The Export Control (Amendment) (No. 2) Order 2010

JurisdictionUK Non-devolved
CitationSI 2010/2007
Year2010

2010 No. 2007

Customs

The Export Control (Amendment) (No. 2) Order 2010

Made 4th August 2010

Laid before Parliament 10th August 2010

Coming into force 31th August 2010

The Secretary of State, in exercise of the powers conferred by sections 1, 2, 4, 5 and 7 of the Export Control Act 20021, makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Export Control (Amendment) (No. 2) Order 2010 and shall come into force on 31st August 2010.

(2) In this Order, “the 2008 Order” means the Export Control Order 20082.

S-2 Amendments to the 2008 Order related to stricter export and trade controls, etc., military goods, etc. and UK controlled dual-use goods, etc.

Amendments to the 2008 Order related to stricter export and trade controls, etc., military goods, etc. and UK controlled dual-use goods, etc.

2. For Schedules 1, 2 and 3 to the 2008 Order, substitute the replacement Schedules 1, 2 and 3 set out in the Schedule to this Order.

S-3 Amendments to the 2008 Order related to Eritrea arms embargo

Amendments to the 2008 Order related to Eritrea arms embargo

3. In Schedule 4 to the 2008 Order—

(a) in Part 2, at the appropriate place insert “Eritrea”;

(b) in Part 4, omit “Eritrea”.

Mark Prisk

Minister of State for Business and Enterprise

Department for Business, Innovation and Skills

4th August 2010

SCHEDULE

Article 2

Replacement Schedules 1, 2 and 3 to the 2008 Order

SCHEDULE 1

Articles 2, 24

Goods Subject to Stricter Export and Trade Controls

Note: In this Schedule, defined terms are printed in quotation marks.

Definitions

In this Schedule:

“cluster munitions” means conventional munitions designed to disperse or release “explosive submunitions” and includes those “explosive submunitions”, but does not include:

a.

munitions or submunitions designed to dispense flares, smoke, pyrotechnics or chaff; or munitions designed exclusively for an air defence role,

b.

munitions or submunitions designed to produce electrical or electronic effects,

c.

munitions that have all of the following characteristics:

(i)

each munition contains fewer than ten “explosive submunitions”,

(ii)

each “explosive submunition” weighs more than four kilograms,

(iii)

each “explosive submunition” is designed to detect and engage a single target object,

(iv)

each “explosive submunition” is equipped with an electronic “self-destruction mechanism”,

(v)

each “explosive submunition” is equipped with an electronic “self-deactivating feature”;

“explosive bomblets” means conventional munitions, weighing less than 20 kilograms each, which are not self propelled and which, in order to perform their task, are designed to be dispersed or released by a dispenser affixed to an aircraft, and are designed to function by detonating an explosive charge prior to, on or after impact;

“explosive submunitions” means conventional munitions, weighing less than 20 kilograms each, which, in order to perform their task, are dispersed or released by a cluster munition and are designed to function by detonating an explosive charge prior to, on or after impact;

“ordinary handcuffs” means handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 and 240mm when locked and have not been modified to cause physical pain or suffering;

“production” has the same meaning as in Schedule 2;

“self-deactivating feature” means one which automatically renders a munition inoperable by means of the irreversible exhaustion of a component (eg, a battery) that is essential to the operation of the munition;

“self-destruction mechanism” means an incorporated, automatically-functioning mechanism which is in addition to the primary initiating mechanism of a munition and which secures the destruction of the munition into which it is incorporated.

PART 1

Category A Goods

Certain Security and Para-Military Police Equipment

1.

Goods designed for the execution of human beings, as follows—

a.

Gallows and guillotines;

b.

Electric chairs;

c.

Air-tight vaults made of eg, steel and glass, designed for the purpose of execution of human beings by the administration of lethal gas or substance;

d.

Automatic drug injection systems designed for the purpose of execution of human beings by the administration of a lethal chemical substance.

2.

Restraints specially designed for restraining human beings, as follows—

a.

Leg-irons, gangchains, shackles and individual cuffs or shackle bracelets except those that are “ordinary handcuffs”;

b.

Restraint chairs unless designed for disabled persons;

c.

Shackle boards;

d.

Thumb-cuffs and thumb-screws, including serrated thumb-cuffs;

e.

Electric shock belts.

3.

Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock (eg, electric-shock batons, electric-shock shields, stun-guns and electric-shock dart-guns).

4.

Components specially designed or modified for the devices in paragraph 3.

5.

Hand-held, spiked batons.

Cluster munitions, explosive submunitions and explosive bomblets

6.

a.

“Cluster munitions”;

b.

“Explosive bomblets” which are specifically designed to be dispersed or released from dispensers affixed to aircraft.

7.

“Explosive submunitions”

8.

Components specially designed for “cluster munitions”, “explosive submunitions” or “explosive bomblets”.

PART 2

Category B Goods

Small arms and light weapons within ML1 and ML2

9.

Goods specified in entry ML1.a, ML1.b, ML1.c or ML2.a in Schedule 2 that are designed to be carried, operated and fired by an individual or by three or fewer individuals acting together, other than mortars with a calibre of 100mm or more.

Accessories and ammunition for small arms and light weapons within ML1 and ML2

10.

The following goods—

a.

accessories specified in entry ML1.d or ML2.c. in Schedule 2 that are capable of being used in connection with weapons falling within paragraph 11;

aa.

weapon sights specified in entry ML5.a in Schedule 2 that are designed for use with weapons falling within paragraph 11; and

b.

ammunition that is capable of being fired or launched by weapons falling within paragraph 9.

Light weapons within ML4

11.

Equipment specified in entry ML4.b in Schedule 2 that is—

a.

specially designed for firing or launching rockets, grenades, missiles or other explosive devices; and

b.

designed to be carried, operated and fired by an individual or by three or fewer individuals acting together.

Ammunition for light weapons within ML4

12.

Rockets, grenades, missiles and other explosive devices that are—

a.

specified in entry ML4 in Schedule 2; and

b.

capable of being fired or launched from equipment falling within paragraph 13.

Hand Grenades

13.

Grenades specified in entry ML4 in Schedule 2 that are designed to be thrown.

MANPADS, missiles for them, associated equipment and their specially designed components

14.

To the extent they do not fall within paragraph 13 or 14, the following goods—

a.

Man-portable air defence systems (MANPADS), as follows:

(i)

surface-to-air missile systems designed to be man-portable and operated and fired by a single individual;

(ii)

surface-to-air missile systems designed to be operated and fired by more than one individual acting as a crew and portable by several individuals;

b.

missiles for MANPADS;

c.

“production” equipment specially designed for MANPADS;

d.

Field test equipment specially designed for MANPADS;

e.

specialised training equipment and simulators for MANPADS.

Long-range missiles

15.

Missiles capable of a range of 300km or more that fall within Schedule 2.

Anti-vehicle landmines

16.

Land mines designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a vehicle.

Components for goods within this Part

17.

Components specially designed for goods falling within any of paragraphs 9 to 16.”

SCHEDULE 2

Article 2

MILITARY GOODS, SOFTWARE AND TECHNOLOGY

Note: In this Schedule, defined terms are printed in quotation marks.

Definitions

In this Schedule:

“adapted for use in war” means any modification or selection (eg, altering purity, shelf life, virulence, dissemination characteristics, or resistance to ultra violet (UV) radiation) designed to increase the effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment;

“biocatalyst” means enzymes for specific chemical or biochemical reactions and other biological compounds which bind to and accelerate the degradation of chemical warfare (CW) agents;

“biopolymer” means the following biological macromolecules:

a.

b.

c.

enzymes for specific chemical or biochemical reactions;

‘monoclonal antibodies’, ‘polyclonal antibodies’ or ‘anti-idiotypic antibodies’;

specially designed or specially processed ‘receptors’;

Technical Note:

‘Monoclonal antibodies’ means proteins which bind to a specific antigenic site and are produced by a single clone of cells;

‘Polyclonal antibodies’ means a mixture of proteins which bind to a specific antigen and are produced by more than one clone of cells;

‘Anti-idiotypic antibodies’ means antibodies which bind to the specific antigen binding sites of other antibodies;

‘Receptors’ means biological macromolecular structures capable of binding ligands, the binding of which affects physiological functions.

“development” means all stages prior to “production” (eg, design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into goods or “software”, configuration design, integration design, layouts);

“end-effectors” means grippers, active tooling units (ie, devices for applying motive...

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