The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-04-01
Last updated 2025-02-27
State In force
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Made: 1st April 2019

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 , makes the following Regulations.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introductory

Citation and commencement

1

These Regulations may be cited as the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2 — Amendment of primary legislation

Amendment of the Export Control Act 2002

2

EU provision” means a provision of an EU instrument as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

PART 3 — Amendment of retained EU law

Amendment of Council Regulation (EC) No 428/2009

3

(2) ‘export’ shall be construed as follows— (1) it only includes removal from the United Kingdom to a destination outside of the United Kingdom and the Isle of Man; (2) it includes shipment as stores; (3) in relation to a vessel, vehicle, submersible vehicle or aircraft, it includes taking it out of the United Kingdom, notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; (4) it includes transmission of software or technology by electronic media, including by fax, telephone, email or any other electronic means to a destination outside of the United Kingdom; it includes making available in an electronic form such software and technology to legal and natural persons and partnerships outside of the United Kingdom. Export also applies to oral transmission of technology when the technology is described over the telephone.

(6) ‘broker’ means: (i) any person resident or established in the United Kingdom who carries out brokering services from the United Kingdom into the territory of a third country; or (ii) any United Kingdom national who carries out brokering services from the United Kingdom into the territory of a third country; (iii) any United Kingdom person who carries out brokering services from a country within the European Union into the territory of another third country; (iv) any person resident or established in the European Union who carries out brokering services from the United Kingdom into the territory of a third country; or (v) any European Union national who carries out brokering services from the United Kingdom into the territory of a third country; (6A) ‘European Union national’ means a natural person who is a national of a Member State of the European Union; (6B) ‘third country’ means any country or territory outside of the United Kingdom and the Isle of Man;

(7A) ‘United Kingdom national’ means a British Citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, or a person who, under the British Nationality Act 1981 , is a British subject or a British protected person within the meaning of that Act; (7B) ‘United Kingdom person’ means a United Kingdom national or a legal person, entity or body incorporated or constituted under the law of the United Kingdom or any part of the United Kingdom;

(b) may be used by all exporters, established or resident in the United Kingdom, if they meet the requirements set out in this Regulation. It must be issued in accordance with the indications set out in Annex IIIc;

(c) must not be used if the exporter has been informed by the Secretary of State that the items in question are, or may be intended, in their entirety or in part, for any of the uses referred to in paragraphs 1 and 3 of Article 4 or in paragraph 2 of Article 4 in a country subject to an arms embargo imposed through its listing as an embargoed destination in Part 1 or 2 of Schedule 4 to the Export Control Order 2008, as amended from time to time, or by a decision of the OSCE or an arms embargo imposed by a binding resolution of the Security Council of the United Nations, or if the exporter is aware that the items are intended for the abovementioned uses.

(13) The Secretary of State, acting in accordance with this Regulation, may refuse to grant an export authorisation, and may annul, suspend, modify or revoke an export authorisation which the Secretary of State has already granted.

(1) The Secretary of State may by regulations update the list of dual-use items set out in Annex I in conformity with the relevant obligations and commitments, and any modification thereof, that the United Kingdom has accepted as a member of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. (2) Where the updating of Annex I under paragraph 1 concerns dual-use items which are also listed in Annexes IIa to IIg or IV, regulations under paragraph 1 may also make provision for updating Annexes IIa to IIg or IV.

(1) Regulations under Article 9(1) or Article 15(1) are to be made by statutory instrument. (2) Such regulations may: (a) make different provision with respect to different cases or different descriptions of case; (b) include— (i) incidental, supplementary or consequential provision; (ii) transitional, transitory or saving provision. (3) A statutory instrument containing regulations under Article 9(1) or Article 15(1) is subject to annulment in pursuance of a resolution in either House of Parliament.

(1) mention the reference number of the initial export authorisation in the export declaration to customs, the reference number X002 and specify that the items are being exported under General Export Authorisation 003 in box 44 of the Single Administrative Document.

(4) Any exporter who uses this authorisation must notify the Secretary of State of the first use of this authorisation no later than 30 days after the date when the first export took place or, alternatively, and in accordance with a requirement by the Secretary of State, prior to the first use of this authorisation. Reporting requirements attached to the use of this authorisation and additional information that the Secretary of State might require on items exported under this authorisation are defined by the Secretary of State. The Secretary of State may require the exporter to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the Secretary of State without delay and in any case within 10 working days of receipt, subject to Article 9(1) of this Regulation. Where applicable the requirements set out in the second and third sub-paragraphs shall be based on those defined for the use of national general export authorisations granted by the Secretary of State.

Amendment of Regulation (EU) No 258/2012

4

(6) “export” means any departure of goods from the United Kingdom, including shipment as stores, to a destination outside of the United Kingdom or the Isle of Man;

(11a) “third country” means any country or territory outside of the United Kingdom and the Isle of Man;

(1) The Secretary of State may by regulations amend Annex I. (2) Regulations under this Article are to be made by statutory instrument. (3) Regulations under this Article: (a) may make different provision with respect to different cases or descriptions of case; (b) may include— (i) incidental, supplementary or consequential provision; (ii) transitional, transitory or saving provision. (4) A statutory instrument containing regulations under this Article is subject to annulment in pursuance of a resolution in either House of Parliament.

PART 4 — Transitional provisions

Transitional provision relating to Council Regulation (EC) No 428/2009

5

Transitional provision relating to Regulation (EU) No 258/2012

6

Signed

Graham Stuart — Parliamentary Under-Secretary of State for Investment — 2019-04-01

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: 2002 c. 28. The Export Control Act was amended by the Treaty of Lisbon (Changes in Terminology or Numbering) Order 2011 (S.I. 2011/1043), article 6(2)(c), and by the Treaty of Lisbon (Changes of Terminology or Numbering) Order 2012 (S.I. 2012/1809), articles 3 and Part 1 of the Schedule.

[^f00003]: 1981 c. 61.

[^f00004]: S.I. 2008/3231.

Editorial notes

[^c23692411]: 2018 c. 16.

[^c23692421]: 2002 c. 28. The Export Control Act was amended by the Treaty of Lisbon (Changes in Terminology or Numbering) Order 2011 (S.I. 2011/1043), article 6(2)(c), and by the Treaty of Lisbon (Changes of Terminology or Numbering) Order 2012 (S.I. 2012/1809), articles 3 and Part 1 of the Schedule.

[^c23692431]: 1981 c. 61.

[^c23692441]: S.I. 2008/3231.

[^key-9b8b41f70651bf8b4cd692c7816fbf1e]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-bb7a7d524f89b0a4623edf21596b8461]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-2c165db9007640423b3ae4c42da5889f]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-4a3b21e287fc511984bb9f24498bfca0]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-1c729ddafe18946ea41fd44ec96917a5]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-13306ae72978e9747047f9df6a399769]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-f27083b7c59b2c497d10e55fe146552c]: Reg. 2(2) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 9(a)

[^key-2be4d0167c910e6efbf868c85314f174]: Reg. 2(3) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 9(b)

[^key-0ce82b32d07cbd61e288a83971130f94]: Reg. 2(4)-(8) omitted (31.12.2020 immediately before IP completion day) by virtue of The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 9(c)

[^key-12303cfd98dee73bcef27c61cbe523b8]: Reg. 3(21A) inserted (31.1.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/806), regs. 1, 2(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ce40a58064f06d3988c88e63bdef5721]: Reg. 3(5)(f) substituted (31.1.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/806), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-99a7e777c4d55801b8bcdc4b6daf3158]: Reg. 3(15) substituted (31.1.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/806), regs. 1, 2(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-eb644edc20b6ded69e7dc02de8e59f05]: Reg. 3(22)(h)(ii) substituted (31.1.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/806), regs. 1, 2(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6abfbe5224b5a63d01e8172a760abfa7]: Reg. 3(32) substituted (31.1.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/806), regs. 1, 2(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6dcd003dd747613e37969985190e1c45]: Reg. 4(17A) inserted (31.1.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/806), regs. 1, 2(7); 2020 c. 1, Sch. 5 para. 1(1)

[^key-83130dff60b2bc6f50b95f540c98fd1c]: Words in reg. 5 substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 10(a)

[^key-6d698129fb9f358ba96d18f4f5bb937c]: Words in reg. 5(8) omitted (31.12.2020 immediately before IP completion day) by virtue of The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 10(b)(i)

[^key-421ecdb8707fc20f4a996e274e5a8b4f]: Words in reg. 5(8) inserted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 10(b)(ii)

[^key-c376d501bd9972276dc720c38f230847]: Words in reg. 5(8) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 10(b)(iii)

[^key-e1bd0fa6f8dedf1b69e3921ac8e7f788]: Words in reg. 6 substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 11(a)

[^key-91aae5a564e1c1c98b93a5e20afda636]: Words in reg. 6(3) inserted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 11(b)(i)

[^key-2fbe156cb9f92c71a47a0b2a3fba1557]: Words in reg. 6(3) substituted (31.12.2020 immediately before IP completion day) by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 11(b)(ii)

[^key-2518a38cd50723e07103c467c03fdbe6]: Words in reg. 6(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 11(b)(iii)

[^key-34ca7a80f17e48899bc231f7ee0c0f80]: Word in reg. 6(1)(2) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 13(2)(c)

[^key-f9dd7594132d14b6f433a84c8a15a703]: Word in reg. 6(3) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 13(2)(d)

[^key-864fed584711ab606ed6a43d218ea9d1]: Word in reg. 5(1)-(7) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 13(2)(a)

[^key-4d344bd84f13bb90eb616fb08ee7b012]: Word in reg. 5(8) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 13(2)(b)

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