The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) (No. 2) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”) arising from the most recent amendments to Council Regulation (EC) No 1334/2000(1) (often called the “dual-use Regulation”). The amendments were made by Council Regulation (EC) No. 1167/2008 of 24 October 2008 (the “new Regulation”).

Part 2 of Schedule 1 to the 2003 Order lists explosive-related goods and technology that are subject to national controls. As a result of the new Regulation, some of these items are now controlled by the dual-use Regulation so article 2(1)(m) of this Order removes the relevant national controls. Article 2(1) also makes various amendments arising from this year’s Plenary Meeting of the Wassenaar Arrangement on export controls for conventional arms and dual-use goods and technologies, introduces a new control on components designed to provide ballistic protection for all-wheel drive vehicles and makes some unrelated, minor drafting changes.

Article 2(2) ensures that references in the 2003 Order to the dual-use Regulation are to that Regulation as amended by the new Regulation.

Article 2(3) 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.

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

(1)

OJ No L 159, 30.6.2000, p. 1.