The Export of Goods (Control)(Amendment No. 2) Order 1997

Statutory Instruments

1997 No. 1008

CUSTOMS AND EXCISE

The Export of Goods (Control)(Amendment No. 2) Order 1997

Made

19th March 1997

Coming into force

29th April 1997

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), hereby makes the following Order:

1.  This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 1997 and shall come into force on 29th April 1997.

2.  In entry ML7 in Part III of Schedule 1 to the Export of Goods (Control) Order 1994(3) there shall be substituted for the words from “Toxicological agents” (where they first appear) to “chemical warfare (CW) agents” the words—

• “Toxicological agents, toxic chemicals, “tear gases”, related equipment, components, materials and “technology” as follows:

  (a)

  Toxicological agents and toxic chemicals, as follows:

  1.

  Biological agents and radioactive materials “adapted for use in war” to produce casualties in humans or animals, degrade equipment or damage crops or the environment, and chemical warfare (“CW”) agents;

  2.

  The chemicals listed in items (1) to (6) of the Schedule to the Chemical Weapons Act 1996(4), read with notes 2 and 3 of that Schedule, whether or not they are CW agents within entry ML7.a.;

  3.

  3-Quinuclidinyl benzilate (BZ) [CAS 6581-06-02];”.

Anthony Nelson,

Minister for Trade,

Department of Trade and Industry

19th March 1997

Explanatory Note

(This note is not part of the Order)

This Order makes two additions to entry ML7.a in Part III of Schedule 1 to the Export of Goods Control Order 1994.

The first addition is of items (1) to (6) in the Schedule to the Chemical Weapons Act 1996. That Schedule lists all the chemicals the export of which to all countries is controlled under the Chemical Weapons Convention 1993 (Cm. 2331). Items (7) (saxitoxin) and (8) (ricin) are to be controlled by Council Regulation (EC) 3381/94 on the control of exports of dual-use goods (O.J. L 367, 31.12.94, p. 1): see Council Decision 97/100/CFSP (O.J. L 34, 4.2.97, p. 1). Items (9) to (12) (precursors) are already expressly listed in entry ML7.b. Items (1) to (6) are already covered by the general words of entry ML7.a but not expressly listed.

The second addition is of the toxic chemical known as “BZ”. Its export to non-parties is controlled under the Chemical Weapons Convention. It is the only chemical so controlled which is not yet expressly listed in entry ML7 nor controlled or to be controlled under the Council Regulation.

(1)

1939 c. 69.

(2)

S.I. 1970/1537.

(3)

S.I. 1994/1191; the relevant amending Order is S.I. 1996/2663.

(4)

1996 c. 6.