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The Export Control Order 2008

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  • Order restricted by S.I. 2020/733 reg. 65 (This amendment not applied to legislation.gov.uk. Regulations revoked prospectively by S.I. 2020/1278, regs. 1(2), 66(4))

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  • art. 43(7) inserted by S.I. 2019/137 reg. 4(29)(c) (This amendment not applied to legislation.gov.uk. Reg. 4(29) substituted immediately before IP completion day by S.I. 2020/1502, regs. 2(3), 7(10))

  1. Introductory Text

  2. PART 1 INTRODUCTORY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 2A.Crown application

  3. PART 2 EXPORT AND TRANSFER CONTROLS

    1. 3.Military goods, etc.

    2. 4.Movement of UK controlled dual-use goods, etc. to certain destinations

    3. 4A.Movement of certain medicinal products to the United States of America

    4. 4B.Movement of Libyan bank notes and coins

    5. 5.Movement of UK controlled dual-use goods, etc. within the customs territory

    6. 6.WMD purposes end-use control supplementing the dual-use Regulation

    7. 7.Control on transfers within the customs territory supplementing the dual-use Regulation

    8. 8.Transit controls supplementing the dual-use Regulation

    9. 9.Provisions supplementing the torture Regulation

    10. 9A.General prohibition

    11. 10.Transfers within the United Kingdom for WMD purposes

    12. 11.Transfers from outside the United Kingdom for WMD purposes

    13. 12.Transfers by non-electronic means from the United Kingdom for WMD purposes

    14. 12A. Military end-use control supplementing the dual-use Regulation

    15. 12B.Exceptions to military end-use control supplementing the dual-use Regulation

    16. 13.Exceptions for aircraft

    17. 14.Exceptions for vessels

    18. 14A.Exception for historic military vehicles

    19. 15.Exception for firearms – European firearms pass

    20. 16.Exception for firearms – firearm or shot gun certificate or permit

    21. 17.Transit or transhipment exception

    22. 18.Software and technology exceptions

  4. PART 3 TECHNICAL ASSISTANCE CONTROLS

    1. 19.End-use control on technical assistance

  5. PART 4 TRADE CONTROLS

    1. 20.Embargoed destinations

    2. 21.Category A goods

    3. 22.Category B goods

    4. 23.Category C goods

    5. 24.Exception for movement of goods within the customs territory

    6. 25.Exception for activities carried out in the Isle of Man

  6. PART 5 LICENCES, ETC.

    1. 26.Licences

    2. 27.Person authorised by UK licence to export goods

    3. 28.Registration with the Secretary of State

    4. 28A.Certificates (European military items)

    5. 29.Record keeping – general

    6. 30.Registration and record keeping – information security items

    7. 31.Inspection of records

    8. 32.Amendment, suspension and revocation of licences

    9. 33.Licence refusals, etc. and appeals

    10. 33A.Certificates: refusals, etc. and appeals

  7. PART 6 OFFENCES, ENFORCEMENT AND PENALTIES

    1. 34.Offences relating to prohibitions in Parts 2, 3 and 4

    2. 35.Offences relating to prohibitions and restrictions in the retained dual-use Regulation

    3. 36.Offences relating to prohibitions and restrictions in the torture Regulation

    4. 36A.Further offences relating to the prohibitions etc. in the torture Regulation

    5. 37. Misleading applications for licences or certificates

    6. 38.Failure to comply with licence conditions

    7. 39.Customs powers to require evidence of destination

    8. 40.Customs powers relating to dual-use goods

    9. 41.Application of CEMA in respect of offences

    10. 42.Increase of maximum penalty for prohibited exportation provided for in CEMA

  8. PART 6A Provisions relating to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement

    1. 42A.Interpretation

    2. Provisions relating to the EU defence-related products Directive

      1. 42B.Record-keeping requirement: EU-listed military item supplier

      2. 42C.Offence to contravene article 42B

      3. 42D.Secretary of State may certify Northern Ireland recipient undertaking

      4. 42E.Applying for certificate

      5. 42F.Secretary of State may grant certificate

      6. 42G.Establishing reliability of Northern Ireland recipient undertaking

      7. 42H.Secretary of State may amend, suspend, and revoke certificate

      8. 42I.Appeal of Secretary of State decision

      9. 42J.Offence relating to misleading application for certificate

    3. Provisions relating to the EU firearms Directive

      1. 42K.Exception in relation to Northern Ireland: European firearms pass holders

    4. Provisions relating to the EU dual-use Regulation

      1. 42L.Export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology

      2. 42M.Offence to contravene article 42L

      3. 42N.Exceptions in relation to Northern Ireland: dual-use goods, software, and technology

      4. 42O.Exception in relation to Northern Ireland: EU goods in transit

      5. 42P.Authorisation requirement: Article 11(1) of the EU dual-use Regulation

      6. 42Q.Record-keeping requirement: Article 27(4) of the EU dual-use Regulation

      7. 42R.Offences relating to prohibitions and restrictions in the EU dual-use Regulation

    5. Provisions relating to the EU torture Regulation

      1. 42S.Export control in relation to Northern Ireland: leg irons, gang chains, and portable electric shock devices

      2. 42T.Offence to contravene article 42S

      3. 42U.Exception in relation to Northern Ireland: category A and C goods

  9. PART 7 GENERAL

    1. 43.Use and disclosure of information

    2. 44.Service of notices

    3. 45.Revocations and transitional arrangements

    4. 46.Review of the implementation of the defence-related products Directive

  10. Signature

    1. SCHEDULE 1

      Goods Subject to Stricter Export and Trade Controls

      1. Definitions

      2. PART 1 Category A Goods

      3. PART 2 CATEGORY B GOODS

        1. 9.Small arms and light weapons within ML1 and ML2

        2. 10.Accessories and ammunition for small arms and light weapons within ML1 and ML2

        3. 10A.Non-military Firearms

        4. 11.Light weapons within ML4

        5. 12.Ammunition for light weapons within ML4

        6. 13.Hand grenades

        7. 14. MANPADS, missiles for them, associated equipment and their specially designed components

        8. 15.Long-range missiles

        9. 16.Anti-vehicle landmines

        10. 17.Components for “goods” within this Part

        11. 18.Battle tanks and armoured combat vehicles within ML6

        12. 19.Large-calibre artillery systems within ML2 and ML4

        13. 20.Combat aircraft and attack helicopters within ML10

        14. 21.Warships within ML9

        15. 22.Other missiles and missile launchers

    2. SCHEDULE 2

      MILITARY GOODS, SOFTWARE AND TECHNOLOGY

      1. Military, Security and Para-military Goods, Software and Technology and Arms, Ammunition and Related Material

    3. SCHEDULE 3

      UK CONTROLLED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY

    4. SCHEDULE 4

      COUNTRIES AND DESTINATIONS SUBJECT TO STRICTER EXPORT OR TRADE CONTROLS

      1. PART 1 EMBARGOED AND NO EXCEPTION FOR TRANSIT

      2. PART 2 EMBARGOED AND SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS

      3. PART 3 SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS

      4. PART 4 SUBJECT TO TRANSIT CONTROL FOR CATEGORY B GOODS

    5. SCHEDULE 5

      INFORMATION SECURITY ITEMS

      1. 1.In this Schedule— “business or academic collaborator”, in relation to...

      2. 2.The information security items specified in this Schedule are the...

      3. 3.The information specified in this Schedule is—

    6. SCHEDULE 6

      REVOCATIONS

  12. Explanatory Note

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