LegalizeThe Export Control (Amendment) (No. 2) Order 2010
Made: 4th August 2010
Laid before Parliament: 10th August 2010
Coming into force: 31st August 2010
The Secretary of State, in exercise of the powers conferred by sections 1, 2, 4, 5 and 7 of the Export Control Act 2002[^f00001], makes the following Order:
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Export Control (Amendment) (No. 2) Order 2010 and shall come into force on 31st August 2010.
- (2) In this Order, “the 2008 Order” means the Export Control Order 2008[^f00002].
Amendments to the 2008 Order related to stricter export and trade controls, etc., military goods, etc. and UK controlled dual-use goods, etc.
2
For Schedules 1, 2 and 3 to the 2008 Order, substitute the replacement Schedules 1, 2 and 3 set out in the Schedule to this Order.
Amendments to the 2008 Order related to Eritrea arms embargo
3
In Schedule 4 to the 2008 Order—
- (a) in Part 2, at the appropriate place insert “Eritrea”;
- (b) in Part 4, omit “Eritrea”.
SCHEDULE — Replacement Schedules 1, 2 and 3 to the 2008 Order
| Materials, chemicals, micro-organisms and toxins | Materials, chemicals, micro-organisms and toxins | Materials, chemicals, micro-organisms and toxins | Materials, chemicals, micro-organisms and toxins | Materials, chemicals, micro-organisms and toxins | Materials, chemicals, micro-organisms and toxins |
|---|---|---|---|---|---|
| PL9002 | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: |
| “Energetic materials”, as follows, and mixtures containing one or more thereof: | “Energetic materials”, as follows, and mixtures containing one or more thereof: | “Energetic materials”, as follows, and mixtures containing one or more thereof: | “Energetic materials”, as follows, and mixtures containing one or more thereof: | “Energetic materials”, as follows, and mixtures containing one or more thereof: | |
| a. | Nitrocellulose (containing more than 12.5% nitrogen); | Nitrocellulose (containing more than 12.5% nitrogen); | Nitrocellulose (containing more than 12.5% nitrogen); | Nitrocellulose (containing more than 12.5% nitrogen); | |
| b. | Nitroglycerol; | Nitroglycerol; | Nitroglycerol; | Nitroglycerol; | |
| c. | Pentaerythritol tetranitrate (PETN); | Pentaerythritol tetranitrate (PETN); | Pentaerythritol tetranitrate (PETN); | Pentaerythritol tetranitrate (PETN); | |
| d. | Picryl chloride; | Picryl chloride; | Picryl chloride; | Picryl chloride; | |
| e. | Trinitrophenylmethylnitramine (tetryl); | Trinitrophenylmethylnitramine (tetryl); | Trinitrophenylmethylnitramine (tetryl); | Trinitrophenylmethylnitramine (tetryl); | |
| f. | 2,4,6-Trinitrotoluene (TNT). | 2,4,6-Trinitrotoluene (TNT). | 2,4,6-Trinitrotoluene (TNT). | 2,4,6-Trinitrotoluene (TNT). | |
| Note: | PL9002 does not control single, double and triple base “propellants”. | PL9002 does not control single, double and triple base “propellants”. | |||
| PL9003 | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: |
| “Vaccines” for protection against: | “Vaccines” for protection against: | “Vaccines” for protection against: | “Vaccines” for protection against: | “Vaccines” for protection against: | |
| a. | bacillus anthracis; | bacillus anthracis; | bacillus anthracis; | bacillus anthracis; | |
| b. | botulinum toxin. | botulinum toxin. | botulinum toxin. | botulinum toxin. | |
| PL9004 | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: | The export of the following goods is prohibited to any destination: |
| “Previously separated” americium-241, -242m or -243 in any form. | “Previously separated” americium-241, -242m or -243 in any form. | “Previously separated” americium-241, -242m or -243 in any form. | “Previously separated” americium-241, -242m or -243 in any form. | “Previously separated” americium-241, -242m or -243 in any form. | |
| Note: | PL9004 does not control goods with an americium content of 10 grams or less. | PL9004 does not control goods with an americium content of 10 grams or less. | PL9004 does not control goods with an americium content of 10 grams or less. | ||
| Telecommunications and related technology | Telecommunications and related technology | Telecommunications and related technology | Telecommunications and related technology | Telecommunications and related technology | Telecommunications and related technology |
| PL9005 | The export or “transfer by electronic means” of the following goods, or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods, or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods, or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods, or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods, or “technology” is prohibited to any destination in Iran: |
| a. | Tropospheric scatter communication equipment using analogue or digital modulation techniques and specially designed components therefor; | Tropospheric scatter communication equipment using analogue or digital modulation techniques and specially designed components therefor; | Tropospheric scatter communication equipment using analogue or digital modulation techniques and specially designed components therefor; | Tropospheric scatter communication equipment using analogue or digital modulation techniques and specially designed components therefor; | |
| b. | “Technology” for the “development”, “production” or “use” of goods specified in PL9005.a. | “Technology” for the “development”, “production” or “use” of goods specified in PL9005.a. | “Technology” for the “development”, “production” or “use” of goods specified in PL9005.a. | “Technology” for the “development”, “production” or “use” of goods specified in PL9005.a. | |
| N.B. | N.B. | See article 18 of this Order for exceptions from the controls on “technology”. | See article 18 of this Order for exceptions from the controls on “technology”. | ||
| Detection equipment | Detection equipment | Detection equipment | Detection equipment | Detection equipment | Detection equipment |
| PL9006 | The export of ‘electro-statically powered’ equipment for detecting “explosives”, other than detection equipment specified in Schedule 2, PL8001.a.1. or in 1A004.d. in Annex I to “the dual-use Regulation”, is prohibited to any destination in Afghanistan or Iraq. | The export of ‘electro-statically powered’ equipment for detecting “explosives”, other than detection equipment specified in Schedule 2, PL8001.a.1. or in 1A004.d. in Annex I to “the dual-use Regulation”, is prohibited to any destination in Afghanistan or Iraq. | The export of ‘electro-statically powered’ equipment for detecting “explosives”, other than detection equipment specified in Schedule 2, PL8001.a.1. or in 1A004.d. in Annex I to “the dual-use Regulation”, is prohibited to any destination in Afghanistan or Iraq. | The export of ‘electro-statically powered’ equipment for detecting “explosives”, other than detection equipment specified in Schedule 2, PL8001.a.1. or in 1A004.d. in Annex I to “the dual-use Regulation”, is prohibited to any destination in Afghanistan or Iraq. | The export of ‘electro-statically powered’ equipment for detecting “explosives”, other than detection equipment specified in Schedule 2, PL8001.a.1. or in 1A004.d. in Annex I to “the dual-use Regulation”, is prohibited to any destination in Afghanistan or Iraq. |
| Technical note ‘Electro-statically powered’ means using electro-statically generated charge. | Technical note ‘Electro-statically powered’ means using electro-statically generated charge. | Technical note ‘Electro-statically powered’ means using electro-statically generated charge. | Technical note ‘Electro-statically powered’ means using electro-statically generated charge. | Technical note ‘Electro-statically powered’ means using electro-statically generated charge. | |
| Vessels and related software and technology | Vessels and related software and technology | Vessels and related software and technology | Vessels and related software and technology | Vessels and related software and technology | Vessels and related software and technology |
| PL9008 | The export or “transfer by electronic means” of the following goods, “software” or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods, “software” or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods, “software” or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods, “software” or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods, “software” or “technology” is prohibited to any destination in Iran: |
| a. | “Vessels”, inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”: | “Vessels”, inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”: | “Vessels”, inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”: | “Vessels”, inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”: | |
| 1. | Marine “vessels” (surface or underwater), inflatable craft and ‘submersible vehicles’; | Marine “vessels” (surface or underwater), inflatable craft and ‘submersible vehicles’; | Marine “vessels” (surface or underwater), inflatable craft and ‘submersible vehicles’; | ||
| 2. | Equipment and components, designed for “vessels”, inflatable craft and ‘submersible vehicles’, as follows: | Equipment and components, designed for “vessels”, inflatable craft and ‘submersible vehicles’, as follows: | Equipment and components, designed for “vessels”, inflatable craft and ‘submersible vehicles’, as follows: | ||
| a. | a. | Hull and keel structures and components; | |||
| b. | b. | Propulsive engines designed or modified for marine use and specially designed components therefor; | |||
| c. | c. | Marine radar, sonar and speed log equipment, and specially designed components therefor; | |||
| b. | “Software” designed for the “development”, “production” or “use” of goods specified in PL9008.a.. | “Software” designed for the “development”, “production” or “use” of goods specified in PL9008.a.. | “Software” designed for the “development”, “production” or “use” of goods specified in PL9008.a.. | “Software” designed for the “development”, “production” or “use” of goods specified in PL9008.a.. | |
| c. | “Technology” for the “development”, “production”, or “use” of goods or “software” specified in PL9008.a. or PL9008.b. | “Technology” for the “development”, “production”, or “use” of goods or “software” specified in PL9008.a. or PL9008.b. | “Technology” for the “development”, “production”, or “use” of goods or “software” specified in PL9008.a. or PL9008.b. | “Technology” for the “development”, “production”, or “use” of goods or “software” specified in PL9008.a. or PL9008.b. | |
| N.B. | N.B. | See article 18 of this Order for exceptions from the controls on “technology”. | See article 18 of this Order for exceptions from the controls on “technology”. | ||
| Technical note: ‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles. | Technical note: ‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles. | Technical note: ‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles. | Technical note: ‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles. | Technical note: ‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles. | |
| Aircraft and related technology | Aircraft and related technology | Aircraft and related technology | Aircraft and related technology | Aircraft and related technology | Aircraft and related technology |
| PL9009 | The export or “transfer by electronic means” of the following goods or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods or “technology” is prohibited to any destination in Iran: | The export or “transfer by electronic means” of the following goods or “technology” is prohibited to any destination in Iran: |
| a. | “Aircraft”, “lighter-than-air vehicles” and steerable parachutes, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”: | “Aircraft”, “lighter-than-air vehicles” and steerable parachutes, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”: | “Aircraft”, “lighter-than-air vehicles” and steerable parachutes, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”: | “Aircraft”, “lighter-than-air vehicles” and steerable parachutes, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”: | |
| 1. | “Aircraft”, “lighter-than-air vehicles” and steerable parachutes; | “Aircraft”, “lighter-than-air vehicles” and steerable parachutes; | “Aircraft”, “lighter-than-air vehicles” and steerable parachutes; | ||
| 2. | Equipment and components, designed for “aircraft” and “lighter-than-air vehicles”, as follows: | Equipment and components, designed for “aircraft” and “lighter-than-air vehicles”, as follows: | Equipment and components, designed for “aircraft” and “lighter-than-air vehicles”, as follows: | ||
| a. | a. | Airframe structures and components; | |||
| b. | b. | Aero-engines and auxiliary power units (APU)s and specially designed components therefor; | |||
| c. | c. | Avionics and navigation equipment and specially designed components therefor; | |||
| d. | d. | Landing gear and specially designed components therefor, and aircraft tyres; | |||
| e. | e. | Propellers and rotors; | |||
| f. | f. | Transmissions and gearboxes, and specially designed components therefor; | |||
| g. | g. | Unmanned aerial vehicle (UAV) recovery systems; | |||
| b. | Not used; | Not used; | Not used; | Not used; | |
| c. | “Technology” for the “development”, “production” or “use” of goods specified in PL9009.a. | “Technology” for the “development”, “production” or “use” of goods specified in PL9009.a. | “Technology” for the “development”, “production” or “use” of goods specified in PL9009.a. | “Technology” for the “development”, “production” or “use” of goods specified in PL9009.a. | |
| N.B. | N.B. | See article 18 of this Order for exceptions from the controls on “technology”. | See article 18 of this Order for exceptions from the controls on “technology”. | ||
| Note: PL9009.c. does not control technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable goods that are necessary for the continuing airworthiness and safe operation of civil “aircraft” | Note: PL9009.c. does not control technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable goods that are necessary for the continuing airworthiness and safe operation of civil “aircraft” | Note: PL9009.c. does not control technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable goods that are necessary for the continuing airworthiness and safe operation of civil “aircraft” | Note: PL9009.c. does not control technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable goods that are necessary for the continuing airworthiness and safe operation of civil “aircraft” | Note: PL9009.c. does not control technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable goods that are necessary for the continuing airworthiness and safe operation of civil “aircraft” | |
Signed
Mark Prisk — Minister of State for Business and Enterprise — Department for Business, Innovation and Skills — 4th August 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends the Export Control Order 2008 (“the 2008 Order”). Articles 2 and 3 of, and the Schedule to, this Order substitute new text for Schedules 1, 2 and 3 so as to consolidate amendments made to the 2008 Order since it came into force, and to make certain further amendments.
Schedule 1 to the 2008 Order lists goods subject to stricter export and trade controls. The new text makes slight drafting changes to the definition of cluster munitions as a result of the coming into force of type=start slip=2011-07-01 time=1311159504143the Cluster Munitions (Prohibitions) Act 2010type=end slip=2011-07-01 time=1311159504143. It also adds anti-vehicle landmines to the list of Category B goods.
Schedules 2 and 3 to the 2008 Order list goods, software and technology which are subject to export controls. The content of these lists derives partly from an international regime known as the Wassenaar Arrangement, as well as from national and European controls. The Wassenaar Arrangement control lists were amended in December 2009 and the substituted text of these Schedules reflect the changes. The new text also corrects minor drafting errors and amends some purely national controls by moving entry PL8001 (explosive-related goods and technology) from Schedule 2 to Schedule 3 (UK controlled dual-use goods, software and technology) and amending entries PL5017 and PL9009.
type=start slip=2011-07-01 time=1311159542675Article 3 of this Ordertype=end slip=2011-07-01 time=1311159542675 relates to the UN and EU arms embargo against Eritrea (imposed by UN Security Council Resolution 1907 (2009) and Council Decision 2010/127/CFSP). In the United Kingdom, under the 2008 Order, a licence was already required to export military goods to Eritrea and for a range of trading activities involving moving military goods to Eritrea. type=start slip=2011-07-01 time=1311159563878Article 3 adds totype=end slip=2011-07-01 time=1311159563878 this by making Eritrea an “embargoed destination” for the purpose of the trade controls in the 2008 Order so that the strictest levels of control apply, including restrictions on the activities of United Kingdom persons overseas (see article 20 of the 2008 Order). It also has the effect that a number of exceptions in the 2008 Order can no longer be used in relation to exports of military goods to Eritrea: the exceptions for aircraft and vessels (articles 13 and 14), the exception for holders of a firearm or shot gun certificate or permit (article 16), and the transit or transhipment exception (article 17).
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
[^f00001]: 2002 c. 28.
[^f00002]: S.I. 2008/3231; relevant amending instruments are S.I. 2009/1305, S.I. 2009/1852, S.I. 2009/2151 and S.I. 2010/121.
[^f00003]: S.I. 1969/47, as amended by S.I. 1993/1490.
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