Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003

Articles 4 and 7

SCHEDULE 2 U.K. PROHIBITED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY

Note: In this Schedule, defined terms are printed in quotation marks.

[F1 General Technology Note U.K.

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”.

Textual Amendments

F1 Words in Sch. 2 inserted (6.6.2006) by The Export Control Order 2006 (S.I. 2006/1331), arts. 1(1), 4

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.]

Textual Amendments

F1 Words in Sch. 2 inserted (6.6.2006) by The Export Control Order 2006 (S.I. 2006/1331), arts. 1(1), 4

Definitions U.K.

In this Schedule:

“development” means all stages prior to “production”(e.g., design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into “goods”, configuration design, integration design, layouts);

“energetic materials” means substances or mixtures that react chemically to release energy required for their intended application; “explosives”, “pyrotechnics” and “propellants” are subclasses of energetic materials;

“explosives” means solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate;

[F2 “lighter-than-air vehicles” means balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift;]

“previously separated” means the application of any process intended to increase the concentration of the controlled isotope;

“production” means all production stages (e.g., product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance);

“propellants” means substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work;

“pyrotechnic(s)” means mixtures of solid or liquid fuels and oxidisers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation; pyrophorics are a subclass of pyrotechnics, which contain no oxidisers but ignite spontaneously on contact with air;

[F3 “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;]

“technology” means specific “information” necessary for the “development”, “production” or “use” of “goods” or “software”;

Technical Note: “Information” may take forms including, but not limited to: blueprints, plans, diagrams, models, formulae, tables, “source code”, engineering designs and specifications, manuals and instructions written or recorded on other media or devices (e.g., disk, tape, read-only memories); “Source code”(or source language) is a convenient expression of one or more processes which may be turned by a programming system into equipment executable form.

“use” means operation, installation (e.g., on-site installation), maintenance, checking, repair, overhaul and refurbishing;

“vaccines” are medicinal products in a pharmaceutical formulation licensed by, or having marketing or clinical trial authorisation from, the regulatory authorities of either the country of manufacture or of use, which is intended to stimulate a protective immunological response in humans or animals in order to prevent disease in those to whom or to which it is administered.

Textual Amendments

F2 Words in Sch. 2 inserted (19.7.2007) by The Export and Trade Control Order 2007 (S.I. 2007/1863), art. 1(1), Sch. 2 para. 1

F3 Words in Sch. 2 inserted (6.6.2006) by The Export Control Order 2006 (S.I. 2006/1331), arts. 1(1), 5

MATERIALS, CHEMICALS, MICRO-ORGANISMS AND TOXINS U.K.

F4 ... U.K.

F4 ...

Textual Amendments

F4 Words in Sch. 2 omitted (30.7.2006) by virtue of The Export Control (Security and Para-military Goods) Order 2006 (S.I. 2006/1696), arts. 1, 14

PL9002 U.K.

The export of the following “goods” is prohibited to any destination:

“Energetic materials”, as follows, and mixtures containing one or more thereof:

(a.) Nitrocellulose (containing more than 12.5% nitrogen);

(b.) Nitroglycol;

(c.) Pentaerythritol tetranitrate (PETN);

(d.) Picryl chloride;

(e.) Trinitrophenylmethylnitramine (tetryl);

(f.) 2,4,6-Trinitrotoluene (TNT).

Note: PL9002 does not control single, double and triple base “propellants”.

PL9003 U.K.

The export of the following “goods” is prohibited to any destination:

“Vaccines” for protection against:

(a.) bacillus anthracis;

(b.) botulinum toxin.

PL9004 U.K.

The export of the following “goods” is prohibited to any destination:

“Previously separated” americium-241, -242m or -243 in any form.

Note: PL9004 does not control “goods” with an americium content of 10 grams or less.

TELECOMMUNICATIONS AND RELATED TECHNOLOGY U.K.

PL9005 U.K.

The export or “transfer” of the following “goods” or “technology” is prohibited to any destination in Iran F5 ...:

(a.) Tropospheric scatter communication equipment using analogue or digital modulation techniques and specially designed components therefor;

(b.) “Technology” according to the General Technology Note F5 ... for the “development”, “production” or “use” of “goods” [F6 specified] in PL9005.a.

Textual Amendments

F5 Words in Sch. 2 omitted (6.6.2006) by virtue of The Export Control Order 2006 (S.I. 2006/1331), arts. 1(1), 6

F6 Word in Sch. 2 inserted (3.6.2008) by The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 (S.I. 2008/1281), art. 1(1), Sch. 2 para. 1

VESSELS AND RELATED SOFTWARE AND TECHNOLOGY U.K.

PL9008 U.K.

The export or “transfer” of the following “goods”, “software” or “technology”, is prohibited to any destination in Iran F5 ...:

[F7 (a.) “Vessels”, inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Part I of Schedule 1 to this Order or Annex I to “the Regulation”:

(1.) Marine “vessels” (surface or underwater), inflatable craft and ‘submersible vehicles’;

(2.) Equipment and components, designed for “vessels”, inflatable craft and ‘submersible vehicles’ as follows:

(a.) Hull and keel structures and components;

(b.) Propulsive engines designed or modified for marine use and specially designed components therefor;

(c.) Marine radar, sonar and speed log equipment, and specially designed components therefor;.]

(b.) “Software” designed for the “development”, “production” or “use” of “goods” [F8 specified] in PL9008.a.;

(c.) “Technology” according to the General Technology NoteF5 ...for the “development”, “production” or “use” of “goods” or “software” [F9 specified] in PL9008.a. or PL9008.b.

[F10 Technical Note:

‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles.]

Textual Amendments

F5 Words in Sch. 2 omitted (6.6.2006) by virtue of The Export Control Order 2006 (S.I. 2006/1331), arts. 1(1), 6

F7 Words in Sch. 2 substituted (3.6.2008) by The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 (S.I. 2008/1281), art. 1(1), Sch. 2 para. 2

F8 Word in Sch. 2 inserted (3.6.2008) by The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 (S.I. 2008/1281), art. 1(1), Sch. 2 para. 3

F9 Word in Sch. 2 inserted (3.6.2008) by The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 (S.I. 2008/1281), art. 1(1), Sch. 2 para. 4

F10 Words in Sch. 2 inserted (3.6.2008) by The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 (S.I. 2008/1281), art. 1(1), Sch. 2 para. 5

AIRCRAFT AND RELATED TECHNOLOGY U.K.

PL9009 U.K.

The export or “transfer” of the following “goods” or “technology” is prohibited to any destination in Iran F5 ...:

(a.) “Aircraft” [F11 , “lighter-than-air vehicles” and steerable parachutes,] and related equipment and components, as follows, other than those [F12 specified in] Part I of Schedule 1 to this Order or Annex I to “the Regulation”:

(1.) “Aircraft” [F13 , “lighter-than-air vehicles” and steerable parachutes];

(2.) Equipment and components designed for “aircraft” [F14 and “lighter-than-air-vehicles,”] as follows:

(a.) Airframe structures and components;

(b.) Aero-engines and specially designed components therefor;

(c.) Avionics and navigation equipment and specially designed components therefor;

(d.) Landing gear and specially designed components therefor, and aircraft tyres;

(e.) [F15 Propellers and rotors;]

(f.) [F15 Transmissions and gearboxes, and specially designed components therefor;]

(g.) [F15 Unmanned aerial vehicle (UAV) recovery systems;]

F16 (b.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c.) “Technology” according to the General Technology Note F5 ... for the “development”, “production” or “use” of “goods” [F17 specified] in PL9009.a.F18 ...

Note: PL9009.c. does not control technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable “goods” that are necessary for the continuing airworthiness and safe operation of civil “aircraft”.

Textual Amendments

F5 Words in Sch. 2 omitted (6.6.2006) by virtue of The Export Control Order 2006 (S.I. 2006/1331), arts. 1(1), 6

F11 Words in Sch. 2 inserted (3.6.2008) by The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 (S.I. 2008/1281), art. 1(1), Sch. 2 para. 6(a)

F12 Words in Sch. 2 substituted (3.6.2008) by The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 (S.I. 2008/1281), art. 1(1), Sch. 2 para. 6(b)

F13 Words in Sch. 2 substituted (19.7.2007) by The Export and Trade Control Order 2007 (S.I. 2007/1863), art. 1(1), Sch. 2 para. 2

F14 Words in Sch. 2 substituted (19.7.2007) by The Export and Trade Control Order 2007 (S.I. 2007/1863), art. 1(1), Sch. 2 para. 3(a)

F15 Words in Sch. 2 inserted (19.7.2007) by The Export and Trade Control Order 2007 (S.I. 2007/1863), art. 1(1), Sch. 2 para. 3(b)

F16 Entry in Sch. 2 omitted (19.7.2007) by virtue of The Export and Trade Control Order 2007 (S.I. 2007/1863), art. 1(1), Sch. 2 para. 4

F17 Word in Sch. 2 inserted (3.6.2008) by The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 (S.I. 2008/1281), art. 1(1), Sch. 2 para. 7

F18 Words in Sch. 2 omitted (19.7.2007) by virtue of The Export and Trade Control Order 2007 (S.I. 2007/1863), art. 1(1), Sch. 2 para. 5