The Export Control (Amendment) (No. 2) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Export Control Order 2008 (“the 2008 Order”). Articles 2 and 3 of, and the Schedule to, this Order substitute new text for Schedules 1, 2 and 3 so as to consolidate amendments made to the 2008 Order since it came into force, and to make certain further amendments.

Schedule 1 to the 2008 Order lists goods subject to stricter export and trade controls. The new text makes slight drafting changes to the definition of cluster munitions as a result of the coming into force of the Cluster Munitions (Prohibitions) Act 2010. It also adds anti-vehicle landmines to the list of Category B goods.

Schedules 2 and 3 to the 2008 Order list goods, software and technology which are subject to export controls. The content of these lists derives partly from an international regime known as the Wassenaar Arrangement, as well as from national and European controls. The Wassenaar Arrangement control lists were amended in December 2009 and the substituted text of these Schedules reflect the changes. The new text also corrects minor drafting errors and amends some purely national controls by moving entry PL8001 (explosive-related goods and technology) from Schedule 2 to Schedule 3 (UK controlled dual-use goods, software and technology) and amending entries PL5017 and PL9009.

Article 3 of this Order relates to the UN and EU arms embargo against Eritrea (imposed by UN Security Council Resolution 1907 (2009) and Council Decision 2010/127/CFSP). In the United Kingdom, under the 2008 Order, a licence was already required to export military goods to Eritrea and for a range of trading activities involving moving military goods to Eritrea. Article 3 adds to this by making Eritrea an “embargoed destination” for the purpose of the trade controls in the 2008 Order so that the strictest levels of control apply, including restrictions on the activities of United Kingdom persons overseas (see article 20 of the 2008 Order). It also has the effect that a number of exceptions in the 2008 Order can no longer be used in relation to exports of military goods to Eritrea: the exceptions for aircraft and vessels (articles 13 and 14), the exception for holders of a firearm or shot gun certificate or permit (article 16), and the transit or transhipment exception (article 17).

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