The Trade in Controlled Goods (Embargoed Destinations) Order 2004

Explanatory Note

(This note is not part of the Order)

The Trade in Controlled Goods (Embargoed Destinations) Order 2004, made under the Export Control Act 2002, prohibits trade in certain goods between any overseas country and the embargoed destinations listed in the Schedule. In this Order, these goods are referred to as “controlled goods”, and are found in Part 1 of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (S.I. 2003/2764). The controls in this Order do not apply to software and technology or to activities connected to trade in controlled goods that are situated in the United Kingdom (with the exception of goods in transit via the United Kingdom).

In relation to controlled goods, article 3 of this Order prohibits any person within the United Kingdom, or a United Kingdom person anywhere in the world, from supplying or delivering, agreeing to supply or deliver, or doing any act calculated to promote the supply or delivery of, controlled goods to any embargoed destination listed in the Schedule, without a licence from the Secretary of State.

The remaining articles in this Order do the following:

• Articles 4–7 provide for the issuing and revocation of licences granted by the Secretary of State, registration, record keeping and inspection and licence refusals and appeals;

• Articles 8–11 provide for offences, enforcement and penalties for the breach of the controls created by this Order;

• Article 12 sets out the purposes for which information obtained by the Secretary of State, or the Commissioners for Customs and Excise, can be disclosed; and

• Article 13 of this Order states the address where notices to be given by any person under this Order are to be sent.

Guidance issued pursuant to section 9 of the Export Control Act 2002 on the operation of these controls, and a full regulatory impact assessment on the effect that this instrument will have on the costs of business, are available from http://www.dti.gov.uk/export.control/ or the ECO helpline—Telephone [phone], Fax [phone] or Email: [e-mail].