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Current UK Strategic Export Control Legislation

Details of the current UK export control legislation operated by BERR's Export Control Organisation with effect from 19 July 2007 which covers the following areas:

  • Military equipment, security and para-military goods, dual-use items and other goods controlled for strategic reasons
  • End–Use Control (Weapons of Mass Destruction; Military End Use)
  • Trade Sanctions
  • Arms Embargoes; Export Restrictions; Measures against Terrorists

Click on the link in the right hand column for details of the Export Control Act 2002. 

Non-ECO Export Controls
To find out about export controls not administered by ECO, and who you should contact about exporting goods like chemicals, prescription drugs, fauna and flora, antiques etc click on the link in the right hand column. 

Military equipment, security and para-military goods, dual-use items and other items whose export is subject to control for strategic reasons

The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (S.I.2003/2764)("the Main Order"), as amended by

S.I. 2004/1050

amends PL5001.c;

S.I. 2004/2561         

amends Schedule 5;

S.I. 2004/2741          

removes Libya from Article 11;

S.I. 2005/232            

removes Iraq from Article 11 and adds Iraq and Ivory Coast to Schedule 3;

S.I. 2005/468            

customs changes;

S.I. 2005/3257           

adds Uzbekistan to Schedule 3;

S.I. 2006/300            

removes Bosnia and Herzegovina from Schedule 3;

S.I.2006/1331            

 

removes Iraq from entries PL9005, PL9008 and PL9009 in Schedule 2; replaces Schedule 1 (“the military list”) with a new Schedule 1; and adds a General Technology Note to Schedule 2.                      

S.I. 2006/1696

National exclusions from the relaxation on transhipment controls which are  defined under Article 11 (11) (b) of the main Order are revised to reflect the  new  mix of national and Community controls;

 

A number of goods previously controlled at a national level under ML7, PL5001, and PL9001 have been deleted or reduced in scope to avoid any overlap with those applied directly by the Regulation for export from the    Community;

 A new Schedule 1A introduced to apply national controls to exports to EU destinations and transhipment for goods whose export from the Community is controlled directly by the Regulation

S.I. 2007/1863

The amending Order makes a number of changes to Schedule 1 and Schedule 2 to the main Order. These are a consequence of the latest review of the Wassenaar Arrangement (WA), as well as some national policy changes.

 
The Technical Assistance Control Regulations 2006 (S.I.2006/1719)
Provides for licensing, enforcement and application of penalties in respect to the import of technical assistance related to goods listed in Annex II to Council Regulation (EC) No.1236/2005. 


Trade in Goods (Control) Order 2003 (S.I.2003/2765), as amended by

S.I. 2005/443  

customs changes;

S.I. 2006/1696            

trade controls are extended to all goods listed in Annexes II and III to the 2005 Regulation; and

 

Definitions of “Controlled Goods” and “Restricted Goods” are revised to reflect the additional trade controls.

 
Trade in Controlled Goods (Embargoed Destinations) Order 2004 (S.I. 2004/318), as amended by

S.I. 2004/1049            

amends Article 8;

S.I. 2004/2741          

removes Libya from the Schedule;

S.I. 2005/232            

adds Ivory Coast to the Schedule;

S.I. 2005/445            

customs changes;

S.I. 2005/3257          

adds Uzbekistan to the Schedule;

S.I. 2006/300 

removes Bosnia and Herzegovina from the Schedule.

S.I. 2006/1696            

trade controls are extended to all goods listed in Annexes II and III to the  2005 Regulation; and

 

definitions of “Controlled Goods” are revised to reflect the additional trade controls.



Council Regulation (EC) No.1334/2000 (O.J. L159, 30.6.2000. p1)("the EC Regulation"), as amended by

Council Regulation (EC) No.2432/2001   

amends Article 14;

Council Regulation (EC) No. 394/2006

replaces all Annexes.



Council Regulation (EC) No.1236/2005 (O.J.L200, 30.07.2005. p1)("the 2005 Regulation"):
Concerns trade in certain equipment and products which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.


End Use Control

Weapons of Mass Destruction
Provision is made in Article 4 of the EC Regulation, and Article 4(2)(c), 4(3), 5(1), 7(2)(c), 7(3) of the Main Order to prohibit in certain circumstances the export and transit without a licence of dual-use items not listed in Annex I of the EC Regulation to a final destination other than an EU Member State and goods other than dual-use items to any destination which:
  • the exporter has been informed by a competent authority of the Member State where he is established that they are or may be intended, in their entirety or in part, to be used in connection with Chemical, Biological or Nuclear Weapons or other nuclear explosive devices, or missiles capable of delivering such weapons; or
  • the exporter has grounds for suspecting are or may be intended , in their entirety or in part, in connection with Chemical, Biological or Nuclear Weapons or other nuclear explosive devices, or missiles capable of delivering such weapons, unless he has made all reasonable enquiries as to their proposed use and is satisfied that the items will not be so used. 

Provision is made in Article 8 and 9 of the Main Order to prohibit, without a licence, electronic and non-electronic transfer of software and technology either within the UK (where there is reason to believe that such software or technology may be used outside the EC) or outside the European Community where they have been informed by the Secretary of State or are aware that it is intended in its entirety or in part for any WMD use.

Provision is made under Article 10 of the Main Order to prohibit, without a licence, directly or indirectly to a person outside the EC any technical assistance related to the supply, delivery, manufacture, maintenance or use of anything where they have been informed by the Secretary of State or are aware that it is intended in its entirety or in part for any WMD use.

Military End Use
Provision is made in Article 4 of the EC Regulation to prohibit in certain circumstances the export without a licence of dual-use items not listed in Annex I of the EC Regulation if the exporter has been informed by the competent authorities of the Member State in which he is established that they are or may be intended, in their entirety or in part:

  • for a military end-use*  and the purchasing country or country of destination is subject to an arms embargo decided by a Common Position or Joint Action adopted by the Council of the European Union or a decision of the OSCE or imposed by a binding resolution of the Security Council of the United Nations; or
  • for use as parts or components of military items listed in the national military list that have been exported from the territory of the Member State concerned without authorisation or in violation of an authorisation prescribed by national legislation of that Member State.

In addition if the exporter is aware that dual-use items not listed in Annex I of the EC Regulation, are intended in their entirety or in part, for any of the uses referred to in paragraph 2 and 3 above he must notify the competent authorities who will decide whether or not to make the export concerned subject to authorisation.

Provision is also made in Article 4(2)(c) to prohibit, in accordance with Article 4(1)(2)(3) or (4) of the EC Regulation, (paragraphs 2, 3 and 4 above), the export of dual-use items not listed in Annex I of the EC Regulation and not specified in Schedule 2 of the Main Order to another Member State where the exporter knows at the time of export that the final destination of those items is outside the European Community and no processing or working is to be performed on those items in the Member State to which they are to be exported.

Guidance on the "End-Use Control", is in the Licensing Policy section on this website or from the ECO Helpline (details below).

Trade Sanctions
Sanctions vary widely in scope, for example, with the exception of certain humanitarian goods they may prohibit all trade placing restrictions upon exports, imports, financial transactions, communications and transportation. But sanctions can be more limited, for example restricting the export of certain goods only. Further information about sanctions and licensing under sanctions legislation is available from:

Special Casework Licensing Unit
3rd Floor, Kingsgate House,
66-74 Victoria Street,
London SW1E 6SW
Tel 020 7215 4544  
Fax 020 7215 4539

Arms Embargoes; Export Restrictions; Measures against Terrorists
The Foreign and Commonwealth Office publishes a list of sanctions regimes, arms embargoes and restrictions on the export of strategic goods (on a country by country basis); a list of export control restrictions applying to all countries and a list of measures against terrorists (not territory specific). These lists can be accessed through the Foreign and Commonwealth Office's Internet website; and the ECO website also has a Sanctions and Embargoes section.  Click on the relevant links in the right hand column.

Where to get information on changes to controls
You can obtain further guidance on export controls and Open General Licences issued by the ECO from:

3rd Floor, Kingsgate House,
66-74 Victoria Street, London SW1E 6SW

Fax 020 7215 0531
e-mail eco.help@dti.gsi.gov.uk;

July 2007

*  For the purpose of the Regulation "military end-use" is defined as (i) incorporation into military items listed in the military list of Member States; (ii) use of production, test or analytical equipment and components therefore for development, production or maintenance of military items listed in (i); and (iii) use of any unfinished products in a plant for the production of military items listed in (i).