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Export Control Act 2002

The Export Control Act 2002 was brought into force on 1st May 2004. The Act is the main UK legislation on export controls.

The Act replaced the export control powers contained within the Import, Export and Customs Powers (Defence) Act 1939 legislation on strategic export controls and, amongst other things, provides for a more transparent framework and increased Parliamentary accountability. 

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Details of the Legislation

Full Text

View details on the OPSI website:

 

Explanatory Note

The Explanatory Notes spell out the intent of the Act and the powers that it gives to the Department in its administration of strategic export controls.  It also describes the role of  the Department for Culture, Media and Sport (DCMS) which up until mid-2005 was responsible for the running of the administration of the control of the export of objects of cultural interest.  This job is now being done by the Museums, Libraries and Archives Council, although the documentation is still on the DCMS site.

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Orders

The Act also gives powers to extend the controls. The Government introduced secondary legislation, which came into force at the same time as the Act, consolidating the previous secondary legislation and imposing a new range of controls.

These original Orders (including the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003  or "Main Order", the Trade in Goods (Control) Order 2003, the Trade in Controlled Goods (Embargoed Destinations) Order 2004 and the Technical Assistance Control Regulations 2006) have subsequently consolidated into a single Order - the Export Control Order 2008 (which came into force on 6 April 2009).

See the Orders made under the Export Control Act

NOTE: Amendments have made to each of the original orders in the form of small changes to articles and amendments to the control list.

You can view a summary of the amendments under Current UK Strategic Export Control Legislation

Any proposed changes to legislation are examined by the Government's Committee on Arms Export Controls (previously the Quad Committee).


Review

In line with Cabinet Office Better Regulation principles, BERR’s Export Control Organisation (“ECO”) launched a review of the export control legislation introduced in 2004 under the Export Control Act 2002. The review was launched on 18 June 2007. The public consultation period ended on 30 September 2007. The Government published its initial response on 6 February 2008.

Further details can be found by accessing information on the Review of Export Control Legislation 2007.

The following legislative changes have been introduced as a result of the Review:

 

Guidance

The controls have a wide focus. Industry needs to be aware of their scope and have systems in place to ensure that have an appropriate licence in place for their exports or trade activities if controlled.

View a brief summary Guidance: What the Export Control Act 2002 Means

All ECO guidance doucments are accessible in the Licensing Advice and Resources section.

 



Export Control Organisation

Updated: 3 April 2009

 

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