Dual-Use and Related Goods (Export Control) Regulations 1995

Publication Date:January 01, 1995

1995No. 271

CUSTOMS AND EXCISE

The Dual-Use and Related

Goods (Export Control)

Regulations 1995

4thFebruary1995

7thFebruary1995

The Secretary of State, being a Minister designated ( a) for the purposes of section 2(2) of the European Communities Act 1972 ( b) in relation to the control of the export of goods and measures relating to trade in dual-use goods, in the exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:-

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Dual-Use and Related Goods (Export Control) Regulations 1995 and shall come into force for the purposes of issuing general licences on 14th February 1995 and for all other purposes on 1st March 1995.

(2) In these Regulations, unless the context otherwise requires-;

"aircraft" means a fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt wing airborne vehicle;

"the Commissioners" means the Commissioners of Customs and Excise;

"Community Licence" means an authorisation granted by a competent authority for the export of dual-use goods from the European Community under or for the purposes of the Regulation;

"competent authority" means the Secretary of State or any other competent authority empowered by a Member State to issue export authorisations for dual-use goods for the purposes of the Regulation;

"country" includes territory;

"the Decision" means Council Decision No. 94/942/CFSP of 20th December 1994 on the joint action adopted by the Council of the European Union on the basis of Article J3 of the Treaty on European Union concerning the control of exports of dual-use goods ( c);

"dual-use goods", shall have the same meaning as in the Regulation;

"export" means export from the United Kingdom, and exporter" and other cognate expressions shall be construed accordingly;

"goods" means both used and unused goods;

(a) S.I. 1983/1706 and 1994/2791.

(b) 1972 c. 68.

(c) O.J. No. L367, 31.12.94.

"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;

"Member State" means a Member State of the European Community;

"normal commercial journey" means a journey providing transport services in the ordinary course of business;

"proper" shall have the same meaning as in the Customs and Excise Management Act 1979 ( a);

"the Regulation" means Council Regulation (EC) No. 3381/94 ( b);

"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 the benefits thereof 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;

"transit or transhipment" means transit or transhipment through the United Kingdom with a view to the re-exportation of the goods in question;

"vessel" includes any ship, surface effect vehicle, small waterplane area vessel and hydrofoil, and the hull or part of the hull of a vessel.

(3) In these Regulations numerical references in Schedule 1 hereto to standards and recommendations are references to the relevant standards and recommendations so numbered with such amendments (if any) thereto as may have been published before the making of these Regulations.

Granting and Revocation etc. of Licences

2.-(1) The Secretary of State may

(a) grant licences and Community Licences, and

(b) give notice for the purposes of Article 4 of the Regulation.

(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 either general, or special, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the Secretary of State.

(3) Any licence or Community Licence referred to in paragraph (2) above may be subject to or without conditions and any such condition may require or prohibit any act before or after the exportation of goods under that licence.

Dual-Use and Related Goods

3.-(1) As provided in these Regulations,

(a) a Community Licence shall be the authorisation required by Article 3 of the Regulation for the export from the European Community of all goods of a description specified in Schedule 1 hereto (which reproduces the list of dual-use goods in Annex I to the Decision); and

(b) a licence granted by the Secretary of State shall be the authorisation required by Articles 19.1(b) and 21 of the Regulation for the export to another Member State of all goods specified in Schedule 2 hereto (which reproduces the list of dual-use goods in Annex IV to the Decision).

(2) Subject to the provisions of these Regulations,

(a) all the following goods are prohibited to be exported to any destination:

(i) all goods of a description specified in Schedule 3 hereto;

(ii) any dual-use goods which have been imported into the United Kingdom for transit or transhipment;

(a) 1979 c. 2.

(b) O.J. No. L367, 31.12.94.

(iii) any goods other than dual-use goods which

(aa) the exporter has been informed by a competent authority are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons; or

(bb) the exporter knows are intended, wholly or in part, to be used in connection with one of the activities referred to in sub-paragraph (aa) above; or

(iv) any goods which the exporter has grounds for suspecting might be used, wholly or in part, in connection with an activity referred to in sub-paragraph (aa) above unless he has made all reasonable enquiries as to their proposed use and satisfied himself that they will not be so used; and

(b) all the following goods are prohibited to be exported to any destination in a Member State:

(i) all goods specified in Schedule 4 hereto; and

(ii) any goods of a description specified in Schedule 1 hereto in respect of which the exporter knows at the time of export that the final destination of those goods is outside the European Community and no processing or working is to be performed on those goods in any Member State to which they are exported, and in this sub-paragraph, "processing or working" has the same meaning as in Article 24 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code ( a).

(3) Subject to the provisions of these Regulations, paragraph (2) above shall not prohibit the export of any goods in relation to which a licence has been granted by the Secretary of State or a Community Licence has been granted by a competent authority, provided that all conditions attaching to the said licence or Community Licence are complied with.

(4) Paragraph (3) shall not apply to permit the export of any goods to any destination outside the European Community in relation to which a Community Licence has been granted where the Secretary of State has given notice to the proper officer of Customs and Excise that he considers that such an export would be contrary to the essential foreign policy or security interests or to the fulfilment of the international obligations or commitments of the United Kingdom.

(5) Any goods referred to in paragraph (1) above in relation to which a Community Licence has been granted which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community may be detained by the proper officer of Customs and Excise for a period of ten working days as if they were liable to forfeiture where the proper officer of Customs and Excise or the Secretary of State has grounds for suspicion that

(i) relevant information was not taken into account when the authorisation was granted; or

(ii) circumstances have materially changed since the issue of the authorisation.

Exceptions

4. Nothing in these Regulations shall prohibit the export of:

Aircraft

(a)(i) any aircraft which is being exported after temporary import into the United Kingdom provided that there has been no change of ownership or registration since such import;

(ii) any aircraft on a scheduled journey;

Vessels

(b)(i) any vessel registered or constructed outside the United Kingdom which is being exported after temporary import into the United Kingdom;

(a) O.J. No. L302, 19.10.92.

(ii) any vessel which is departing temporarily from the United Kingdom on trials;

(iii) any vessel proceeding on a normal commercial journey.

Goods in Transit

5.-(1) Nothing in these Regulations shall prohibit the export of any goods, other than goods to which sub-paragraph 2(a)(iii) or (iv) of regulation 3 above applies, which have been imported into the United Kingdom for transit or transhipment to any destination other than a destination in Iran, Iraq, Libya, North Korea, Serbia, Montenegro, the United Nations Protected Areas in Croatia or those areas of Bosnia-Herzegovina under the control of the Bosnian-Serb forces provided that the conditions in paragraph (2) below are met.

(2) The conditions are that

(a) the goods remain on board a ship or aircraft for the period that they remain in the United Kingdom or are goods on a through bill of lading or through air waybill and in any event are exported within 30 days of their import;

(b) the destination for those goods following export has been determined in the country from which...

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