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Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces the Export of Goods (Control) Order 1991 (the “EGCO 1991”) and the amendments thereto. The changes (apart from minor drafting changes) it effects are as follows:—

The lists in Groups 2 and 3 of Part III (the “new lists”) are in a new format. The goods specified in these lists have been specified under international arrangements in COCOM and other groups, as goods which should be subject to export controls. The new lists have been largely prepared in consultations with technical experts from Member States of the European Communities with a view to the Member States operating export controls on commonly described nuclear and dual use goods. They have been prepared following the publication of a Commission proposal for a Regulation in relation to such goods (O.J.C253 30.9.92 p.13). A few entries have been included which have not, at the time of making of this Order, been considered by the said experts:

1.  

1C3521C3531C9901C9912B3523A9903E990
5A9905E9908A9908A9918E9908E9919A990
9A9919A9929E9909E9919E992.

2.  Export control is relaxed in relation to certain dual use goods as follows:

Ceramic base materials, fluorinated compounds and non—fluorinated polymeric components (see Category 1 of Group 3 of Schedule 1) (“Group 3”).

Some machine tools, inspection machines, robots and bearings (see Category 2).

DRAM’s (controls are lifted), many electronic components, some vacuum tubes, basic materials and semiconductor manufacturing equipment (see Category 3).

Many types of computers and peripherals (see Category 4).

Digital cellular telephone systems, data packet switches and multimode optical fibre systems (controls are lifted) (see Category 5).

Some sensors and lenses (see Category 6).

Some submersibles, hovercraft, pumpjet systems, underwater TV systems and some manipulators (see Category 8).

Certified gas turbine engines for civil aircraft (controls are lifted), civil aircraft (see Category 9).

3.  Export controls are extended to—

(a)certain dual use goods for nuclear facilities and technology relating to them: those entries in Group 3 with numbers having a`2' in the third position e.g., 1C216 to all destinations

(b)the following human and animal pathogens and chemical plant and biological equipment and technology relating to them to all destinations: entries in Group 3 numbered 1C351, 1C352, 1C353, 2B350, 2B351, 2B352, 1E001, 2E001 and 2E002.

4.—(a) Compared to the list in Schedule 1 Part II of the EGCO 1991, the format and classification system for entries in the new lists has been changed. These changes are intended, where possible, to place controls on similar goods close to one another in the lists, and to enable changes to be made to the lists easily in future.

(b)In the new lists goods are now specified by reference to a Category, sub—Category, Entry, head or sub—head. An example from the controls to illustrate this is 3A001a.4., where 3 is the Category, A is the sub—Category, 001 is the entry, a. is the head and 4 is the sub—head.

(c)The PL entries from the EGCO 1991 have been moved, in some cases with modification, as follows:

FromTo
PL5003—Machine gun mountingsML1
PL5005—Refuelling/disruption apparatusPL5006
3A990
PL5009—Explosives and propellantsML8
1C115
1C991
1C239
3A232
PL5019—RadomesML4
PL5024—Electrical pulsers3A229
PL5026—Quartz crystals for ML4ML4
PL6001—ThoriumA10
PL6002—Fluorine1C990
PL6003—Chlorine trifluoride1C238
PL6005—Calcium1C227
PL6006—Magnesium alloysDeleted
PL6007—Gas centrifuge manufacture equipment1B201
2B204
2B215
2B228
2B229
PL6008—Mass spectrometers3A233
PL6009—Pressure gauges, corrosion resistant2B230
PL6010—Process control equipment for irradiated lithium1B231
PL6011—GraphiteA50
PL6012—Deuterium compoundsA40
PL6013—Blowers and compressors UF6 corrosion resistantB10
PL6014—Fluorinated hydrocarbon polymer powders, UF6 resistantA70
PL6015—UF6 handling equipmentB20
PL6016—Reprocessing plant equipmentB70
PL7001—Aluminium alloys1C202a.
PL7002—Maraging steel1C116
1C216
PL7003—Burst transmittersDeleted
PL7004—EM proofed electronic equipment5A002d.
PL7005—Internal grinding machineDeleted
PL7006—Boron 101C225
PL7007—Chemical Precursors1C350
PL7008—Tropospheric scatter5A990
PL7009—Vessels including ships8A990
8A991
PL7010—Aircraft and helicopters9A990
9E990
PL7011—Aircraft parts9A992
9E992
PL7012—Tantalum lined crucibles2A225
PL7013—TransceiversDeleted
PL7016—Microlights and steerable parachutes9A991
9E991
PL7017—Liquid and slurry propellant controls9A106c.
PL7018—Pumps and servo valves for PL70179A106c.
PL7019—Vacuum induction furnaces2B226
PL7020—Telemetering and telecontrol equipment5A101
PL7021—Laser radar—LIDAR6A008j.
6A108a.
PL7022—Solid state switches3A228
PL7023—Cold cathode tubes3A228
PL7025—Pyrolitic deposition technology9E103
1B116
PL7026—Ramjet engines, etc9A011
9A111
PL7027—Flow forming machines2B115
2B215
PL7028—Propellants for spacecraft1C115
PL7029—Equipment for production in PL70281B115
PL7030—Mixers for propellants1B115
PL7031—Inert gas/vacuum atomising equipment1B002
PL7032—Isostatic presses2B104
2B204
PL7033—CVD furnaces2B104
PL7034—Graphites1C107
PL7035—Tungsten particles1C117
PL7036—Molybdenum particles1C117
PL7037—Ground support equipment for missiles9A115
PL7038—A—D PCBs or modulesML11
PL7039—A—D I.C.s3A101a.
PL7040—Test benches, stands for rocker motors9B117
PL7041—Environmental/anechoic chambers9B106
PL7042—Radiographic equipment3A101b.
PL7043—Coatings for reduced observability1C101
PL7044—Production equipment—rocket/jet engines9B115
9B116
PL7045—Technology for autoclaves1E103
PL7046—Resaturated pyrolised materials1A102

(d)The structure of the new lists combined with the lifting of controls on many goods means that it is not practical to correlate and note all the controls with prefix IL in the EGCO 1991 list with the new lists. However, the changes have included moving certain of those controls into the Categories of Group 3 of the new list as follows:

Category 1IL1310IL1357IL1561IL1610
IL1631IL1672IL1675IL1710
IL1733IL1746IL1754IL1763
Category 2IL1001IL1088IL1091IL1099
IL1312IL1362IL1370IL1371
IL1388IL1389IL1391
Category 3IL1205IL1355IL1529IL1531
IL1533IL1537IL1558IL1560
IL1564IL1568IL1572IL1586
IL1757
Category 4IL1565IL1566
Category 5IL1353IL1502IL1516IL1517
IL1519IL1520IL1522IL1526
IL1527IL1529IL1531IL1533
IL1537IL1565IL1566IL1567
Category 6IL1353IL1370IL1389IL1501
IL1502IL1510IL1522IL1526
IL1548IL1555IL1556IL1571
IL1574IL1585IL1595IL1757
IL1767
Category 7IL1485IL1501
Category 8IL1319IL1363IL1416IL1417
IL1418IL1759
Category 9IL1080IL1086IL1361IL1362
IL1401IL1431IL1460

(e)Group 2 of the new list has been renumbered and its contents restricted principally to items specially designed for use in the nuclear industry. Most nuclear items that have other uses are included in Group 3 of the new list as dual use industrial items.

5.  The controls on the export of firearms (see Article 3) have been changed as a result of the Firearms Acts (Amendment) Regulations 1992 (1992/2823) and to implement Council Directive 91/477/EEC.

6.  Persons who export under an Open General export Licence henceforth will, unless the licence states to the contrary, be required to register with the DTI before, or soon after doing so (see Article 8), and to keep records for a specified period.

7.  Copies of the standards and recommendations referred to in this Order may be obtained from or through the British Standards Institution (BSI) at 3 Linford Wood, Milton Keynes, MK14 6LE, other than the ICAO and TCSEC standards mentioned at entries 5A001f., 5A002 and 6A008f., which may be obtained from the ICAO at 1000 Sherbrooke Street, Suite 400, Montreal, Canada H3A 2RZ, and the TCSEC, Technical Guidelines Division, National Computer Security Center, Ft. George G. Meade MD 20755–6000, U.S.A, respectively.

8.  By way of assistance to the reader, and for convenience only, certain defined terms have been highlighted in Part III of Schedule 1 in bold type, and an index thereto, technical notes and certain cross—references have been included. These should not be treated as comprehensive.

9.  Any particular goods may fall within more than one description in Schedule 1 to the Order. In such a case each prohibition (taking effect by such inclusion in that Schedule and the related provisions of article 2) applies to the export of the goods. This may mean that different entries prohibit the export of the goods to different countries.