The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008

Made: 10th May 2008

Laid before Parliament: 13th May 2008

Coming into force: 3rd June 2008

The Secretary of State, in exercise of the powers conferred by sections 1, 2, 4, 5 and 7 of the Export Control Act 2002¹, makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 and shall come into force on 3rd June 2008.

• (2) In this Order, “the 2003 Order” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003².

Amendment of 2003 Order

2

• (1) In article 11(11)(b)(i) of the 2003 Order, for “g. or h.” substitute “g., h. or i.”.

• (2) For Schedule 1 to the 2003 Order, substitute the provisions set out in Schedule 1 to this Order.

• (3) Schedule 2 to the 2003 Order is amended as set out in Schedule 2 to this Order.

• (4) In Schedule 5 to the 2003 Order, for “Council Regulation (EC) No. 394/2006 of 27 February 2006 (O.J. L 74, 13.3.2006, p.1).” substitute “Council Regulation (EC) No. 1183/2007 of 18 September 2007 (O.J. L 278, 22.10.2007, p.1).”.

• (5) References in—

• (a) the Trade in Goods (Control) Order 2003³, and

• (b) the Trade in Controlled Goods (Embargoed Destinations) Order 2004⁴

to Schedule 1 to the 2003 Order shall be construed as references to that Schedule as substituted by this Order.

SCHEDULE 1

SCHEDULE 2 — AMENDMENT OF SCHEDULE 2 TO THE 2003 ORDER

1

In entry PL9005.b., before “in PL9005.a.” insert “specified”.

2

For entry PL9008.a., substitute—

• (a) “Vessels”, inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Part I of Schedule 1 to this Order or Annex I to “the Regulation”:

• (1) Marine “vessels” (surface or underwater), inflatable craft and ‘submersible vehicles’;

• (2) Equipment and components, designed for “vessels”, inflatable craft and ‘submersible vehicles’ as follows:

• (a) Hull and keel structures and components;

• (b) Propulsive engines designed or modified for marine use and specially designed components therefor;

• (c) Marine radar, sonar and speed log equipment, and specially designed components therefor;.

3

In entry PL9008.b., before “in PL9008.a.” insert “specified”.

4

In entry PL9008.c., before “in PL9008.a.” insert “specified”.

5

In entry PL9008, at the end insert—

‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles.

6

In entry PL9009.a.—

• (a) after ““Aircraft”” where it first appears insert “, “lighter-than-air vehicles” and steerable parachutes,”, and

• (b) for “in ML10 of” substitute “specified in”.

7

In entry PL9009.c., before “in PL9009.a.” insert “specified”.

Signed

Malcolm Wicks — Minister of State for Energy — Department for Business, Enterprise and Regulatory Reform — 10th May 2008

Explanatory note

(This note is not part of the Order)

This Order amends the lists in the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”) that determine what goods and technology are subject to export controls. The content of these lists derives partly from an international regime known as the Wassenaar Arrangement. The Wassenaar Arrangement control lists were amended in December 2007 and the new Schedule 1 to the 2003 Order reflects those changes (principally an amendment of entry ML4.b., a new entry ML4.c. and the rewriting of entry ML21).

In addition, submersible vehicles are brought within our national controls on exports of dual-use items to Iran and there are other drafting changes.

Article 2 (1) corrects an omission from the Export Control (Security and Para-military Goods) Order 2008⁶. That Order brought so-called “sting sticks” and similar para-military police equipment within the scope of UK export and trade controls. Logically, like goods with similar uses, they should also have been made subject to transit licensing requirements. Article 2(1) has the effect that the general exemption in article 11 of the 2003 Order for goods in transit no longer applies to these newly controlled goods.

Article 2 (4) of the Order updates the 2003 Order so that it refers to the most recent amendments to Council Regulation [(EC) No 1334/2000](https://www.legislation.gov.uk/european/regulation/2000/1334)⁷ (often called the “dual-use Regulation”).

Article 2 (5) puts beyond doubt that references in the legislation on trade controls (that is, controls that affect the movement of goods between States other than the UK) to Schedule 1 to the 2003 Order are to the amended Schedule 1. This makes sure that any new military items made subject to export controls are also made subject to trade controls.

A full regulatory impact assessment has not been produced for this instrument as minimal or no impact on the private or voluntary sectors is foreseen.

Footnotes