The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019

Year2019

2019 No. 771

Exiting The European Union

Customs

The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019

Made 1st April 2019

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20181, makes the following Regulations.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

1 Introductory

PART 1

Introductory

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

2 Amendment of primary legislation

PART 2

Amendment of primary legislation

S-2 Amendment of the Export Control Act 2002

Amendment of the Export Control Act 2002

2.—(1) The Export Control Act 20022is amended as follows.

(2) In section 1 (export controls), omit subsection (5).

(3) In section 2 (transfer controls), omit subsection (5).

(4) In section 3 (technical assistance controls)—

(a)

(a) in subsection (4)(a)—

(i) at the end of sub-paragraph (i), for “; or” substitute “; and”;

(ii) omit sub-paragraph (ii), and the “and” at the end of it;

(b)

(b) omit subsection (6).

(5) In section 4 (trade controls)—

(a)

(a) in subsection (4)(a)—

(i) in sub-paragraph (i), for “; or” substitute “; and”;

(ii) omit sub-paragraph (ii), and the “and” at the end of it;

(b)

(b) omit subsection (5).

(6) In section 5 (general restriction on control powers)—

(a)

(a) in subsection (2), omit “EU provision or other”;

(b)

(b) omit subsection (3).

(7) In section 7 (control powers: supplementary), in subsection (2)(c), omit “EU provision or”.

(8) In section 11 (interpretation), in subsection (1), omit the definition of “EU provision”.

(9) In the Schedule (categories of goods, technology and technical assistance), in paragraph 3(2), in entry A of the Table—

(a)

(a) omit “any Member state”;

(b)

(b) omit “other”.

3 Amendment of retained EU law

PART 3

Amendment of retained EU law

S-3 Amendment of Council Regulation (EC) No 428/2009

Amendment of Council Regulation (EC) No 428/2009

3.—(1) Council Regulation (EC) No 428/2009of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transfer, brokering and transit of dual-use items is amended as follows.

(2) In Article 1 (establishment of dual-use controls regime), for “Community” substitute “United Kingdom”.

(3) In Article 2 (definitions)—

(a)

(a) for paragraph 2 substitute—

S-2

2. ‘export’ shall be construed as follows—

(1) it only includes removal from the United Kingdom to a destination outside of the United Kingdom and the Isle of Man;

(2) it includes shipment as stores;

(3) in relation to a vessel, vehicle, submersible vehicle or aircraft, it includes taking it out of the United Kingdom, notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power;

(4) it includes transmission of software or technology by electronic media, including by fax, telephone, email or any other electronic means to a destination outside of the United Kingdom; it includes making available in an electronic form such software and technology to legal and natural persons and partnerships outside of the United Kingdom. Export also applies to oral transmission of technology when the technology is described over the telephone.”;

(b)

(b) in paragraph 3 (definition of ‘exporter’)—

(i) in the words before point (i), after “partnership” insert “resident or established in the United Kingdom”;

(ii) in point (i)—

(aa) for “customs territory of the Community”, in the first place it occurs, substitute “United Kingdom to a destination outside of the United Kingdom and the Isle of Man. If no export declaration has been made, the exporter means the person who holds the contract with the consignee in the third country and has power for determining the sending of the item out of the United Kingdom to a destination outside of the United Kingdom and the Isle of Man.”;

(bb) for “customs territory of the Community”, in the second place it occurs, substitute “United Kingdom to a destination outside of the United Kingdom and the Isle of Man”;

(iii) in point (ii), for “the Community” substitute “of the United Kingdom”;

(iv) in the unnumbered paragraph following point (ii), for “Community” substitute “United Kingdom”;

(c)

(c) in paragraph 4 (definition of ‘export declaration’)—

(i) for “place” substitute “export”;

(ii) omit “under an export procedure”;

(d)

(d) for paragraph 6 (definition of ‘broker’) substitute—

S-6

6. ‘broker’ means:

(i) any person resident or established in the United Kingdom who carries out brokering services from the United Kingdom into the territory of a third country; or

(ii) any United Kingdom national who carries out brokering services from the United Kingdom into the territory of a third country;

(iii) any United Kingdom person who carries out brokering services from a country within the European Union into the territory of another third country;

(iv) any person resident or established in the European Union who carries out brokering services from the United Kingdom into the territory of a third country; or

(v) any European Union national who carries out brokering services from the United Kingdom into the territory of a third country;

S-6A

6A. ‘European Union national’ means a natural person who is a national of a Member State of the European Union;

S-6B

6B. ‘third country’ means any country or territory outside of the United Kingdom and the Isle of Man;”;

(e)

(e) in paragraph 7 (definition of ‘transit’)—

(i) for “non-Community”, substitute “non-United Kingdom”; and

(ii) for “customs territory of the Community with a destination outside the Community”, substitute “United Kingdom with a destination outside of the United Kingdom and the Isle of Man”;

(f)

(f) after paragraph 7 insert—

S-7A

7A. ‘United Kingdom national’ means a British Citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, or a person who, under the British Nationality Act 19813, is a British subject or a British protected person within the meaning of that Act;

S-7B

7B. ‘United Kingdom person’ means a United Kingdom national or a legal person, entity or body incorporated or constituted under the law of the United Kingdom or any part of the United Kingdom;”;

(g)

(g) in paragraph 9, for “union”, substitute “retained”;

(h)

(h) omit paragraph 12 (definition of ‘customs territory of the European Union’); and

(i)

(i) omit paragraph 13 (definition of ‘non-Community dual-use items’).

(4) In Article 3 (scope), in paragraph 2, omit “or Article 8”.

(5) In Article 4 (authorisation requirements for exports)—

(a)

(a) in paragraph 1, for “competent authorities of the Member State in which he is established”, substitute “Secretary of State”;

(b)

(b) in paragraph 2—

(i) for “by a decision or a common position adopted by the Council or”, substitute “through its listing as an embargoed destination in Part 1 or 2 of Schedule 4 to the Export Control Order 2008, as amended from time to time, or by”;

(ii) for “authorities referred to in paragraph 1”, substitute “Secretary of State”; and

(iii) in point (a), for “the military list of Member States”, substitute “Schedule 2 to the Export Control Order 2008”;

(c)

(c) in paragraph 3—

(i) for “authorities referred to in paragraph 1”, substitute “Secretary of State”;

(ii) for “the national military list”, substitute “Schedule 2 to the Export Control Order 2008, as amended from time to time,”; and

(iii) for “from the territory of that Member State without authorisation or in violation of an authorisation prescribed by national legislation of that Member State”, substitute “without authorisation or in violation of an authorisation granted by the Secretary of State”;

(d)

(d) in paragraph 4, for “authorities referred to in paragraph 1”, substitute “Secretary of State”;

(e)

(e) omit paragraphs 5 to 7; and

(f)

(f) in paragraph 8 for “Article 11 of Regulation (EEC) No 2603/69” substitute “Article 10 of Regulation (EU) 2015/479”.

(6) In Article 5 (authorisation requirements for brokering services)—

(a)

(a) in paragraph 1—

(i) for “competent authorities of the Member State in which he is resident or established”, substitute “Secretary of State”; and

(ii) for “competent authorities which”, substitute “Secretary of State, who”; and

(b)

(b) omit paragraphs 2, 3 and 4.

(7) Omit Article 6 (transit of non-Community dual-use items).

(8) Omit Article 8 (national controls for public security or human rights considerations).

(9) In Article 9 (export authorisations)—

(a)

(a) in paragraph 1—

(i) in the first sub-paragraph, for “Union”, substitute “Retained”;

(ii) in the second sub-paragraph—

(aa) for “competent authority of the Member States where the exporter is established”, substitute “Secretary of State”; and

(bb) for “the export control legislation”, insert “United Kingdom export control legislation”;

(iii) omit the third sub-paragraph;

(iv) in the fourth sub-paragraph—

(aa) for “Union”, in both places it occurs substitute “Retained”;

(bb) for “Commission shall be empowered to adopt delegated acts in accordance with Article 23a to”, substitute “Secretary of State may by regulations”; and

(v) omit the fifth sub-paragraph;

(b)

(b) in paragraph 2—

(i) in the first sub-paragraph, for “competent authorities of the Member State where the exporter is established”, substitute “Secretary of State”;

(ii) omit the second sub-paragraph;

(iii) in the third sub-paragraph—

(aa) for “competent authorities”, in both places it occurs substitute “Secretary of State”; and

(bb) omit “national”;

(c)

(c) omit paragraph 3;

(d)

(d) in paragraph 4—

(i) for “national general export authorisations”, substitute...

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