The Export of Goods (Control) (Amendment) (No. 2) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/1938
Year2003

2003 No. 1938

CUSTOMS AND EXCISE

The Export of Goods (Control) (Amendment) (No. 2) Order 2003

Made 24th July 2003

Coming into force 13th August 2003

The Secretary of State, in exercise of powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 19391and now vested in her2, hereby makes the following Order.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Export of Goods (Control) (Amendment) (No. 2) Order 2003 and shall come into force on 13th August 2003.

(2) In this Order “the principal Order” means the Export of Goods (Control) Order 19943.

S-2 Modifications to the Principal Order

Modifications to the Principal Order

2.—(1) The principal Order shall be amended as follows.

(2) The amendments specified in Schedule 1 to this Order shall have effect.

(3) The revocations specified in Schedule 2 to this Order shall have effect.

Stephen Timms,

Minister of State for Energy, E-Commerce and Postal Services,

Department of Trade and Industry

24th July 2003

SCHEDULE 1

Article 2(2)

MODIFICATIONS TO THE PRINCIPAL ORDER

AMENDMENTS

AMENDMENTS

SCH-1.1

1. In Group 2, Part 1 of Schedule 1, after the words “Group 2 Explosive Related Goods” insert—

SCH-1.1

1. Equipment or devices, other than those specified in Part III of this Schedule or in entry 1A005, 3A229 or 3A232 in Annex I to Council Regulation (EC) No 1334/2000of 22nd June 20004for detection of or use with explosives or for dealing with or protecting against improvised explosive devices (as defined in Part III of this Schedule), as follows, and specially designed components therefor:

(a) electronic equipment capable of detecting concealed explosives;

except:

television or X-ray inspection equipment;

(b) electronic jamming equipment specially designed to prevent the detonation by radio remote control of improvised explosive devices;

(c) equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters and detonating cord;

except:

equipment and devices specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the initiation or creation of explosions; and

pressure controlled equipment specially designed for down-hole oilfield equipment applications and which are incapable of use at atmospheric pressure;

(d) equipment and devices, including shields and helmets, specially designed for the disposal of improvised explosive devices;

except:

bomb blankets and containers designed for holding improvised explosive devices or objects suspected of being such devices.

SCH-1.2

2. Linear cutting explosive charges.

SCH-1.3

3. Technology required for the use of the above (the words “technology”, “required” and “use” being as defined in Part III of this Schedule).”.

SCH-1.2

2. In Part III of Schedule III, after the words “Military, Security and Para-military goods and Arms, Ammunition and Related Material” insert—

“General Technology Note(1) Subject to paragraph 2 below, the export of “technology” specified in this Part of this Schedule is prohibited by Article 2 of this Order if it is capable of being “required” for the “development”, “production” or “use” of “goods” specified in this Part of this Schedule, whether or not the “technology” being exported in the particular case is intended to be applied in respect of such “goods”.(2) The prohibitions in Article 2 does not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of “goods” not specified in this Part of this Schedule, to “technology” “in the public domain”, to “basic scientific research” or to the minimum necessary information for patent applications.

DefinitionsIn this Part:“adapted for use in war” means any modification or selection (such as 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;“additives” means substances used in explosive formulations to improve their properties;“anti-idiotypic antibodies” means antibodies which bind to the specific antigen binding sites of other antibodies;“basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective;“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) enzymes for specific chemical or biochemical reactions;(b) antibodies, monoclonal, polyclonal or “anti-idiotypic”;(c) specially designed or specially processed “receptors”;“critical temperature” (sometimes referred to as the transition temperature) of a specific superconductive material means the temperature at which the specific material loses all resistance to the flow of direct electrical current;“development” is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts;“end-effectors” means grippers, active tooling units (that is, devices for applying motive power, process energy or sensing to the workpiece) and any other tooling that is attached to the baseplate on the end of a “robot” manipulator arm;“expression vectors” means carriers (e.g., plasmid or virus) used to introduce genetic material into host cells;“first generation image intensifier tubes” means electrostatically focused tubes, employing input and output fibre optic or glass face plates, multi-alkali photocathodes (S-20 or S-25), but not microchannel plate amplifiers;“improvised explosive devices” means devices fabricated or intended to be placed in an improvised manner incorporating destructive, lethal, noxious, pyrotechnic or incendiary chemicals designed to destroy, disfigure or harass; they may incorporate military stores, but are normally devised from non-military components;“in the public domain” means available without restriction upon further dissemination (no account being taken of restrictions arising solely from copyright);“laser” means an assembly of components which produce both spatially and temporally coherent light which is amplified by stimulated emission of radiation;“microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of a reference instruction into an instruction register;“military explosives” means solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other military applications, are required to detonate;“military pyrotechnics” means mixtures of solid or liquid fuels and oxidisers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation; pyrophorics are a subclass of pyrotechnics, which contain no oxidisers but ignite spontaneously on contact with air;“monoclonal antibodies” means proteins which bind to one antigenic site and are produced by a single clone of cells;“nuclear reactor” means the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain, come into direct contact with or control the primary coolant of the reactor core;“polyclonal antibodies” means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells;“production” means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance;“programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer;“receptors” means biological macromolecular structure capable of binding ligands, the binding of which affects physiological functions;“required” as applied to “technology”, refers to only that portion of “technology” which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such “required” “technology” may be shared by different “goods”;“riot control agents” means substances which produce temporary, irritating or disabling physical effects which disappear within minutes of removal from exposure. There is no significant risk of permanent injury and medical treatment is rarely required;“robot” means a manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use sensors, and which:(a) Is multifunctional;(b) Is capable of positioning or orienting material, parts, tools or special devices through variable movements in three dimensional space;(c) Incorporates three or more closed or open loop servo-devices which may include stepping motors; and(d) Has “user accessible programmability” by means of the teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e. without mechanical intervention;except:(a) Manipulation mechanisms which are only manually/teleoperator controllable;(b) Fixed sequence manipulation mechanisms, which are automated moving devices, operating according to programmes where...

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