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Export Control Act 2002

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Section 5

SCHEDULEE+W+S+N.I.Categories of goods, technology and technical assistance

1(1)Export controls and trade controls may be imposed in relation to—E+W+S+N.I.

(a)military equipment;

(b)goods on which military technology is recorded or from which it can be derived; or

(c)goods intended, designed or adapted for use in the development or production of military equipment or military technology.

(2)Transfer controls may be imposed in relation to—

(a)military technology; or

(b)technology intended, designed or adapted for use in the development or production of military technology.

(3)Technical assistance controls may be imposed in relation to any services connected with the development, production or use of—

(a)any goods falling within sub-paragraph (1)(a), (b) or (c); or

(b)any technology falling within sub-paragraph (2)(a) or (b).

(4)In this paragraph (without prejudice to the generality of the terms)—

  • military equipment” includes—

    (a)

    firearms and other weapons (whether or not intended, designed or adapted for military use or in military use); and

    (b)

    goods intended, designed or adapted for military use (whether or not in military use); and

  • military technology” includes—

    (a)

    technology intended, designed or adapted for military use (whether or not in military use); and

    (b)

    technology intended, designed or adapted for use in connection with the development, production or use of military equipment or goods falling within sub-paragraph (1)(c).

(5)For the purposes of sub-paragraph (4) the reference to firearms and other weapons includes a reference to—

(a)component parts of firearms or other weapons;

(b)accessories for use with firearms or other weapons; and

(c)ammunition, missiles or projectiles of any kind which are intended, designed or adapted for use with firearms or other weapons.

2(1)Export controls may be imposed in relation to any goods the exportation or use of which is capable of having a relevant consequence.E+W+S+N.I.

(2)Transfer controls may be imposed in relation to any technology the transfer or use of which is capable of having such a consequence.

(3)Technical assistance controls may be imposed in relation to any technical assistance the provision or use of which is capable of having such a consequence.

(4)Trade controls may be imposed in relation to any goods the acquisition, disposal, movement or use of which is capable of having such a consequence.

3(1)For the purposes of paragraph 2 a relevant consequence, in relation to any activity, is a consequence (direct or indirect) of a kind mentioned in the following Table.E+W+S+N.I.

(2)The Table referred to above is as follows—

RELEVANT CONSEQUENCESE+W+S+N.I.

National security of the United Kingdom and other countriesE+W+S+N.I.

AAn adverse effect on—E+W+S+N.I.

(a)the national security; or

(b)the security of members of the armed forces,

of the United Kingdom (or any dependency), any Member state or any other friendly State.

Regional stability and internal conflictE+W+S+N.I.

BAn adverse effect on peace, security or stability in any region of the world or within any country.E+W+S+N.I.

Weapons of mass destructionE+W+S+N.I.

CThe carrying out anywhere in the world of acts which facilitate the development, production or use of weapons of mass destruction.E+W+S+N.I.

Breaches of international law and human rightsE+W+S+N.I.

DThe carrying out anywhere in the world of (or of acts which facilitate)—E+W+S+N.I.

(a)acts threatening international peace and security;

(b)acts contravening the international law of armed conflict;

(c)internal repression in any country;

(d)breaches of human rights.

Terrorism and crimeE+W+S+N.I.

EThe carrying out anywhere in the world of (or of acts which facilitate) acts of terrorism or serious crime anywhere in the world.E+W+S+N.I.

(3)The question whether an activity involving goods, technology or technical assistance of any particular description is capable of having a relevant consequence is to be determined by the Secretary of State at the time the order imposing the controls is made.

(4)In this paragraph—

  • country” includes a territory but does not include the United Kingdom or the Isle of Man; and

  • dependency” means the Isle of Man, any of the Channel Islands or a British overseas territory.

4Export controls may be imposed in relation to objects of cultural interest.E+W+S+N.I.

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