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2007 Review of Export Control Legislation

In line with Cabinet Office Better Regulation principles, the DTI’s Export Control Organisation (“ECO”) has today launched a review of the export control legislation that was introduced in 2004 under the Export Control Act 2002. This review takes the form of a full public consultation and a consultation document, which includes a questionnaire for respondents to give their views and provide their evidence. The consultation document is now available on this Website.

Prior to this launch, a good deal of preparatory work has taken place. ECO has been working closely with stakeholders, including industry, Non-Governmental Organisations, and other Government departments. The Terms of Reference for this review were agreed by all relevant Government departments and by industry and NGO representatives and are set out below.

All responses to this consultation must be received by 30 September 2007. The Government will then analyse the responses and aims to issue its own initial analysis by 31 December 2007. If any legislative amendments result, these will be subject to Post Implementation Review in accordance with Better Regulation principles as above.

Responses can be submitted by E-Mail, letter or fax to the contact below. E-Mail is our preferred method of response, but if you are not responding by E-Mail, please only send Section 3 back to us after completion. You can do this either by copying Section 3 to a separate document or by deleting the preceding and following sections and then sending it as a new document to:

Luke Treves
Export Control Organisation
The Department of Trade and Industry
Bay 306
Kingsgate House
66-74 Victoria Street
London
SW1E 6SW
Tel: 020 7215 1185
Fax: 020 7215 4583
Email: ECAReview2007@dti.gsi.gov.uk

Versions of this document are available in Braille, or on audio cassette on request.

You may make copies of this document without seeking permission. Further printed copies of the consultation document can be obtained from:

DTI Publications Orderline
ADMAIL 528
London SW1W 8YT
Tel: 0845 015 0010
Fax: 0845 015 0020
www.dti.gov.uk/publications

Terms of Reference for ECA Review 2007
Scope
1. To examine the secondary legislation introduced in 2004 as a result of the Export Control Act 2002* to determine:

• whether these new controls achieved their desired effect
• whether the resulting impact upon business was proportionate and at an acceptable level
• whether any unintended or undesirable consequences – commercial or otherwise - have resulted

2. To review the Government’s administration and enforcement of the controls introduced under secondary legislation in 2004, and identify any administration and enforcement issues arising.

3. To determine whether any of these new controls should be extended, adapted, or abolished, taking account of evidence gained from the work carried out at points 1 and 2 above.

Methodology
The review will be conducted fully in accordance with Cabinet Office Better Regulation principles and will follow an evidence based approach.

Better Regulation principles
The changes to secondary legislation were introduced in 2004 in accordance with Cabinet Office Better Regulation principles, including a public consultation exercise and a Regulatory Impact Assessment.

The Final Regulatory Impact Assessment will be revisited during the course of this review, using information held within ECO, to confirm that its findings still hold good, and the conclusions of this internal work will form part of the consultation paper. Further evidence generated as a result of the public consultation exercise will be taken into account before final conclusions are reached on the impact of the secondary legislation introduced in 2004.

Similarly, the assessment of any proposals for new, extended, or altered controls will follow Cabinet Office Better Regulation principles, with the production of an initial Regulatory Impact Assessment, adequate public consultation, and a commitment to further review the impact of any necessary further changes to secondary legislation at a later date.

Evidence based approach
The key element of the Government’s own internal assessment of the effectiveness of existing controls will be the Government’s evidence, (mostly gleaned from licensing statistics and other case-based information). Contributions to the review from other parties should similarly be based on firm evidence, consistent with the Government’s commitment to evidence-based policy making and Better Regulation principles. In particular, requests to restrict, change or extend controls, or introduce entirely new ones, should be backed up by evidence of the scale or impact of the problem that needs solving and/or the business consequences of adopting any particular resolution method.

Export Control Organisation
Kingsgate House
66-74 Victoria Street
London
SW1E 6SW

18 June 2007

* Whilst primary legislation under the Export Control Act 2002 is not the subject of this review, if a change is agreed which can only be effected through amending primary legislation, then this course of action will be followed.