The Export Control (Amendment) (EU Exit) Regulations 2020
2020 No. 1502
Exiting The European Union
Customs
Trade
The Export Control (Amendment) (EU Exit) Regulations 2020
Made 10th December 2020
Coming into force in accordance with regulation 2
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1(5), 3(6), 4(5), and 5(1) and (2) of the Export Control Act 20021and sections 8(1) and 8C(1) and (5) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20182.
In accordance with paragraph 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Preliminary provisions
Citation
1. These Regulations may be cited as the Export Control (Amendment) (EU Exit) Regulations 2020.
Commencement
2.—(1) This Part and regulations 12 and 13 come into force immediately before the day after the date on which these Regulations are made.
(2) Part 2 comes into force on the day after the date on which these Regulations are made.
(3) The remainder of these Regulations come into force immediately before IP completion day.
PART 2
Amendment of the Export Control Order 2008
Amendment of the Export Control Order 2008
3. The Export Control Order 20083is amended in accordance with this Part.
Amendment of article 9 (provisions supplementing the torture Regulation)
4. In article 9(3), for “5”, substitute “11”.
Amendment of article 32 (amendment, suspension, and revocation of licences)
5. In article 32(2), for “9(4)”, substitute “21(5)”.
PART 3
Amendment of the Export Control (Amendment) (EU Exit) Regulations 2019
Amendment of the Export Control (Amendment) (EU Exit) Regulations 2019
6. The Export Control (Amendment) (EU Exit) Regulations 20194are amended in accordance with this Part.
Amendment of regulation 4 (amendment of the Export Control Order 2008)
7.—(1) Regulation 4 is amended in accordance with this regulation.
(2) In paragraph (2),—
(a)
(a) in subparagraph (a)(viii), omit “and”; and
(b)
(b) for subparagraph (b), substitute—
“(b)
“(b) for the definition of “the dual-use Regulation”, substitute—
““the dual-use Regulation”, in relation to—
(a) England and Wales and Scotland, means Council Regulation (EC) No 428/2009of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items5;
(b) Northern Ireland, means Council Regulation (EC) No 428/2009of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items6as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement7;”;
(c)
(c) before the definition of “goods subject to trade controls”, insert—
““general export authorisation” has the same meaning as in Article 2(9) of the dual-use Regulation;”; and
(d)
(d) for the definition of “the torture Regulation”, substitute—
““the torture Regulation”, in relation to—
(a) England and Wales and Scotland, means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment8;
(b) Northern Ireland, means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment9as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;”.”.
(3) For paragraph (3), substitute—
“3. In article 2A (Crown application), in paragraph (1), for subparagraphs (c) to (e), substitute—
“(c) article 8 (transit controls supplementing the dual-use Regulation);
(d) article 42L (export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology); and
(e) article 42S (export control in relation to Northern Ireland: leg irons, gang chains, and portable electric shock devices).”.”.
(4) For paragraph (13), substitute—
“13. In article 16 (Exception for firearms – firearm or shot gun certificate or permit),—
(a) for paragraph (2), substitute—
“(2) Articles 3 (military goods, etc.) and 4 (movement of UK-controlled dual-use goods, etc. to certain destinations) do not apply in relation to a person who exports a firearm to which this article applies if—
(a) the firearm, and any related ammunition or sight using non-electronic image enhancement, is a part of the personal effects of the person; and
(b) the person—
is a part of the armed forces, a police force, or a public authority, of the United Kingdom;
is, subject to paragraph (3), not required to have an export authorisation by virtue of Article 4 of the firearms Regulation because the person meets the requirements set out in Article 9(1)(a) of that Regulation (exception for hunters and sport shooters); or
holds in relation to the firearm a certificate of the type specified in paragraph (1)(d) (Manx firearm certificate).”;
(b) for paragraph (3), substitute—
“(3) Paragraph (2)(b)(ii) applies only if the export of the firearm is to a country or territory that is neither an embargoed destination nor a country or territory listed in Part 3 of Schedule 4 (countries and territories subject to transit control for military goods).
(4) In this article, “firearms Regulation”, in relation to—
(a) England and Wales and Scotland, means Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition10;
(b) Northern Ireland, means Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition11as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.”.”.
(5) Before paragraph (16), insert—
“15A. In article 21 (Category A goods), in paragraph (2), omit “24,”.
15B. In article 23 (Category C goods), in paragraph (1), omit “24,”.”.
(6) In paragraph (19), for “retained general export authorisation”, substitute “general export authorisation”.
(7) In paragraph (21), in subparagraph (a)(i)(aa), for “retained general export authorisation”, substitute “general export authorisation”.
(8) In paragraph (27), for “retained general export authorisation”, substitute “general export authorisation”.
(9) Before paragraph (29), insert—
“28A. In Article 41 (Application of CEMA in respect of offences),—
(a) in paragraph (1)(a)(i), omit “7,” and “9,”; and
(b) in paragraph (2)(a), omit “7,” and “9,”.
28B. Before Part 7 (General), insert—
“PART 6A
Provisions relating to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement
(42A) Interpretation
In this Part,—
“certificate” means a certificate granted by the Secretary of State in accordance with article 42D;
“the EU customs Regulation” means Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code12as it has effect in EU law;
“the EU customs territory” means the customs territory described in Article 4 of the EU customs Regulation;
“the EU defence-related products Directive” means Directive 2009/43/ECof the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community13as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
“the EU dual-use Regulation” means Council Regulation (EC) No 428/2009of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items14as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
“EU-listed military item” means an item listed in the Annex to the EU defence-related products Directive;
“the EU torture Regulation” means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment15as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
“Northern Ireland recipient” means a person in Northern Ireland who is responsible for the receipt of an EU-listed military item.
Provisions relating to the EU defence-related products Directive
(42B) Record-keeping requirement: EU-listed military item supplier
(1) Article 29 (requirement to keep detailed registers or records) applies in relation to a...
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