The Dual-Use Items (Export Control) Regulations 2000

Exports of dual-use items

4.—(1) Subject to Article 6(1), a Community Licence is the authorisation required by:

(a) Article 3(1) for the export from the European Community of any item listed in Annex I; and

(b) paragraphs 1, 2 and 3 of Article 4 for the export from the European Community, in the circumstances respectively described in those paragraphs, of dual-use items not listed in Annex I.

(2) A licence granted by the Secretary of State is the authorisation required by Article 21(1) for the export to another Member State of items listed in Annex IV.

(3) Subject to the provisions of these Regulations:

(a) no person shall export any items specified in Schedule 2 contrary to a prohibition set out in that Schedule;

(b) no person shall make to any destination any export consisting of the transmission by fax, telephone or other electronic media of dual-use items in the form of software or technology which are items in transit and which—

(i) that person (or, if that person is not within the United Kingdom, any agent of that person within the United Kingdom concerned in the export or intended export) has been informed by a competent authority are or may be intended, in their entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons, or

(ii) that person is aware are intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (i), or

(iii) that person has grounds for suspecting are or may be intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (i), unless that person has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used;

(c) no person shall export to any destination not in a Member State any dual-use items which that person has grounds for suspecting are or may be intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (b)(i), unless that person has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used; and

(d) no person shall export to a destination in a Member State—

(i) any items listed in Annex I but not in Annex IV,

(ii) any items specified in Schedule 2, or

(iii) any dual-use items not listed in Annex I and not specified in Schedule 2 but for the export of which from the European Community an authorisation is required in accordance with Article 4(1), (2) or (3) or under Article 4(4),

if that person knows at the time of export that the final destination of those items is outside the European Community and no processing or working is to be performed on those items in any Member State to which they are to be exported.

(4) Subject to the provisions of these Regulations, paragraph (3) does not prohibit the export of any items in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.

(5) No person shall make any export consisting of the transmission by fax, telephone or other electronic media of dual-use items in the form of software or technology—

(a) to any destination not in a Member State, if the export is contrary to the restriction imposed by Article 3(1);

(b) to any destination in a Member State, if the export is contrary to the restriction imposed by Article 21(1).

(6) Subject to the provisions of these Regulations:

(a) paragraph (5)(a) does not prohibit the export of any items under the authority of the Community General Export Authorisation, or in relation to which a licence in writing has been granted by the Secretary of State or a Community Licence has been granted by any competent authority, provided that all conditions applying to that Authorisation or attaching to the licence or Community Licence are complied with; and

(b) paragraph (5)(b) does not prohibit the export of any items in relation to which a licence in writing has been granted by the Secretary of State provided that all conditions attaching to the licence are complied with.