The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008

Explanatory Note

(This note is not part of the Order)

This Order amends the lists in the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”) that determine what goods and technology are subject to export controls. The content of these lists derives partly from an international regime known as the Wassenaar Arrangement. The Wassenaar Arrangement control lists were amended in December 2007 and the new Schedule 1 to the 2003 Order reflects those changes (principally an amendment of entry ML4.b., a new entry ML4.c. and the rewriting of entry ML21).

In addition, submersible vehicles are brought within our national controls on exports of dual-use items to Iran and there are other drafting changes.

Article 2(1) corrects an omission from the Export Control (Security and Para-military Goods) Order 2008(1). That Order brought so-called “sting sticks” and similar para-military police equipment within the scope of UK export and trade controls. Logically, like goods with similar uses, they should also have been made subject to transit licensing requirements. Article 2(1) has the effect that the general exemption in article 11 of the 2003 Order for goods in transit no longer applies to these newly controlled goods.

Article 2(4) of the Order updates the 2003 Order so that it refers to the most recent amendments to Council Regulation (EC) No 1334/2000(2) (often called the “dual-use Regulation”).

Article 2(5) puts beyond doubt that references in the legislation on trade controls (that is, controls that affect the movement of goods between States other than the UK) to Schedule 1 to the 2003 Order are to the amended Schedule 1. This makes sure that any new military items made subject to export controls are also made subject to trade controls.

A full regulatory impact assessment has not been produced for this instrument as minimal or no impact on the private or voluntary sectors is foreseen.

(1)

S.I. 2008/639.

(2)

OJ No L 159, 30.6.2000, p 1.