Dual-Use Items (Export Control) Regulations 2000
2000 No. 2620
CUSTOMS AND EXCISE
The Dual-Use Items (Export Control) Regulations 2000
Made 20th September 2000
Laid before Parliament 25th September 2000
Coming into force 28th September 2000
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the control of the export of goods and measures relating to trade in dual-use items, including the transmission of software and technology in intangible form, in the exercise of the powers conferred on him by that section, hereby makes the following Regulations:
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Dual-Use Items (Export Control) Regulations 2000 and shall come into force on 28th September 2000.
(2) Subject to regulation 14, the Regulations specified in Schedule 1 are revoked.
Interpretation
2.—(1) In these Regulations:
“the 1994 Order” means the Export of Goods (Control) Order 19943;
“the Commissioners” means the Commissioners of Customs and Excise;
“the Community General Export Authorisation” means the export authorisation constituted by Article 6(1) and Annex II;
“Community Licence” means an authorisation granted (whether before or after commencement of these Regulations) under the Regulation or Council Regulation (EC) No. 3381/94of 19th December 19944by a competent authority for the export of dual-use items from the European Community;
“competent authority” means the Secretary of State or any authority empowered by another Member State to grant export authorisations for dual-use items under the Regulation;
“country” includes territory;
“export”, unless the context otherwise requires, means export from the United Kingdom, including—
(a) export to a destination within the customs territory of the European Community, and
(b) the transmission of software or technology by fax, telephone or other electronic media (except that oral transmission of technology by telephone is included only where the technology is contained in a document the relevant part of which is read out over the telephone, or is described over the telephone in such a way as to achieve substantially the same result as if it had been so read);
and “exporter” and other cognate expressions shall be construed accordingly (except that where the export is to a destination outside the customs territory of the European Community, “exporter” has the same meaning as in the definition in Article 2(c), to the extent that that definition applies);
“import” and “export” in relation to a vessel, submersible vehicle or aircraft includes the taking into or out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that the vessel, submersible vehicle or aircraft is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“items” means both used and unused items;
“items in transit” means—
(a) items which only pass through the territory of the Community within the meaning of Article 3(4), and
(b) items being exported to another Member State which are not being transferred from the United Kingdom to that other Member State within the meaning of Article 21;
“normal commercial journey” means a journey providing transport services in the ordinary course of business;
“proper” has the same meaning as in the Customs and Excise Management Act 19795;
“the Regulation” means Council Regulation (EC) No. 1334/2000of 22nd June 2000 setting up a Community regime for the control of exports of dual-use items and technology6; and any reference to a numbered Article or Annex is to the article in, or Annex to, the Regulation so numbered;
“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such manner that its benefits are available to members of the public from time to time seeking to take advantage of it;
“surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;
“vessel” includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil, and the hull or part of the hull of a vessel.
(2) Any reference in these Regulations to time after an event is a reference to a period of that length of time beginning on the day after that event.
(3) In these Regulations, except where the context otherwise requires, any reference to:
(a)
(a) a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations which is so numbered;
(b)
(b) a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph which is so numbered in the regulation, Schedule or paragraph where the reference occurs.
(4) Except where these Regulations otherwise provide, expressions used in the Regulation which are also used in these Regulations have the same meaning in these Regulations as they have in the Regulation.
Granting and revocation etc. of licences
3.—(1) The Secretary of State may grant licences and Community Licences.
(2) Any licence or Community Licence granted by the Secretary of State in pursuance of these Regulations or having effect as if so granted may be:
(a)
(a) either general or individual;
(b)
(b) limited so as to expire on a specified date unless renewed;
(c)
(c) subject to or without conditions, and any such condition may require or prohibit any act before or after the export of items under that licence or Community Licence;
(d)
(d) varied or revoked by the Secretary of State.
Exports of dual-use items
4.—(1) Subject to Article 6(1), a Community Licence is the authorisation required by:
(a)
(a) Article 3(1) for the export from the European Community of any item listed in Annex I; and
(b)
(b) paragraphs 1, 2 and 3 of Article 4 for the export from the European Community, in the circumstances respectively described in those paragraphs, of dual-use items not listed in Annex I.
(2) A licence granted by the Secretary of State is the authorisation required by Article 21(1) for the export to another Member State of items listed in Annex IV.
(3) Subject to the provisions of these Regulations:
(a)
(a) no person shall export any items specified in Schedule 2 contrary to a prohibition set out in that Schedule;
(b)
(b) no person shall make to any destination any export consisting of the transmission by fax, telephone or other electronic media of dual-use items in the form of software or technology which are items in transit and which—
(i) that person (or, if that person is not within the United Kingdom, any agent of that person within the United Kingdom concerned in the export or intended export) has been informed by a competent authority are or may be intended, in their entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons, or
(ii) that person is aware are intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (i), or
(iii) that person has grounds for suspecting are or may be intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (i), unless that person has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used;
(c)
(c) no person shall export to any destination not in a Member State any dual-use items which that person has grounds for suspecting are or may be intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (b)(i), unless that person has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used; and
(d)
(d) no person shall export to a destination in a Member State—
(i) any items listed in Annex I but not in Annex IV,
(ii) any items specified in Schedule 2, or
(iii) any dual-use items not listed in Annex I and not specified in Schedule 2 but for the export of which from the European Community an authorisation is required in accordance with Article 4(1), (2) or (3) or under Article 4(4),
if that person knows at the time of export that the final destination of those items is outside the European Community and no processing or working is to be performed on those items in any Member State to which they are to be exported.
(4) Subject to the provisions of these Regulations, paragraph (3) does not prohibit the export of any items in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
(5) No person shall make any export consisting of the transmission by fax, telephone or other electronic media of dual-use items in the form of software or technology—
(a)
(a) to any destination not in a Member State, if the export is contrary to the restriction imposed by Article 3(1);
(b)
(b) to any destination in a Member State, if the export is contrary to the restriction imposed by Article 21(1).
(6) Subject to the provisions of these Regulations:
(a)
(a) paragraph (5)(a) does not prohibit the export of any items under the authority of the Community General Export Authorisation, or in relation to which a licence in writing has been granted by the Secretary of State or a Community Licence has been granted by any competent authority, provided that all conditions applying to that Authorisation or attaching to the licence or Community Licence are complied with; and
(b)
(b) paragraph (5)(b) does not prohibit the export of any items in relation to which a licence in...
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