Export of Goods (Control) Order 1991

Publication Date:January 01, 1991

1991No. 2666

CUSTOMS AND EXCISE

The Export of Goods (Control) Order 1991

25thNovember1991

31stDecember1991

The Secretary of State, in exercise of powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939 ( a)and now vested in him ( b) , and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Export of Goods (Control) Order 1991 and shall come into force on 31st December 1991.

(2) In this Order, unless the context otherwise requires-

"aircraft " does not include helicopters;

"bovine offal " means the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal over six months of age which has died or has been slaughtered, as the case may be, in the United Kingdom;

"Commissioners " means the Commissioners of Customs and Excise;

"country " includes territory;

"document " includes any record or device by means of which information is recorded or stored;

"goods " , unless otherwise specified, means both used and unused goods;

"hovercraft " has the same meaning as in section 4(1) of the Hovercraft Act 1968 ( c) ;

"importation " and

"exportation " in relation to a vessel, submersible vehicle, aircraft or helicopter includes the taking into or out of the United Kingdom of the vessel, submersible vehicle, aircraft or helicopter notwithstanding that the vessel, submersible vehicle, aircraft or helicopter is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

"intestines " in the definition of

"bovine offal " means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;

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

"microprogramme " means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;

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

(a) 1939 c.69.

(b) See S.I. 1970/1537.

(c) 1968 c.59.

"production " includes all production phases, including production engineering, manufacture, integration, assembly, inspection, testing and quality assurance;

"programme " means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer and includes a microprogramme;

"scheduled goods " means goods of a description specified in Schedule 1 hereto;

"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 a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;

"ship " includes the hull or part of the hull of a ship;

"software " means one or more programmes fixed in any tangible medium of expression;

"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;

"SWATH vessel " means any small waterplane area twin-hull vessel;

"technological document " means any document containing information relating to the design, production or use of goods or to technologies or processes, excluding:

(i) any document which is generally available to the public;(ii) any application for the grant of a patent (or any other form of protection for an invention) or for the registration of a design, or a semi conductor topography, in each case under the law of the United Kingdom or of any other country or under any treaty or international convention;(iii) any document necessary to enable any such application to be filed, made or pursued;

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

(3) In this Order-

(a) a prohibition on exportation is a prohibition on exportation from the United Kingdom including a prohibition on shipment as ships' stores;(b) any reference to scheduled goods or any other item being indicated by a letter shall be taken as a reference to such goods or items being so indicated in Schedule 1 hereto;(c) numerical references in Schedule 1 hereto to British Standards are references to the standards so numbered published by the British Standards Institution in the year indicated after such references with such amendments (if any) thereto as may have been made before the making of this Order;(d) references in Schedule 1 hereto to percentages of the contents of any goods are references to percentages by weight;(e) any description of goods specified in Group A of Part I of Schedule 1 hereto in relation to a Combined Nomenclature heading or sub-heading, other than one covering a whole heading, shall be taken to comprise all goods which would be classified under an entry in the same terms constituting a subheading in the relevant heading in the Combined Nomenclature of the European Economic Community ( a) .

(a) Annex I to Council Regulation (EEC) No. 2658/87 O.J. No. L256 7.9.87, p1, replaced by Commission Regulation (EEC) No. 2472/90 O.J. No. L247, 10.9.90, p1, and amended by Commission Regulation (EEC) No 2943/90O.J. No. L281, 12.10.90, p22, Council Regulations (EEC) No 3116/90 O.J. No. L303, 31.10.90, p1, and No. 3274/90O.J. No. L315 15.11.90, p1 and Commission Regulations (EEC) No. 53/91 O.J. No. L7 10.1.91, p14, and No. 315/91 O.J. No. L37, 9.2.91, p24.

Prohibitions and restrictions on exportation

2. Subject to the provisions of this Order-

(i) where scheduled goods are indicated by the letter "C " , those goods are prohibited to be exported to any destination, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in a country listed in Schedule 2 hereto;(ii) where technology is specified in Schedule 1 to this Order and indicated by the letter "D " , technological documents the information in which includes information relating to that technology are prohibited to be exported to any destination in a country listed in Schedule 2 hereto;(iii) scheduled goods indicated by the letter "E " are prohibited to be exported to any destination except a destination in another Member State;(iv) where scheduled goods are indicated by the letter "I " , those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Iran or Iraq;(v) where scheduled goods are indicated by the letter "L " , those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Libya;(vi) where scheduled goods are indicated by the letter "S " , those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination after delivery or for the purpose of delivery, directly or indirectly, to a person in any country listed in Schedule 2 hereto;(vii) where technology is specified in Schedule 1 hereto and indicated by the letter "B " , technological documents the information in which includes information relating to that technology are prohibited to be exported to any destination;(viii) scheduled goods indicated by the letter "W " are prohibited to be exported to any destination;(ix) scheduled goods indicated by the letter "X " are prohibited to be exported to any destination in India or Pakistan;(x) where scheduled goods are indicated by the letter "Y " , those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Syria;(xi) where scheduled goods are indicated by the letter "Z " , those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in South Africa;(xii) specialised components of any goods of a description specified in Group 1 of Part II of Schedule 1 hereto, whether or not such components are specified in the description, are prohibited to be exported to any destination in South Africa;(xiii) goods of a description specified in Group C of Part I of Schedule 1 hereto are prohibited to be exported to any destination in the United States of America or the Commonwealth of Puerto Rico;(xiv) where scheduled goods are indicated by the letter "A " , those goods, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination; and(xv) goods of a description specified in Schedule 3 hereto, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination-(a) if the exporter knows that they are intended or likely to be used in-(i) the development, production, handling, detection, identification or storage of chemical or biological weapons or of any chemical, toxin, micro-organism or other biological agent used in the development or production of such...

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