The Export of Goods (Control) (Amendment No. 7) Order 1991

Statutory Instruments

1991 No. 1583

CUSTOMS AND EXCISE

The Export of Goods (Control) (Amendment No. 7) Order 1991

Made

9th July 1991

Coming into force

10th July 1991

The Secretary of State, in exercise of powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939(1), and now vested in him(2), and of all other powers enabling him in that behalf, hereby makes the following Order:

1.  This Order may be cited as the Export of Goods (Control) (Amendment No. 7) Order 1991 and shall come into force on 10th July 1991.

2.  The Export of Goods (Control) Order 1989(3) shall be further amended as follows:

(a) in article 1(2) the following definitions shall be inserted:

(i) after the definition of “aircraft”:

““bovine offal” means the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal over six months of age which has died or has been slaughtered, as the case may be, in the United Kingdom;”;

(ii) after the definition of “importation” and “exportation”:

• ““intestines” in the definition of “bovine offal” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;”;

(b) in article 2, for sub-paragraph (xv)(a) there shall be substituted the following:

“(a) if the exporter knows that they are intended or likely to be used in

(i) the development, production, handling, detection, identification or storage of chemical or biological weapons or of any chemical, toxin, micro-organism or other biological agent used in the development or production of such weapons;

(ii) the disposal of waste arising out of the development or production of chemical or biological weapons, or of any chemical, toxin, micro-organism or other biological agent used in the development or production of such weapons;

(iii) the development, production, handling, detection, identification or storage of any vaccine, toxoid, protein or immunoglobulin for protection against, or the treatment of, the harmful effects of any chemical, toxin, micro-organism or other biological agent used in such weapons;

(iv) the development, production, handling or storage of nuclear weapons; or

(v) the development, production, handling or storage of missiles capable of delivering nuclear, chemical or biological weapons;”;

(c) in Group A in Part I of Schedule 1 (Goods specified by reference to Headings and Sub-headings of the Combined Nomenclature (“CN”)), there shall be inserted, after CN heading “010410”, the following:

“ex 0206	bovine offal ... ... ... ...	E
ex 0210	protein derived from bovine offal ... ... ... ...	E
ex 0504	bovine offal ... ... ... ...	E
ex 0511	bovine offal and protein derived from such offal ... ... ... ...	E
ex 2301	protein derived from bovine offal ... ... ... ...	E
ex 2309	feeding stuff containing bovine offal or protein derived from such offal ... ... ... ...	E”;

(d) in Group 3D in Part II of Schedule 1, for entry IL 1362 there shall be substituted the following entry:

“IL 1362 Vibration test equipment the following—
(a) Vibration test equipment using digital control techniques, with a thrust of 100 kN (22,500 lb) or more and specially designed components and specially designed ODMA software therefor ... ... ... ...	C
(b) High intensity acoustic test equipment capable of producing an overall sound pressure level of 140 dB or greater (referenced to 2 × 10 −5 N/m2 or with a rated output of 4kW or greater and specially designed components and specially designed ODMA software therefor ... ... ... ... except analogue equipment.	C
(c) Ground vibration (including model survey) test equipment that uses digital control techniques and specially designed components and specially designed ODMA software therefor ... ... ... ...	C”;

(e) in Group 3I in Part II of Schedule 1, for entry PL 7007 there shall be substituted the following entry:

“PL 7007 Chemicals, the following—
(a) Ammonium hydrogen fluoride ... ... ... ...	A
(b) Arsenic trichloride ... ... ... ...	A
(c) Benzilic acid ... ... ... ...	A
(d) 2-chloroethanol ... ... ... ...	A
(e) Diethylaminoethanol ... ... ... ...	A
(f) Diethyl ethylphosphonate ... ... ... ...	A
(g) Diethyl methylphosphonite ... ... ... ...	A
(h) Diethyl-N, N-dimethylphosphoramidate ... ... ... ...	A
(i) Diethyl phosphite ... ... ... ...	A
(j) Di-isopropylamine ... ... ... ...	A
(k) Dimethylamine ... ... ... ...	A
(l) Dimethylamine hydrochloride ... ... ... ...	A
(m) Dimethyl ethylphosphonate ... ... ... ...	A
(n) Dimethyl methylphosphonate ... ... ... ...	A
(o) Dimethylphosphite ... ... ... ...	A
(p) Ethyl phosphinyl dichloride ... ... ... ...	A
(q) Ethyl phosphinyl difluoride ... ... ... ...	A
(r) Ethyl phosphonyl dichloride ... ... ... ...	A
(s) Ethyl phosphonyl difluoride ... ... ... ...	A
(t) 3-hydroxy-l-methylpiperidine ... ... ... ...	A
(u) Hydrogen fluoride ... ... ... ...	A
(v) Methyl benzilate ... ... ... ...	A
(w) Methyl phosphinyl dichloride ... ... ... ...	A
(x) Methyl phosphinyl difluoride ... ... ... ...	A
(y) Methyl phosphonyl dichloride ... ... ... ...	A
(z) Methyl phosphonyl difluoride ... ... ... ...	A
(aa) N, N-diisopropyl-(Beta)-aminpoethane thiol ... ... ... ...	A
(bb) N, N-diisopropyl-(Beta)-amino ethanol ... ... ... ...	A
(cc) N, N-diisopropyl-(Beta)-aminoethyl chloride ... ... ... ...	A
(dd) O-ethyl-2-di-isopropylaminoethyl methylphosphonite ... ... ... ...	A
(ee) Pinacolone ... ... ... ...	A
(ff) Pinacolyl alcohol ... ... ... ...	A
(gg) Phosphorus oxychloride ... ... ... ...	A
(hh) Phosphorus pentachloride ... ... ... ...	A
(ii) Phosphorus pentasulphide ... ... ... ...	A
(jj) Phosphorus trichloride ... ... ... ...	A
(kk) Potassium bifluoride ... ... ... ...	A
(ll) Potassium cyanide ... ... ... ...	A
(mm) Potassium fluoride ... ... ... ...	A
(nn) 3-quinuclidinol ... ... ... ...	A
(oo) 3-quinuclidone ... ... ... ...	A
(pp) Sodium bifluoride ... ... ... ...	A
(qq) Sodium cyanide ... ... ... ...	A
(rr) Sodium fluoride ... ... ... ...	A
(ss) Sodium sulphide ... ... ... ...	A
(tt) Thiodiglycol ... ... ... ...	A
(uu) Thionyl chloride ... ... ... ...	A
(vv) Tri-ethanolamine ... ... ... ...	A
(ww) Triethyl phosphite ... ... ... ...	A
(xx) Trimethyl phosphite ... ... ... ...	A”;

and

(f) for Schedule 1A there shall be substituted the following:

Article 2(xv)

“SCHEDULE 1A

A	Any chemical, toxin, micro-organism or other biological agent;
B	Any vaccine, toxoid, protein or immunoglobulin capable of being used for protection against, or treatment of, any harmful effects of any chemical, toxin, micro-organism or other biological agent;
C	Any equipment or software capable of being used in the development, production or storage of any of the substances specified in paragraph A or B above;
D	Any equipment (including clothing) or software capable of being used in the handling of any of the substances specified in paragraph A or B above or in the disposal of waste arising out of the development or production of such substances;
E	Any equipment or software capable of being used in the detection or identification of any of the substances specified in paragraph A or B above;
F	Any equipment (including clothing), software or materials capable of being used in the development, production, handling or storage of nuclear weapons or missiles capable of delivering nuclear, chemical or biological weapons.”.

Mike Coolican

An Assistant Secretary,

Department of Trade and Industry

9th July 1991

Explanatory Note

(This note is not part of the Order)

This Order further amends the Export of Goods (Control) Order 1989.

1.  Export control is:

(a) introduced on exports to a country other than another Member State of the European Communities of bovine offal, protein derived from bovine offal and feeding stuff containing such offal or protein;

(b) introduced in relation to specified chemicals;

(c) amended on vibration test equipment.

2.  In addition further goods capable of being used in connection with the development or production of chemical, biological or nuclear weapons, antidotes to chemical or biological weapons or missiles capable of delivering chemical, biological or nuclear weapons are made subject to control

(i) if the exporter knows that they are intended or likely to be used for purposes related to chemical, biological or nuclear weapons; or

(ii) where the exporter knows or has grounds for suspecting they might be used for such purposes, unless he has made all reasonable enquiries as to their proposed use and satisfied himself that they will not be so used.

(1)

1939 c. 69.

(2)

See S.I. 1970/1537.

(3)

S.I. 1989/2376, amended by S.I. 1990/128, 735, 893, 1588, 1767 and 2632.