The Export Control Order 2006

1.—(1) This Order may be cited as the Export Control Order 2006 and shall come into force on 6th June 2006.

(2) In this Order—

“the 2003 Order” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance Order 2003(1);

“the Trade Order” means the Trade in Goods (Control) Order 2003(2); and

“the 2004 Order” means the Trade in Controlled Goods (Embargoed Destinations) Order 2004(3).

2.  In articles 15(4) and 23 of the 2003 Order omit “, 4 Abbey Orchard Street, London SW1P 2HT”.

3.  For Schedule 1 to the 2003 Order substitute the provisions set out in the Schedule to this Order.

4.  Insert before the definitions in Schedule 2 to the 2003 Order the following:

“General Technology Note

1.   Subject to paragraph 2 below, the export or transfer of “technology” in this Schedule is prohibited by articles 4 and 7 of this Order if it is “required” for the “development”, “production” or “use” of “goods” or “software” in this Schedule, whether or not the “technology” being exported or transferred in the particular case is intended to be applied in respect of such “goods” or “software”.

2.  The prohibitions in articles 4 and 7 do not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of “goods” or “software” not in this Schedule, to “technology” “in the public domain”, to “basic scientific research” or to the minimum necessary for patent applications.”

5.  Insert the following definition after the definition of “pyrotechnic(s)” in Schedule 2 to the 2003 Order, ““required” as applied to “technology”, refers only to that portion of “technology” which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such “required” “technology” may be shared by different goods.”.

6.  In entries PL 9005, PL 9008 and PL9009 in Schedule 2 to the 2003 Order omit “or Iraq” and omit “of Schedule 1 to this Order” from the words “the General Technology Note of Schedule 1 to this Order.”.

7.  In articles 8(4) and 14 of the Trade Order and articles 7(4) and 13 of the 2004 Order omit “, 4 Abbey Orchard Street, London SW1P 2HT”.

Malcolm Wicks

Minister of State for Energy

Department of Trade and Industry

9th May 2006