PART 5Trade

CHAPTER 1Interpretation

Definition of “restricted goods” and “restricted technology”18

In this Part—

  • “restricted goods” means—

    1. a

      internal repression goods, and

    2. b

      military goods;

  • “restricted technology” means—

    1. a

      internal repression technology, and

    2. b

      military technology.

Definitions relating to “restricted goods” and “restricted technology”19

1

The following definitions apply for the purposes of regulation 18—

  • “internal repression goods” means—

    1. a

      any thing specified in Schedule 2, other than—

      1. i

        any thing which is internal repression technology, or

      2. ii

        any thing for the time being specified in—

        1. aa

          Schedule 2 to the Export Control Order 20086, or

        2. bb

          Annex I of the Dual-Use Regulation, and

    2. b

      any tangible storage medium on which internal repression technology is recorded or from which it can be derived;

  • “internal repression technology” means any thing which is described in Schedule 2 as software or technology, within the meaning of that Schedule;

  • “military goods” means—

    1. a

      any thing for the time being specified in Schedule 2 to the Export Control Order 2008, other than any thing which is military technology, and

    2. b

      any tangible storage medium on which military technology is recorded or from which it can be derived;

  • “military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology.

Interpretation of other expressions used in this Part20

1

Paragraphs 32 and 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

2

In this Part, any reference to the United Kingdom includes a reference to the territorial sea.

3

In this Part—

  • “brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—

    1. a

      the selection or introduction of persons as parties or potential parties to the arrangement,

    2. b

      the negotiation of the arrangement,

    3. c

      the facilitation of anything that enables the arrangement to be entered into, and

    4. d

      the provision of any assistance that in any way promotes or facilitates the arrangement;

  • “technical assistance”, in relation to goods or technology, means—

    1. a

      technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or

    2. b

      any other technical service relating to the goods or technology;

  • “transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act.

4

For the purposes of this Part a person is to be regarded as “connected with” Zimbabwe if the person is—

a

an individual who is, or an association or combination of individuals who are, ordinarily resident in Zimbabwe,

b

an individual who is, or an association or combination of individuals who are, located in Zimbabwe,

c

a person, other than an individual, which is incorporated or constituted under the law of Zimbabwe, or

d

a person, other than an individual, which is domiciled in Zimbabwe.