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The Export Control Order 2008

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PART 5U.K.LICENCES, ETC.

LicencesU.K.

26.—(1) Nothing in Part 2, 3 or 4 prohibits an activity that is carried out under the authority of a UK licence.

(2) Unless it provides otherwise, a UK licence to export [F1goods, or to transfer software, specified in Schedule 2 or 3] also authorises the export or transfer of the minimum technology required for the installation, operation, maintenance and repair of the goods [F2or software] to the same destination as the goods [F3or software].

(3) A UK licence to supply or deliver goods subject to trade controls also authorises—

(a)agreeing to supply or deliver; or

(b)doing any act calculated to promote the supply or delivery of

the goods.

[F4(4) The Secretary of State may grant authorisations for the purposes of—

(a)Article 9 (rules about export authorisations) of the [F5assimilated] dual-use Regulation; and

(b)Articles 12 (rules about export authorisations) and 13 (rules about authorisations for brokering and technical assistance) of the EU dual-use Regulation.]

F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A licence granted by the Secretary of State may be—

(a)either general or granted to a particular person F7...;

(b)limited so as to expire on a specified date unless renewed;

(c)subject to, or without, conditions and any such condition may require any act or omission before or after the doing of the act authorised by the licence.

Textual Amendments

F1Words in art. 26(2) substituted (22.2.2017) by The Export Control (Amendment) Order 2017 (S.I. 2017/85), arts. 1, 2(3)(a)

F2Words in art. 26(2) inserted (22.2.2017) by The Export Control (Amendment) Order 2017 (S.I. 2017/85), arts. 1, 2(3)(b)

F3Words in art. 26(2) inserted (22.2.2017) by The Export Control (Amendment) Order 2017 (S.I. 2017/85), arts. 1, 2(3)(c)

Person authorised by UK licence to export goodsU.K.

27.—(1) For the purpose of article 26(1), but subject to paragraph (2) below, the exportation of goods to any destination outside the [F8United Kingdom] shall be regarded as being under the authority of a UK licence to, or for the benefit of, a particular person (“the licence holder”) only if—

(a)the licence holder is the person on whose behalf the exportation declaration is made [F9, where an export declaration is required,] and

(b)the licence holder is established within the [F8United Kingdom] and either—

(i)the licence holder is the owner of the goods or has a similar right of disposal over them; or

(ii)if no person who is the owner of the goods or has a similar right of disposal over them is established within the [F8United Kingdom], the licence holder is a party to one or more contracts under which the ownership of the goods or a similar right of disposal over them has passed to a person not established within the [F8United Kingdom] and pursuant to which the goods are to be, are being or have been exported from the [F8United Kingdom].

(2) Paragraph (1) does not apply if no person falls within sub-paragraph (b) of that paragraph or if the exportation is of goods imported into the United Kingdom for transit or transhipment.

Textual Amendments

Registration with the Secretary of StateU.K.

28.—(1) Not later than 30 days after—

(a)any person first does any act under the authority of a general licence granted by the Secretary of State that does not provide otherwise;

(b)any person established in the United Kingdom first does any act under the authority of the [F10general export authorisation],

the person in question shall give to the Secretary of State written notice of their name and the address at which copies of the records referred to in article 29(1) F11... of this Order or [F12the record-keeping provision] of the dual-use Regulation may be inspected by any person authorised by the Secretary of State or the Commissioners under article 31.

(2) A person who has given to the Secretary of State written notice of particulars under paragraph (1) shall, not later than 30 days after any change in those particulars, give to the Secretary of State notice of the changed particulars.

[F13(3) In this article, the “record-keeping provision” means—

(a)for the [F14assimilated] dual-use Regulation, Article 20(1);

(b)for the EU dual-use Regulation, Article 27(1).]

Textual Amendments

Certificates (European military items)U.K.

F1528A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Record keeping – generalU.K.

29.—[F16(1) The following must keep detailed registers or records—

(a)a person who acts under the authority of a general licence granted by the Secretary of State;

(b)a person who acts under the authority of the [F17general export authorisation] whilst established in the United Kingdom [F18.]F19...

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) The registers or records shall contain sufficient detail as may be necessary to allow the following information, where appropriate, to be identified in relation to each act carried out under the authority referred to in paragraph (1)—

(a)a description of the act;

(b)a description of the goods, software or technology to which the act relates;

(c)the date of the act or the dates between which the act took place;

(d)the quantity of the goods (if any) to which the act relates;

(e)the name and address of the person referred to in paragraph (1);

(f)the name and address of any consignee of the goods to which the act relates or any recipient of the software or technology to which the act relates;

(g)in so far as it is known to the person referred to in paragraph (1), the name and address of the end-user of the goods, software or technology to which the act relates;

(h)if different from the person referred to in paragraph (1), the name and address of the supplier of the goods (if any) to which the act relates;

(i)any further information required by the licence or authorisation referred to in paragraph (1).

(3) The registers or records referred to in paragraph (1) shall be kept—

(a)in the case of a general licence authorising an activity that would otherwise be prohibited by Part 4 of this Order, for at least four years from the end of the calendar year in which the authorised act took place;

(b)in any other case, for at least three years from the end of the calendar year in which the authorised act took place

or for such longer period as may be specified in the licence or authorisation referred to in paragraph (1).

F21(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Registration and record keeping – information security itemsU.K.

F2230.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Inspection of recordsU.K.

31.—(1) A person (“a relevant person”) who is required under article 29 F23... of this [F24Order, or Article 20(1) or (2) (record-keeping) of the [F25assimilated] dual-use Regulation or Article 27(1) or (2) (record-keeping) of the EU dual-use Regulation] to keep registers, records or documents (“compulsory records”) shall permit those compulsory records to be inspected and copied by a person authorised by the Secretary of State or the Commissioners.

(2) A person authorised by the Secretary of State or the Commissioners who produces, if required to do so, a duly authenticated document showing their authority, shall have the right at any reasonable hour to enter for the purpose of paragraph (1)—

(a)in the case of compulsory records required to be kept under article 29 F26... of this Order, the premises the address of which has been most recently notified to the Secretary of State under article 28 in relation to the records; or

(b)in the case of compulsory records required to be kept [F27under] [F28Article 20(1) or (2) (record-keeping) of the [F29assimilated] dual-use Regulation or Article 27(1) or (2) (record-keeping) of the EU dual-use Regulation], the premises the address of which has been most recently notified to the Secretary of State under article 28 in relation to the records or, if none, such other premises the address of which has been notified for this purpose.

(3) Where a relevant person keeps compulsory records in a form which is not legible, the relevant person shall at the request of a person authorised by the Secretary of State or the Commissioners reproduce the relevant records in a legible form.

Textual Amendments

Amendment, suspension and revocation of licencesU.K.

32.—(1) The Secretary of State may by notice—

(a)amend, suspend or revoke a licence granted by the Secretary of State;

(b)suspend or revoke a general licence granted by the Secretary of State as it applies to a particular licence user.

(2) A notice by the Secretary of State under paragraph (1), [F30under] [F31Article 13 (suspension, revocation, etc. of authorisations) of the [F32assimilated] dual-use Regulation, under Article 16(1) (suspension, revocation, etc. of export authorisations) or (4) (suspension, revocation etc. of brokering and technical assistance authorisations) of the EU dual-use Regulation] or under Article [F3321(5)] (suspension, revocation, etc. of authorisations) of the torture Regulation shall not take effect until—

(a)in the case of a notice affecting all users of a general licence, it has been published in a manner appearing to the Secretary of State to be suitable for securing that the notice is seen by persons likely to be affected by it;

(b)in any other case, it has been served on the holder of the licence or on the licence user affected.

Textual Amendments

Licence refusals, etc. and appealsU.K.

33.—(1) In the event that the Secretary of State decides not to grant a licence to any person who has applied for one, the applicant shall be provided with a written notification setting out the reason or reasons for the decision.

(2) In the event that the Secretary of State decides to suspend a licence other than a general licence, or to suspend a general licence as it applies to a particular licence user, the licence holder or licence user shall be provided with a written notification setting out the terms of the suspension and the reason or reasons for the decision.

(3) In the event that the Secretary of State decides to revoke a licence other than a general licence, or to revoke a general licence as it applies to a particular licence user, the licence holder or licence user shall be provided with a written notification setting out the reason or reasons for the decision.

(4) In the event that the Secretary of State decides to amend a licence other than a general licence, and does not do so at the request of the licence holder, the licence holder shall be provided with a written notification setting out the reason or reasons for the decision.

(5) Any person who has a right under any of paragraphs (1) to (4) to a written notification in respect of a decision made by the Secretary of State shall have 28 days beginning with the date of the written notification in which to submit an appeal against the decision in writing to the Secretary of State, Export Control Organisation, [F34Department for Business and Trade].

(6) Any appeal submitted under paragraph (5) shall specify the grounds on which that appeal is made and may provide further information or arguments in support of the appeal.

(7) Pending determination of any appeal submitted under paragraph (5), any decision taken by the Secretary of State shall continue to have effect.

Textual Amendments

Certificates: refusals, etc. and appealsU.K.

F3533A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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