The Export Control Order 2008

Cited authorities 85

Cited in

Amendments 95

Jurisdiction	UK Non-devolved
Citation	SI 2008/3231

Contenidos

The Export Control Order 2008
PART 1: INTRODUCTORY

Citation and commencement
1
Interpretation
2

Crown application
2A

PART 2: EXPORT AND TRANSFER CONTROLS

Military goods, etc.
3

Movement of UK controlled dual-use goods, etc. to certain destinations
4

Movement of certain medicinal products to the United States of America
4A

Movement of Libyan bank notes and coins
4B
Movement of UK controlled dual-use goods, etc. within the customs territory
5
WMD purposes end-use control supplementing the dual-use Regulation
6

Control on transfers within the customs territory supplementing the dual-use Regulation
7
Transit controls supplementing the dual-use Regulation
8

Provisions supplementing the torture Regulation
9
General prohibition
9A
Transfers within the United Kingdom for WMD purposes
10

Transfers from outside the United Kingdom for WMD purposes
11

Transfers by non-electronic means from the United Kingdom for WMD purposes
12

Military end-use control supplementing the dual-use Regulation
12A

Exceptions to military end-use control supplementing the dual-use Regulation
12B

Exceptions for aircraft
13

Exceptions for vessels
14

Exception for historic military vehicles
14A

Exception for firearms – European firearms pass
15
Exception for firearms – firearm or shot gun certificate or permit
16

Transit or transhipment exception
17

Software and technology exceptions
18

PART 3: TECHNICAL ASSISTANCE CONTROLS

End-use control on technical assistance
19

PART 4: TRADE CONTROLS

Embargoed destinations
20

Category A goods
21

Category B goods
22

Category C goods
23

Exception for movement of goods within the customs territory
24
Exception for activities carried out in the Isle of Man
25

PART 5: LICENCES, ETC.

Licences
26

Person authorised by UK licence to export goods
27

Registration with the Secretary of State
28

Certificates (European military items)
28A
Record keeping – general
29

Registration and record keeping – information security items
30
Inspection of records
31

Amendment, suspension and revocation of licences
32

Licence refusals, etc. and appeals
33

Certificates: refusals, etc. and appeals
33A

PART 6: OFFENCES, ENFORCEMENT AND PENALTIES

Offences relating to prohibitions in Parts 2, 3 and 4
34

Offences relating to prohibitions and restrictions in the dual-use Regulation
35

Offences relating to prohibitions and restrictions in the torture Regulation
36

Further offences relating to the prohibitions etc. in the torture Regulation
36A

Misleading applications for licences ...
37

Failure to comply with licence conditions
38

Customs powers to require evidence of destination
39

Customs powers relating to dual-use goods
40

Application of CEMA in respect of offences
41

Increase of maximum penalty for prohibited exportation provided for in CEMA
42

PART 6A: Provisions relating to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement

Interpretation
42A
Provisions relating to the EU defence-related products Directive

Record-keeping requirement: EU-listed military item supplier
42B
Offence to contravene article 42B
42C
Secretary of State may certify Northern Ireland recipient undertaking
42D
Applying for certificate
42E
Secretary of State may grant certificate
42F
Establishing reliability of Northern Ireland recipient undertaking
42G
Secretary of State may amend, suspend, and revoke certificate
42H
Appeal of Secretary of State decision
42I
Offence relating to misleading application for certificate
42J

Provisions relating to the EU firearms Directive

Exception in relation to Northern Ireland: European firearms pass holders
42K

Provisions relating to the EU dual-use Regulation

Export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology
42L
Offence to contravene article 42L
42M
Exceptions in relation to Northern Ireland: dual-use goods, software, and technology
42N
Exception in relation to Northern Ireland: EU goods in transit
42O
Authorisation requirement: Article 22(1) of the EU dual-use Regulation
42P
Record-keeping requirement: Article 22(8) of the EU dual-use Regulation
42Q
Offences in relation to Article 22 of the EU dual-use Regulation
42R

Provisions relating to the EU torture Regulation

Export control in relation to Northern Ireland: leg irons, gang chains, and portable electric shock devices
42S
Offence to contravene article 42S
42T
Exception in relation to Northern Ireland: category A and C goods
42U

PART 7: GENERAL

Use and disclosure of information
43

Service of notices
44
Revocations and transitional arrangements
45

Review of the implementation of the defence-related products Directive
46
SCHEDULE 1 Articles 2, 24
Goods Subject to Stricter Export and Trade Controls

PART 1: Category A Goods
PART 2: CATEGORY B GOODS

SCHEDULE 2 Article 2
MILITARY GOODS, SOFTWARE AND TECHNOLOGY

Military, Security and Para-military Goods, Software and Technology and Arms, Ammunition and Related Material

SCHEDULE 3 Articles 2 and 4
UK CONTROLLED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY
SCHEDULE 4 Articles 2, 13, 14, 16 and 17
COUNTRIES AND DESTINATIONS SUBJECT TO STRICTER EXPORT OR TRADE CONTROLS

PART 1: EMBARGOED AND NO EXCEPTION FOR TRANSIT
PART 2: EMBARGOED AND SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS
PART 3: SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS
PART 4: SUBJECT TO TRANSIT CONTROL FOR CATEGORY B GOODS

SCHEDULE 5 Article 30
INFORMATION SECURITY ITEMS

SCHEDULE 6 Article 45
REVOCATIONS

The Export Control Order 2008

2008 No. 3231

15th December 200817th December 20086th April 2009

It appears to the Secretary of State that it is expedient for the references in this Order to Council Regulation (EC) No 1334/2000 , Council Regulation (EC) No 1236/2005 , Article 3 of Council Regulation (EEC) No 2913/92 and Article 3 of Council Regulation (EC) No 450/2008 to be construed as references to those instruments and provisions as amended from time to time.Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

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The Export Control Order 2008

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