the provisions of Article 7 paragraph 2 of the Regulation in respect of all destinations, including those which are listed in Annex 2. The goods specified in 0B001, 0B002, 0B004, 0B006, 0C002, 4A003.b., 4D003.c. and Category 5-Part 2 are also subject to the provisions of Article 7 paragraph 2 of the Regulation in respect of all destinations, including those which are listed in Annex 2.
NSG—Trigger List Part 1 of Infcirc 254 NSG—Trigger List Part 1 of Infcirc 254
0B001 Plant for the separation of isotopes of “natural uranium” and “depleted uranium”, “special fissile materials” and “other fissile materials”;
0B002 Auxiliary equipment for enrichment plants;
0B004 Heavy water, deuterium or deuterium compound production equipment and components;
0B006 Plant for the reprocessing of irradiated “nuclear reactor” fuel elements;
0C002 Only the following fissile materials: Separated plutonium; “Uranium enriched in the isotopes 235 or 233” to more than 20 per cent.
0D001 As it relates to: 0B001, 0B002, 0B004, 0B006 and 0C002;
0E001 As it relates to: 0B001, 0B002, 0B004, 0B006 and 0C002.
Community Strategic Control Community Strategic Control
3A002.g. Atomic frequency standards;
4A001.b. Electronic computers and related equipment and “electronic assemblies” and specially designed components therefor, having characteristics of performing functions exceeding the limits in Category 5 (Part 2—Information Security);
4A003.b. Only computers with “supercomputer” performance, i.e. computers that have a Composite Theoretical Performance (CTP) of 2000 million theoretical operations per second (MTOPS) or greater;
4D003.c. “Software” having characteristics or performing functions exceeding the limits in Category 5 (Part 2—“Information Security”) other than “software” providing any of the functions described in 1. to 4. of Category 5 in this Annex;
CATEGORY 5 All goods specified in Part 2—“Information Security”, other than: Portable or mobile radiotelephones designed to recognised national, regional or international civil standards, (e.g. portable (personal) or mobile radiotelephones for use with commercial civil cellular radiocommunications systems); Access control equipment, such as automatic teller machines, self-service statement printers or point of sale terminals, which protects password or personal identification numbers (PIN) or similar data to prevent unauthorized access to facilities but does not allow for encryption of files or text, except as directly related to the password or PIN; Data authentication equipment which calculates a Message Authentication Code (MAC) or similar result to ensure no alteration of text has taken place, or to authenticate users, but does not allow for encryption of data, text or other media other than that needed for the authentication; Cryptographic equipment specially designed, developed or modified for use in machines for banking or money transactions, such as automatic teller machines, self-service statement printers, point of sale terminals, or equipment for the encryption of interbanking transactions, and intended for use only in such applications; “Software” for the “use” of equipment described in 1-4 above or “software” providing any of the functions of equipment described in 1-4 above.
6A001 Acoustics;
6D003.a. “Software” for the real time processing of acoustic data.
Stealth Technology
1C001 Materials specially designed for use as absorbers of electromagnetic waves, or intrinsically conductive polymers;
1D103 “Software” specially designed for analysis of reduced observables such as radar reflectivity, ultraviolet/infrared signatures and acoustic signatures;
6B008 Pulse radar cross-section measurement systems having transmit pulse widths of 100 ns or less and specially designed components therefor;
6B108 Systems specially designed for radar cross section measurement usable for “missile” and their sub-systems.
MTCR Technology
9A005 Liquid rocket propulsion systems;
9A007.a.1 Solid rocket propulsion systems with total impulse capacity exceeding 1.1 MNS;
9A008.d. Movable nozzle or secondary fluid injection thrust vector control systems, specially designed for solid rocket propulsion systems;
9A009.a. Hybrid rocket propulsion systems with total impulse capacity exceeding 1.1 MNS;
9A108.c. Thrust vector control sub-systems, specially designed for solid rocket propulsion systems;
9A119 Individual rocket stages;
9B115 Specially designed “production equipment” and “production facilities” for the systems, sub-systems and components specified in 9A005, 9A007.a.1, 9A008.d., 9A108.c. and 9A119;
9B116 Specially designed “production facilities” for the systems, sub-systems and components specified in 9A005, 9A007.a.1, 9A008.d., 9A108.c. and 9A119;
9D001 “Software” required for the “development” of equipment or “technology” specified in 9A005, 9A007.a.1, 9A008.d., 9A108.c., 9A119, 9B115 and 9B116;
9D101 “Software” specially designed for the use of goods specified in 9B116;
9D103 “Software” specially designed for modelling, simulation or design integration of the systems specified in 9A007.a.1, 9A108.c. or 9A119;
9E001 “Technology” for the “development” of equipment or “software” specified in 9A005, 9A007.a.1, 9A008.d., 9A108.c., 9A119, 9B115 and 9B116;
9E002 “Technology” for the “production” of equipment specified in 9A005, 9A007.a.1, 9A008.d., 9A108.c., 9A119, 9B115 and 9B116;

SCHEDULE 3 — PROHIBITED GOODS—NATIONAL LIST

Interpretations, exclusions and definitions

1

Where notes are included in any entry of this Schedule they are to be treated as part of the entry.

2

This Schedule does not specify “software” which is described by the General Software Note.

3

Reference in this Schedule to the General Software Note and the General Technology Note refers to those notes in Schedule 1.

4

For convenience only defined terms are printed in quotation marks.

5

In this Schedule:

  • “basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts and not primarily directed towards a specific practical aim or objective;
  • “development” means any activity or phase prior to production and may include or relate to design, design research, design analysis, design concepts, design data, assembly and testing of prototypes, pilot production schemes, the process of transforming design data into a product, configuration design, integration design, or layout;
  • “document” includes any medium or device by means of which information is recorded or stored including a magnetic or optical disk or tape or a solid state memory;
  • “improvised explosive devices” means devices placed or fabricated in an improvised manner incorporating destructive, lethal, noxious, pyrotechnic or incendiary chemicals, designed to destroy, disfigure or harass; they may incorporate military stores, but are normally devised from non-military components;
  • “microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;
  • “production” includes all production phases, including construction, production engineering, manufacture, integration, assembly (which includes mounting), inspection, testing and quality assurance;
  • “Production equipment” means tooling, templates, jigs, mandrels, moulds, dies, fixtures, alignment mechanisms, test equipment, other machinery and components therefor, limited to those specially designed or modified for “development” or for one or more phases of “production”.
  • “Production facilities” means equipment and specially designed software therefor integrated into installations for “development” or for one or more phases of “production”.
  • “programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer;
  • “required”, as applied to “technology” or “software”, means only that portion of “technology” or “software” which is peculiarly responsible for achieving or exceeding the specified performance levels, characteristics or functions; such “required” “technology” or “software” may be shared by different products;
  • “software” means one or more programmes or microprogrammes fixed in any tangible medium of expression;
  • “technology” in a tangible form as defined in Schedule 1.
  • “use” means operation, installation (which includes on-site installation), maintenance, checking, repair, overhaul and refurbishing. CATEGORY 0—NUCLEAR MATERIALS, FACILITIES AND EQUIPMENT0AEquipment, Assemblies and ComponentsNo entries.0BTest, Inspection and Production EquipmentNo entries.0CMaterialsNo entries.0DSoftwareNo entries.0ETechnologyNo entries.CATEGORY 1—MATERIALS, CHEMICALS, MICROORGANISMS & TOXINS1AEquipment, Assemblies and ComponentsNo entries.1BTest, Inspection and Production Equipment1B915The export of goods specified in this entry is prohibited to any destination except to Member StatesEquipment for the production, handling and acceptance testing of “goods” specified in entry 1C115 of Schedule 1 or in the following entries of the Export of Goods (Control) Order 1994; entry ML8a.1., ML8a.2., ML8a.3., ML8a.5., ML8a.6., ML8a.7., ML8a.18., ML8a.19., ML8a.20., ML8d., ML8e.10., ML8e.11., ML8e.18., ML8e.22., ML8e.29., ML8e.32., ML8e.39., or ML8e.41. of Schedule 1 except equipment described in entry ML18a. of that Schedule, and specially designed components therefor.Notes: The only mixers specified in this entry are those which have provision for mixing under vacuum in the range of zero to 13.326 kPa and with temperature control capability of the mixing chamber: Batch mixers having a total volumetric capacity of 110 litres or more and at least one mixing/kneading shaft mounted off centre; Continuous mixers having two or more mixing/kneading shafts and capability to open the mixing chamber. This entry includes fluid energy mills capable of processing ammonium perchlorate, cyclotetramethylenetetranitramine (HMX) or cyclotrimethylene-trinitramine (RDX). This entry does not control “goods” controlled by entry 1B115 of Schedule 1. 1CMaterials1C950The export of goods specified in this entry is prohibited to any destination except to Member States. Mixtures containing any of the chemicals specified in entry 1C350 of Category 1 of Schedule 1. except: Mixtures which include any of the controlled chemicals, which; Are put up for retail sale and intended for individual personal use or consumption; or Contain the chemical in such a way that it cannot be easily recovered by standard processes. 1C991 Other explosives and propellants and related substances as follows: Amatol; Nitrocellulose (containing more than 12.5% nitrogen); Nitroglycol; Pentaerythritol tetranitrate (PETN); Picryl chloride; Trinitrophenylmethylnitramine (tetryl); 2, 4, 6—Trinitrotoluene (TNT). 1C992 Vaccines for protection against either of the following: Bacillus anthracis; or Botulinum toxin. 1DSoftwareNo entries.1ETechnology1E915The export of goods specified in this entry is prohibited to any destination except to Member States.“Technology” according to the General Techology Note for the “development”, “production” or “use” of equipment specified in 1B915 of this Schedule.1E950The export of goods specified in this entry is prohibited to any destination except to Member States.“Technology” according to the General Technology Note for the “development” or “production” of equipment specified in 1C950 of this Schedule.CATEGORY 2—MATERIALS PROCESSING2AEquipment, Assemblies and ComponentsNo entries.2BTest, Inspection and Production EquipmentNo entries.2CMaterialsNo entries.2DSoftwareNo entries.2ETechnologyNo entries.CATEGORY 3—ELECTRONICS3AEquipment, Assemblies and Components3A990 Apparatus or devices, other than those specified in entry PL5006 of Group 1 of Part III of Schedule 1 of the Export of Goods (Control) Order 1994 or entries 3A229 to 3A232 of Schedule 1 of this Regulation, designed for the handling, control, discharging, decoying, jamming, detonation, disruption or detection of explosive devices or “improvised explosive devices”; except: Inspection devices not employing electronic management; X-ray apparatus or devices, for controls on X-ray apparatus or devices see Schedule 1. 3BTest, Inspection and Production EquipmentNo entries.3CMaterials.No entries.3DSoftware.No entries.3ETechnology3E990“Technology” “required” for the “use” of “goods” specified in entry 3A990.CATEGORY 4—COMPUTERS4AEquipment, Assemblies and ComponentsNo entries.4BTest, Inspection and Production EquipmentNo entries.4CMaterialsNo entries.4DSoftwareNo entries.4ETechnologyNo entries.CATEGORY 5—TELECOMMUNICATIONS AND INFORMATION SECURITYPart 1—Telecommunications5A1Equipment, Assemblies and Components5A990The export of goods specified in this entry is prohibited to any destination in Iran, Iraq or Libya.Tropospheric scatter communication equipment using analogue or digital modulation techniques.5B1Test, Inspection and Production EquipmentNo entries.5C1MaterialsNo entries.5D1SoftwareNo entries.5E1Technology5E990The export of goods specified in this entry is prohibited to any destination in Iran, Iraq or Libya.“Technology” “required” for the “development”, “production” or “use” of “goods” specified in entry 5A990.Part 2—Information Security5A2Equipment, Assemblies and ComponentsNo entries.5B2Test, Inspection and Production EquipmentNo entries.5C2MaterialsNo entries.5D2SoftwareNo entries.5E2TechnologyNo entries.CATEGORY 6—SENSORS AND LASERS6AEquipment, Assemblies and ComponentsNo entries.6BTest, Inspection and Production EquipmentNo entries6CMaterialsNo entries.6DSoftwareNo entries.6ETechnologyNo entries.CATEGORY 7—NAVIGATION AND AVIONICS7AEquipment, Assemblies and ComponentsNo entries.7BTest, Inspection and Production EquipmentNo entries.7CMaterials.No entries.7DSoftwareNo entries.7ETechnologyNo entries.CATEGORY 8—MARINE8AEquipment, Assemblies and Components8A990The export of goods specified in this entry is prohibited to any destination in Iran or Iraq. Vessels, other than those specified in entry 8A001 of Schedule 1, as follows: and specially designed components therefor; Vessels having special structural features for landing personnel and/or vehicles on a beach; Vessels capable of supporting helicopter operations and maintenance; Vessels capable of submerging; Vessels, not elsewhere specified in this Schedule or in Schedule 1, with a gross tonnage below 100 including inflatable craft in an inflated or uninflated state; except: Light vessels, fire floats and dredgers. 8A991The export of goods specified in this entry is prohibited to any destination in Libya.Vessels with decks and platforms specially strengthened to receive weapons, other than those specified in entry 8A001 of Schedule 1, and specially designed components therefor.8BTest, Inspection and Production EquipmentNo entries.8CMaterialsNo entries.8DSoftwareNo entries.8ETechnology8E990The export of goods specified in this entry is prohibited to any destination in Iran or Iraq.“Technology” “required” for the “development”, “production” or “use” of “goods” specified in entry 8A990.8E991The export of goods specified in this entry is prohibited to any destination in Libya.“Technology” “required” for the “development”, “production” or “use” of “goods” specified in entry 8A991.CATEGORY 9—AIRCRAFT, SPACE VEHICLES, PROPULSION SYSTEMS AND RELATED EQUIPMENT9AEquipment, Assemblies and Components9A905The export of goods specified in this entry is prohibited to any destination except to Member States. Liquid propellant rocket engines usable in “missiles”, other than those specified in 9A005 or 9A105 of Schedule 1, having a total impulse capacity of 0.841 MNs or greater. N.B.: SEE ALSO 9A919 OF THIS SCHEDULE AND 9A119 OF SCHEDULE 1. In 9A905 “missile” means complete rocket system or unmanned air vehicle system, capable of a range of at least 300 km with either no payload or a payload of less than 500 kg. 9A907The export of goods specified in this entry is prohibited to any destination except to Member States. Solid propellant rocket engines, usable in “missiles”, other than those specified in 9A007 or 9A107 of Schedule 1, having total impulse capacity of 0.841 MNs or greater. N.B.: SEE ALSO 9A919 IN THIS SCHEDULE AND 9A119 OF SCHEDULE 1. In 9A907 “missile” means complete rocket system or unmanned air vehicle system, capable of a range of at least 300 km with either no payload or a payload of less than 500 kg. 9A919The export of goods specified in this entry is prohibited to any destination except to Member States. Individual rocket stages as follows: Usable in “missiles” but not specified 9A119 of Schedule 1; Incorporating “goods” specified in 9A905 or 9A907 of this Schedule; or Incorporating hybrid rocket motors, usable in “missiles”, other than those specified in 9A109 of Schedule 1, having a total impulse capacity of 0.841 MNs or greater. Note: 1. This entry does not control “goods” specified in entry 9A119 of Schedule 1. In 9A919 “missile” means complete rocket system or unmanned air vehicle system, capable of a range of at least 300 km with either no payload or a payload of less than 500 kg. 9A990The export of goods specified in this entry is prohibited to any destination in Libya, Iran or Iraq.“Aircraft” having a maximum all up weight of 390 kg or more, and aeroengines, and equipment or components designed therefor, other than those specified elsewhere in this Regulation.9A991The export of goods specified in this entry is prohibited to any destination in Iran, Iraq, Libya, Serbia or Montenegro.“Aircraft” or steerable parachutes other than those specified in entry ML10 of Group 1 of Part III of Schedule 1 of the Export of Goods (Control) Order 1994, having a maximum all up weight of not more than 390 kg.9A993The export of goods specified in this entry is prohibited to any destination in Libya.Equipment for simulating or modelling any function of any “aircraft” or any part of any “aircraft”, specially designed components and specially designed accessories therefor.9BTest, Inspection and Production Equipment9B915The export of goods specified in this entry is prohibited to any destination except to Member States. Specially designed “production equipment” for the systems, sub-systems and components specified in 9A905, 9A907 or 9A919 of this Schedule. Note:1. This entry does not control “goods” specified in entry 9B115 of Schedule 1. 9B916The export of goods specified in this entry is prohibited to any destination except to Member States. Specially designed “production facilities” for the systems, sub-systems, and components specified in 9A905, 9A907 or 9A919 of this Schedule Note: 1. This entry does not control “goods” specified in entry 9B116 of Schedule 1. 9CMaterialsNo entries.9DSoftware9D901The export of goods specified in this entry is prohibited to any destination except to Member States. “Software” specially designed for the “use” of “goods” specified in 9B916 of this Schedule. Note: 1. This entry does not control “goods” specified in 9D101 of Schedule 1. 9D993The export of goods specified in this entry is prohibited to destination in Libya.“Software” specially designed or modified for the “use” of “goods” specified in entry 9A993.9ETechnology9E901The export of goods specified in this entry is prohibited to any destination except to Member States. “Technology” according to the General Technology Note for the “development” of equipment or “software” specified in 9A905, 9A907, 9A919, 9B915, 9B916 or 9D901 of this Schedule. Note: 1. This entry does not control “goods” specified in 9E001 or 9E101 of Schedule 1. 9E902The export of goods specified in this entry is prohibited to any destination except to Member States. “Technology” according to the General Technology Note for the “production” of equipment or “software” specified in 9A905, 9A907, 9A919, 9B915, 9B916 or 9D901 of this Schedule. Note: 1. This entry does not control “goods” specified in 9E002 or 9E101 of Schedule 1. 9E903The export of goods specified in this entry is prohibited to any destination except to Member States. “Technology” according to the General Technology Note for the “use” of equipment or “software” specified in 9A905, 9A907, 9A919, 9B915, 9B916 or 9D901 of this Schedule. Note: 1. This entry does not control “goods” specified in 9E102 of Schedule 1. 9E990The export of goods specified in this entry is prohibited to any destination in Libya, Iran or Iraq.“Technology” according to the General Technology Note for the “development”, “production” or “use” of equipment or “software” specified in 9A990 of this Schedule.9E991The export of goods specified in this entry is prohibited to any destination in Iran, Iraq, Libya, Serbia or Montenegro.“Technology” according to the General Technology Note for the “development”, “production” or “use” of equipment or “software” specified in 9A991 of this Schedule.9E993The export of goods specified in this entry is prohibited to any destination in Libya.“Technology” according to the General Technology Note for the “development”, “production” or “use” of equipment or “software” specified in 9A993 of this Schedule.

SCHEDULE 4 — PROHIBITED GOODS

NOTES: The goods in this Schedule are fully specified in Schedule 1.

Goods as follows:

1C239 High Explosives;
3A229 Electric detonators, firing sets and high-current pulse generators;
3A232 Detonators and multipoint initiation systems.

Signed

Ian Taylor — Parliamentary Under Secretary of State for Trade and Technology — Department of Trade and Industry — 4th February 1995

Explanatory note

(This Note is not part of the Regulations)

These Regulations implement certain aspects of Council Regulation (EC) 3381/94 (“the EC Regulation”), which sets up a Community regime for the control of exports of dual-use goods, and related matters. The EC Regulation and these Regulations replace the export controls on such goods that were previously contained in the Export of Goods (Control) Order 1994, as amended (“the Order”).

2 The EC Regulation provides that a licence shall be required for the export from the Community of any dual-use goods listed in Annex I to Council Decision No. 94/942/CFSP on the Joint Action adopted by the Council on the basis of article J3 of the Treaty on European Union (“the Decision”) which is linked to the EC Regulation. The list of goods in Annex I is reproduced in Schedule 1 to these Regulations. A licence granted for the export of such goods is valid throughout the Community.

3 The EC Regulation also provides that a licence is required for the export to another Member State of any dual-use goods listed in Annex IV to the Decision, which is derived from Annex I to the Decision. This list is reproduced in Schedule 2 to these Regulations. When granting licences the Secretary of State and other competent authorities shall take into account the guidelines for granting licences contained in Annex III to the Decision.

4 Criminal sanctions for the export of such goods without a licence apply by virtue of sections 68 and 170 of the Customs and Excise Management Act 1979.

5 Copies of the standards and recommendations referred to in Annex I to the Decision may be obtained from or through the British Standards Institution (BSI) at 3 Linford Wood, Milton Keynes, MK14 6LE, other than the ICAO and TCSEC standards mentioned at entries 5A001,5A002 and 6A008 which may be obtained from the ICAO at 10,000 Sherbrooke Street, Suite 400, Montreal, Canada H3A 2RZ, and the TCSEC Technical Guidelines Division, National Computer Center, FT George G Meade, MD 20755-6000, USA respectively.

6 In addition, the EC Regulation provides that Member States may prohibit without a licence the export from their territory of dual-use goods not listed in Annex I to the Decision; individual Member States may also prohibit the export to another Member State of certain dual-use goods as indicated in Annex V to the Decision. The goods which are subject to such control from the United Kingdom are set out in Schedules 3 and 4 respectively to these Regulations. Goods whose export from the United Kingdom are prohibited may be liable to forfeiture and sections 138, 145-148 and 150-155 of the Customs and Excise Management Act 1979 are applied.

7 By way of assistance to the reader and for convenience only, certain defined terms in Schedules 1 and 3 have been highlighted in quotation marks. An Index to Schedules 1 and 3 and certain cross-references have been included. These should not be treated as comprehensive.

8 The EC Regulation and these Regulations contain provisions requiring a licence where goods are to be exported for purposes connected with chemical, biological and nuclear weapons and missiles capable of delivering such weapons. These provisions are contained in Articles 4(1) and (2) of the EC Regulation and regulation 3(2)(a)(iii) and (iv) of these Regulations. Together they replace the provisions of Part II of Schedule 1 to the Order, which is revoked.

9 The Regulations also: a provide that the Secretary of State may grant licences and Community Licences under or for the purposes of the EC Regulation in the United Kingdom and give notice for the purposes of Article 4 of the EC Regulation; b provide that in certain circumstances the export of goods may not be permitted, notwithstanding that a Community Licence has been granted in respect of them in another Member State, where the Secretary of State considers that the export would be contrary to the essential foreign policy or security interests or the fulfilment of the international obligations or commitments of the United Kingdom: and that, in pursuance of Article 10.3 of the EC Regulation, goods for which a Community Licence has been granted may in certain circumstances be detained by the proper officer of Customs and Excise for a period of ten working days; c set out control measures, in relation to any licence issued by the Secretary of State and any Community Licence capable of use in the United Kingdom, and for exports to other Member States, regarding 1 the making of misleading licence applications; 2 failure to comply with licence conditions; 3 registration; 4 record-keeping.

10 The requirement to register with the DTI before, or soon after, exporting under an Open General Export Licence and to keep certain records for a specified period for inspection purposes has been extended to exporting under any licence under these Regulations: it also applies in respect of exports of any goods on Schedule 1 to another Member State. Records relating to applications for licences may also be inspected. In addition, Article 19(1)(a) of the EC Regulation requires goods on Schedule 1, when exported to another Member State, to be accompanied by commercial documentation which indicates clearly that the goods are subject to control if exported from the European Community.

11 The Export of Goods (Control) Order 1994, as amended, remains in force insofar as it applies to the export of certain military and non-industrial goods, subject to certain further consequential amendments made by these Regulations. The goods whose export is now controlled by the EC Regulation and these Regulations are largely unchanged from those previously controlled in Groups 2 and 3 in Part III of Schedule 1 to the Order, subject to the following:— a the said Group 2 has been re-arranged and clarified, becoming Category 0 in Annex I to the Decision; and b export control is introduced on certain separation equipment included in entries 0B001 and 0B002.

12 These Regulations do not affect any prohibition or restriction on the exportation of goods save as specified in these Regulations or the EC Regulation. There are a number of other such prohibitions and restrictions, particulars of which can be obtained on application to the Export Control Organisation, DTI, Kingsgate House, 66–74 Victoria Street, London SW1E 6SW.

Footnotes

[^f00001]: S.I. 1983/1706 and 1994/2791.

[^f00002]: 1972 c. 68.

[^f00003]: O.J. No. L367, 31.12.94.

[^f00004]: 1979 c. 2.

[^f00005]: O.J. No. L367, 31.12.94.

[^f00006]: O.J. No. L302, 19.10.92.

[^f00007]: 1979 c. 2.

[^f00008]: 1984 c. 60.

[^f00009]: S.I. 1989/1341 (N.I. 12).

[^f00010]: Section 145(6) was amended by the Police and Criminal Evidence Act 1984 (c. 60), section 114(1); section 146(1) was modified by S.I. 1990/2167; section 146A was inserted by the Finance Act 1989 (c. 26), section 16(1) and (4); section 147(1) was repealed by the Finance Act 1989 (c. 26), section 16(2) and (4), section 187(1) and Schedule 17, Part I; section 147(2) was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 176; section 147(5) was repealed by the Criminal Justice Act 1982 (c. 48), section 77 and Schedule 14, paragraph 42 and section 78 and Schedule 16; section 148 was extended by S.I. 1993/1813; section 151 was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 177; section 153(4) was inserted by the Finance Act 1981 (c. 35), section 11(1) and Schedule 8, Part I, paragraph 9; section 154(2) was modified by S.I. 1990/2167.

[^f00011]: S.I. 1994/1191, as amended by S.I. 1994/1632, 2518 and 2711.

[^f00012]: S.I. 1994/1191, as amended by S.I. 1994/1632, 2518 and 2711.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.