The Export of Goods (Control) (Amendment No. 2) Order 1996

Made: 18th October 1996

Coming into force: 1st November 1996

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], hereby makes the following Order:

1

This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 1996 and shall come into force on 1st November 1996.

2

The Export of Goods (Control) Order 1994[^f00003] is amended as follows:

• (a) the following definitions in article 1(2) are revoked:

• “basic scientific research”;

• “development”;

• “document”;

• “isolated live cultures”;

• “microorganisms”;

• “microprogramme”;

• “production”;

• “programme”;

• “software”;

• “technology”;

• “toxins”;

• “use”;

• (b) in the definition of “vessel” in article 1(2), “small waterplane area vessel and” is replaced by “vessel of small waterplane area or”;

• (c) in article 1(3), the word “and” at the end of subparagraph (a) is revoked and the following is added after the end of subparagraph (b):

and; (c) references to goods specified, or of a description specified, in Part III of Schedule 1 do not include goods brought within the effect of this Order by regulation 14 of the Dual-Use and Related Goods (Export Control) Regulations 1995[^f00004]

• (d) in article 3(b) and in paragraph 1(ii) of article 3B[^f00005], the words “Group 1 of” are revoked;

• (e) in paragraph 1 of article 3B, the words “or goods to which Part II of Schedule 1 hereto applies” are revoked;

• (f) paragraph 1 in Group 1 of Part I of Schedule 1 is revoked;

• (g) Part II of Schedule 1 is revoked; and

• (h) Part III of Schedule 1 is replaced by the Part set out in Schedule 1 to this Order.

3

The orders and provisions set out in Schedule 2 to these Regulations are revoked.

SCHEDULE 1 — PART III OF SCHEDULE 1 TO THE EXPORT OF GOODS (CONTROL) ORDER 1994

PART III — Note: The goods in this Part are for convenience specified by reference to the classification system used by the Department of Trade and Industry for export control purposes. For convenience only, defined terms are printed in “quotation marks”.

General Technology Note

1

Subject to paragraph 2 below, the export of “technology” specified in this Part of this Schedule is prohibited by Article 2 of this Order if it is capable of being “required” for the “development”, “production” or “use” of “goods” specified in this Part of this Schedule, whether or not the “technology” being exported in the particular case is intended to be applied in respect of such “goods”.

2

The prohibition in Article 2 does not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of “goods” not specified in this Part of this Schedule, to “technology” “in the public domain”, to “basic scientific research” or to the minimum necessary information for patent applications.

Definitions

Controlled Goods

ML1

Arms and automatic weapons with a calibre of 12.7 mm (calibre 0.50 inches) or less and accessories, as follows, and specially designed components therefor:

• (a) Rifles, carbines, revolvers, pistols, machine pistols and machine guns;

• (b) Smooth-bore weapons specially designed for military use;

• (c) Weapons using caseless ammunition;

• (d) Silencers, “special gun-mountings”, clips and flash suppressers for arms specified in entry ML1.a., ML1.b. or ML1.c.

Technical Note:

PL5002

Telescopic sights for goods specified in entry ML1 and PL5018, other than those specified in entry ML5[^f00007].

PL5018

Smooth-bore weapons, other than those specified in entry ML1.b. and ML2, and specially designed components therefor;

PL5021

Ammunition or cartridges, including projectiles, and specially designed components therefor, for the “goods” specified in entry PL5018;

ML2

Armament or weapons with a calibre greater than 12.7 mm (calibre 0.50 inches), projectors and accessories, as follows, and specially designed components therefor:

• (a) Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers, recoilless rifles and signature reduction devices therefor;

• (b) Military smoke, gas and pyrotechnic projectors or generators.

ML3

Ammunition, and specially designed components therefor, for the weapons specified in entry ML1, ML2 or ML12;

ML4

Bombs, torpedoes, rockets, missiles, and related equipment and accessories, as follows, specially designed for military use, and specially designed components therefor:

• (a) Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices and demolition-kits, “military pyrotechnics”, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items);

• (b) Equipment specially designed for the handling, control, activation, powering with one-time operational output, launching, laying, sweeping, discharging, decoying, jamming, detonation or detection of items specified in entry ML4.a.

PL5006

Apparatus or devices specially designed for military use, used for the handling, control, discharging, decoying, jamming, detonation, disruption or detection of improvised explosive devices or other explosive devices not specified in entry ML4.a., and specially designed components therefor;

PL5030

Bombs and grenades, other than those specified in entry ML4 and specially designed components therefor.

ML5

Fire control, and related alerting and warning equipment, and related systems and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:

• (a) Weapon sights, bombing computers, gun laying equipment and weapon control systems;

• (b) Target acquisition, designation, range-finding, surveillance or tracking systems; detection, data fusion, recognition or identification equipment; and sensor integration equipment;

• (c) Countermeasure equipment for items specified in entry ML5.a. and ML5.b.

ML6

Ground vehicles and components therefor specially designed or modified for military use.

Technical Note:

PL5031

Ground vehicles and related equipment, other than those specified elsewhere in this Part of this Schedule, as follows:

• (a) All wheel drive utility vehicles capable of off road use which have been manufactured or fitted with metallic or non-metallic materials to provide ballistic protection;

• (b) Containers for mounting on vehicles, specially designed or modified for military use and components therefor specially designed or modified for military use.

ML7

In this entry, references in square brackets to Chemical Abstract Service (“CAS”) numbers are included for convenience only. Goods of which the description in this entry includes a CAS reference are specified in this entry whether or not they fall within that reference.

ML8

In this entry, references in square brackets to Chemical Abstract Service (“CAS”) numbers are included for convenience only. Goods of which the description in this entry includes a CAS reference are specified in this entry whether or not they fall within that reference.

ML9

Combatant vessels and vessels (surface or underwater) specially designed or modified for offensive or defensive action, whether or not converted to non-military use, regardless of current state of repair or operating condition, and whether or not they contain weapon delivery systems or armour, and components therefor specially designed or modified for military use.

ML10

“Aircraft”, unmanned airborne vehicles, aero engines and “aircraft” equipment, related “goods” and components, specially designed or modified for military use, as follows:

• (a) Combat “aircraft” and specially designed components therefor;

• (b) Other “aircraft” specially designed or modified for military use, including military reconnaissance, assault, military training, transporting and airdropping troops or military equipment, logistics support, and specially designed components therefor;

• (c) Aero-engines specially designed or modified for military use, and specially designed components therefor;

• (d) Unmanned airborne vehicles, including remotely piloted air vehicles (RPVs), and autonomous, programmable vehicles specially designed or modified for military use and their launchers, ground support and related equipment for command and control;

• (e) Airborne equipment, including airborne refuelling equipment, specially designed for use with the “aircraft” specified in entry ML10.a. or ML10.b. or the aero-engines specified in entry ML10.c., and specially designed components therefor;

• (f) Pressure refuellers, pressure refuelling equipment, equipment specially designed to facilitate operations in confined areas and ground equipment, developed specially for “aircraft” specified in entry ML10.a. or ML10.b., or for aero-engines specified in entry ML10.c.;

• (g) Pressurised breathing equipment and partial pressure suits for use in “aircraft”, anti-g suits, military crash helmets and protective masks, liquid oxygen converters used for “aircraft” or missiles, and catapults and cartridge actuated devices for emergency escape of personnel from “aircraft”;

• (h) Parachutes used for combat personnel, cargo dropping or “aircraft” deceleration, as follows:

• (1) Parachutes for:

• (a) Pin point dropping of military personnel;

• (b) Dropping of paratroopers;

• (2) Cargo parachutes;

• (3) Paragliders, drag parachutes, drogue parachutes for stabilisation and attitude control of dropping bodies, (e.g. recovery capsules, ejection seats, bombs);

• (4) Drogue parachutes for use with ejection seat systems for deployment and inflation sequence regulation of emergency parachutes;

• (5) Recovery parachutes for guided missiles, drones or space vehicles;

• (6) Approach parachutes and landing deceleration parachutes;

• (7) Other military parachutes;

• (i) Automatic piloting systems for parachuted loads; equipment specially designed or modified for military use for controlled opening jumps at any height, including oxygen equipment.

ML11

Electronic equipment, not controlled elsewhere in this Part of this Schedule, specially designed for military use and specially designed components therefor.

ML12

High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor:

• (a) Kinetic energy weapon systems specially designed for destruction or effecting mission abort of a target;

• (b) Specially designed test and evaluation facilities and test models, including diagnostic instrumentation and targets, for dynamic testing of kinetic energy projectiles and systems.

ML13

Armoured or protective equipment and constructions and components, as follows:

• (a) Armoured plate as follows:

• (1) Manufactured to comply with a military standard or specification; or

• (2) Suitable for military use;

• (b) Constructions of metallic or non-metallic materials or combinations thereof specially designed to provide ballistic protection for military systems;

• (c) Military helmets[^f00008];

PL5014

Specially designed components for the “goods” specified in entries ML13.a., ML13.b. and ML13.c.

ML14

Specialised equipment for military training or for simulating military scenarios and specially designed components and accessories therefor.

ML15

Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:

• (a) Recorders and image processing equipment;

• (b) Cameras, photographic equipment and film processing equipment;

• (c) Image intensifier equipment;

• (d) Infrared or thermal imaging equipment;

• (e) Imaging radar sensor equipment;

• (f) Countermeasure or counter-countermeasure equipment for the equipment specified in entries ML15.a. to ML15.e.

ML16

Forgings, castings and other unfinished products the use of which in a controlled product is identifiable by material composition, geometry or function, and which are specially designed for any of the “goods” specified in entries ML1 to ML4, ML6, ML9, ML10, ML12 and ML19.

PL5020

Forgings, castings and semi-finished products specially designed for “goods” specified in entry PL5006 or PL5018.

ML17

Miscellaneous “goods”, materials and libraries, as follows, and specially designed components therefor:

• (a) Self-contained diving and underwater swimming apparatus, as follows:

• (1) Closed or semi-closed circuit (rebreathing) apparatus specially designed for military use (i.e., specially designed to be non magnetic);

• (2) Specially designed components for use in the conversion of open-circuit apparatus to military use;

• (3) Articles designed exclusively for military use with self-contained diving and underwater swimming apparatus;

• (b) Construction equipment specially designed for military use;

• (c) Fittings, coatings and treatments for signature suppression, specially designed for military use;

• (d) Field engineer equipment specially designed for use in a combat zone;

• (e) “Robots”, “robot” controllers and “robot” “end-effectors”, having any of the following characteristics:

• (1) Specially designed for military use;

• (2) Incorporating means of protecting hydraulic lines against externally induced punctures caused by ballistic fragments (e.g., incorporating self-sealing lines) and designed to use hydraulic fluids with flash points higher than 839 K (566°C); or

• (3) Specially designed or rated for operating in an electro-magnetic pulse (EMP) environment;

• (f) Libraries (parametric technical databases) specially designed for military use with equipment specified in this Part of this Schedule;

• (g) Nuclear power generating equipment or propulsion equipment, including “nuclear reactors”, specially designed for military use and components therefor specially designed or modified for military use;

• (h) “Goods” and material, coated or treated for signature suppression, specially designed for military use, other than those controlled elsewhere in this Part of this Schedule;

• (i) Simulators specially designed for military “nuclear reactors”;

• (j) Mobile repair shops specially designed to service military equipment;

• (k) Field generators specially designed for military use; and

• (l) Containers specially designed for military use.

Technical Note:

ML18

Equipment and “technology” for the production (including design, examination, manufacture, testing and checking) of “goods” referred to in this Part of this Schedule, as follows:

• (a) Specially designed or modified production equipment for the production of products specified in this Part of this Schedule, and specially designed components therefor;

• (b) Specially designed environmental test facilities and specially designed equipment therefor, for the certification, qualification or testing of products specified in this Part of this Schedule;

• (c) Specific production “technology”, even if the equipment with which such “technology” is to be used is not controlled;

• (d) “Technology” specific to the design of, the assembly of components into, and the operation, maintenance and repair of complete production installations even if the components themselves are not controlled.

PL5017

Equipment and test models specially designed or modified for the “development” or use of military “goods” specified in this Part of this Schedule.

ML19

Directed energy weapon systems (DEW), related or countermeasure equipment and test models, as follows, and specially designed components therefor:

• (a) “Laser” systems specially designed for destruction or effecting mission-abort of a target;

• (b) Particle beam systems capable of destruction or effecting mission-abort of a target;

• (c) High power radio-frequency (RF) systems capable of destruction or effecting mission-abort of a target;

• (d) Equipment specially designed for the detection or identification of, or defence against, systems specified in entries ML19.a. to ML19.c.;

• (e) Physical test models and related test results for the systems, equipment and components specified in this entry.

ML20

Cryogenic and “superconductive” equipment, as follows, and specially designed components and accessories therefor:

• (a) Equipment specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K ( – 170°C);

• (b) “Superconductive” electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion;

ML21

“Software”, as follows:

• (a) “Software” specially designed or modified for the “development”, “production” or “use” of equipment or materials specified in this Part of this Schedule;

• (b) Specific “software”, as follows:

• (1) “Software” specially designed for:

• (a) Modelling, simulation or evaluation of military weapon systems;

• (b) “Development”, monitoring, maintenance or up-dating of “software” embedded in military weapon systems;

• (c) Modelling or simulating military operation scenarios, not specified in ML14;

• (d) Command, Communications, Control and Intelligence (C³I) applications;

• (2) “Software” for determining the effects of conventional, nuclear, chemical or biological warfare weapons.

PL5001

Other security and para-military police “goods”, as follows:

• (a) Acoustic devices represented by the manufacturers or suppliers thereof as suitable for riot control purposes, and specialised components therefor;

• (b) Anti-riot shields and components therefor;

• (c) Leg-irons, shackles (excluding any pair of handcuffs the maximum dimension of which when locked does not exceed 240 mm) and gangchains, specially designed for restraining human beings;

• (d) Portable anti-riot devices for administering an electric shock or an incapacitating substance, and specialised components therefor;

• (e) Water cannon and components therefor;

• (f) Riot control vehicles which have been specially designed or modified to be electrified to repel boarders.

ML22

“Technology” according to the General Technology Note for the “development”, “production” or “use” of “goods” specified in this Part of this Schedule, other than “technology” controlled in entries ML7 and ML18.

SCHEDULE 2 — REVOCATIONS

1

In the Export of Goods (Control) Order 1994 (Amendment) Order 1994[^f00009]:

• paragraphs (b) and (c) of article 2.

2

The Export of Goods (Control) Order 1994 (Amendment No. 2) Order 1994[^f00010].

3

In the Export of Goods (Control) Order 1994 (Amendment No. 3) Order 1994[^f00011]:

• paragraph (c) of article 2;

• in paragraph (d) of article 2, the words “in Group 3 of Part III of Schedule 1” and subparagraphs (i) to (vi)[^f00012].

4

In the Export of Goods (Control) (Amendment No. 2) Order 1995[^f00013]:

• article 3(2).

Signed

Andrew Mantle — An official of the — Department of Trade and Industry authorised to act on behalf of the Secretary of State — 18th October 1996

Explanatory note

(This note is not part of the Order)

This Order further amends the Export of Goods (Control) Order 1994.

The principal change is the replacement of Part III of Schedule 1. The new Part III consists exclusively of what used to be Group 1 of Part III (the “military list”), with the following differences:

• (a) a new General Technology Note has been introduced;

• (b) the entry numbers for some goods have been changed:

Previous Reference	New Reference
PL5029	ML17.g.
PL5032	ML17.h.
ML23	ML19
ML24	ML21
ML26	ML12
PL5027 PL5028	ML22

• (c) changes have been made to the wording of the entries for telescopic sights (PL5002), signal pistols (PL5018) and vehicles fitted with materials to provide ballistic protection (PL5031).

Entries ML7 and ML8 contain references to the Chemical Abstract Service. Copies may be obtained from:

• Chemical Abstract Service P.O. Box 3012 Columbus Ohio 43210-0012 USA Tel: 00-1-614-447-3731

The other two changes of substance are an amendment to the definition of “vessel” and the removal of redundant controls on the export of live animals from Northern Ireland.

A number of consequential amendments and revocations have been made, including the removal of provisions rendered ineffective by the Dual-Use and Related Goods (Export Control) Regulations 1995. The amendments to the 1994 Order now in force are:

• S.I. 1994/1632, articles 1 and 2(a);

• S.I. 1994/2711, articles 1 and 2(a), (b) and (d)(vii) (n.b: — article 2(d)(vii) appears as article 2(e) in the annual volume “Statutory Instruments 1994” published by HMSO);

• S.I. 1995/3060;

• S.I. 1995/3249, articles 1, 2, 3(1) and 4;

• S.I. 1996/1341;

• this Order.

Footnotes

[^f00001]: 1939 c. 69.

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

[^f00003]: S.I. 1994/1191; relevant amending instruments are set out in the Explanatory Note.

[^f00004]: S.I. 1995/271; the relevant amending instrument is S.I. 1995/1424.

[^f00005]: Article 3B was added by S.I. 1994/2711.

[^f00006]: S.I. 1969/47, amended by S.I. 1993/1490.

[^f00007]: See also article 3(e).

[^f00008]: See also ML10.g.

[^f00009]: S.I. 1994/1632.

[^f00010]: S.I. 1994/2518.

[^f00011]: S.I. 1994/2711.

[^f00012]: As S.I. 1994/2711 is printed in Part III, section 2 of “Statutory Instruments 1994”, published by HMSO, where article 2(d)(vii) appears as article 2(e), the revocation in respect of paragraph (d) of article 2 will appear as a revocation of the whole of paragraph (d).

[^f00013]: S.I. 1995/3249.