The Export of Goods (Control) Order 1994

Explanatory Note

(This Note is not part of the Order)

This Order revokes and replaces the Export of Goods (Control) Order 1992 (“the EGCO 1992”) save in its application to antiques and specified amendments thereto. The EGCO 1992 remains in force in relation to the export of antiques.

2.  The goods whose export is controlled by this Order are specified in Schedule 1.

3.  The list of goods in Groups 2 and 3 of Part III of Schedule 1 has been prepared in consultation with technical experts from other Member States of the European Communities. It specifies the nuclear goods and goods capable of both military and civil use which the United Kingdom has agreed to control as part of certain international arrangements to which it is a party, together with certain other controls.

4.  Entries in Group 3 of Part III of Schedule 1 are identified by a 5-character entry reference eg 2B004. The first character denotes the generic category eg 2 (Materials Processing), the second character denotes a sub-category eg B (Test, Inspection and Production Equipment), the third character indicates the origin of the control as follows:

0 controls which former members of COCOM have agreed to maintain for strategic reasons;

1 controls agreed in the Missile Technology Control Regime (MTCR);

2 controls agreed in the Nuclear Suppliers Group (NSG);

3 controls agreed in the Australia Group (AG) (which aims to limit the proliferation of chemical and biological weapons);

9 other controls;

and the last two characters are used to identify the explicit item.

5.  Export control is relaxed in relation to certain goods as follows:

(a) telescopic sights accompanying firearms as part of the personal effects of the exporter subject to certain conditions;

(b) certain types of smooth bore weapons;

(c) certain types of ammunition and dummy ammunition;

(d) signal pistols and air pneumatic launchers for safety of life;

(e) certain types of graphite material;

(f) component parts for specified bearings;

(g) micro-processor, micro-computer and micro-controller micro-circuits;

(h) many types of computers and peripherals;

(i) modems, communications channel controllers, network access controllers;

(j) certain types of fibre optic components;

(k) marine gas turbine engines.

6.  Export control in relation to small arms, machine guns and accessories is extended in scope to include magazines for firearms.

7.  Export control is introduced on certain goods as follows:

(a) certain armoured vehicles;

(b) certain vehicle containers for military use;

(c) equipment designed or modified for the use of military goods;

(d) certain components, forgings, castings and semi-finished products for military goods;

(e) digital controllers, vibration thrusters and test piece support structures for vibration testing.

8.  In the case of certain technology controls are extended to exports to all destinations.

9.  Export control has been clarified in relation to bombs and grenades.

10.  The note for the calculation of the Composite Theoretical Performance (CTP) in Group 3 of Part III of Schedule 1 in relation to computers has been extended to apply additionally to goods in Category 3 thereof, and is now located amongst the definitions at the beginning of Group 3.

11.  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 10,000 Sherbrooke Street, Suite 400, Montreal, Canada H3A 2RZ, and the TCSEC, Technical Guidelines Division, National Computer Center, FT George G Meade MD, 20755-6000, USA respectively.

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

13.  Any particular goods may fall within more than one Group, Part or entry 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.

14.  This Order does not affect any prohibition or restriction on the exportation of goods save as specified in the Order. There are a number of other such prohibitions and restrictions, particulars of which can be obtained on application to the Export Control Organisation, DTI, Kingsgate House, 66-74 Victoria Street, London, SW1E 6SW. These include controls on the export of antiques and cultural goods in the EGCO 1992 and Council Regulation No. 3911/92/EEC. These also include controls on the exportation, supply or delivery of goods, and other related controls, implementing resolutions of the United Nations Security Council in relation to Angola, Bosnia-Herzegovina, Croatia, Haiti, Iraq, Libya, Liberia, Serbia and Montenegro, Somalia, Slovenia and the former Yugoslav Republic of Macedonia. These include two Orders made under the Import, Export and Customs Powers (Defence) Act 1939, the Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990 (S.I. 1990/1640) and the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993 (S.I. 1993/1189).