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Amendment to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order ("The Main Order")

NOTICE TO EXPORTERS 2008/07

  1. The Department for Business, Enterprise and Regulatory Reform has made amendments to the 2003 Order and to the list of “Restricted Goods” in the Trade in Goods (Control) Order 2003 (“the Trade Order”). The relevant amendments appear in:

  2. The amending order makes changes to Schedule 1 of the 2003 Order and Schedule 2 to the Trade Order. These are as a consequence of the Governments commitment to add “sting sticks” to the current UK list of torture equipment, following its Post Implementation Review of the secondary legislation introduced in 2004 under the Export Control Act 2002.

  3. The changes are:.

    1. In Schedule 1 to the 2003 Order, a new entry PL5001.i. has been added to control “Hand-held, spiked batons.”

    2. In Schedule 2 to the Trade Order, after paragraph 4, a new paragraph 4A “Hand-held, spiked batons.” Has been included.

    3. In addition the amending Order clarifies that the reference, in the definition of “controlled goods” in article 2(1) of the Trade in Controlled Goods (Embargoed Destinations) Order 2004(d), to Schedule 1 to the 2003 Order shall be construed as a reference to that Schedule as amended by this Order.

The amending Order will come into force on 6 April 2008.

Background

  1. The Government made a commitment in its initial response to the 2007 review of export controls, to extend the controls enacted by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003, to cover the export and trading of hand-held, spiked batons (commonly referred to as “sting sticks”).

  2. The Government considers that “sting sticks” are, by their nature, designed for the purposes of torture or similar inhumane acts and have no other legitimate use. Therefore the Government believes that, in common with other equipment of a similar nature, the UK should apply the most stringent level of controls on the export and trading of “sting sticks”. It announced its intention to introduce these new controls in a Written Statement from Malcolm Wicks MP, Minister of State for Energy, dated 6 February 2008.

  3. The Order will deliver on this commitment by introducing controls on the export of sting sticks from the UK, and the trading of sting sticks between one third country and another third country, where any part of that trading takes place within the UK, or where it takes place anywhere in the world if carried out by a UK person.

Export Control Organisation

This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

6 April 2008

Notice 200807

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