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Export Control Act 2002

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This is the original version (as it was originally enacted).

3Technical assistance controls

This section has no associated Explanatory Notes

(1)The Secretary of State may by order make provision for or in connection with the imposition of technical assistance controls in relation to technical assistance of any description.

(2)For this purpose—

  • “technical assistance controls”, in relation to any technical assistance, means the prohibition or regulation of participation in the provision outside the United Kingdom of that technical assistance; and

  • “technical assistance” means services which are provided or used, or which are capable of being used, in connection with the development, production or use of any goods or technology.

(3)Technical assistance may be described in the order wholly or partly by reference to the uses to which it (or the goods or technology in question) may be put.

(4)The power to impose technical assistance controls—

(a)shall only be exercised for the purpose of imposing controls corresponding to or connected with—

(i)any export controls or transfer controls imposed under section 1 or 2; or

(ii)any controls imposed by a directly applicable Community provision on the exportation of goods or the transfer of technology; and

(b)is subject to section 5.

(5)For the purposes of subsection (1) a person participates in the provision of technical assistance outside the United Kingdom if—

(a)he provides technical assistance outside the United Kingdom or agrees to do so; or

(b)he makes arrangements under which another person provides technical assistance outside the United Kingdom or agrees to do so.

(6)The Secretary of State may by order make provision in connection with any controls that may be imposed by a directly applicable Community provision on participation in the provision of technical assistance.

(7)Technical assistance controls may be imposed on acts done outside the United Kingdom, but only if they are done by a person who is, or is acting under the control of, a United Kingdom person.

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