The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/771
  • These Regulations may be cited as the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
  • (1) The Export Control Act 2002 (2) In section 5 (general restriction on control powers) , omit subsection (3) .(3) In section 11 (interpretation) , for the definition of “EU provision”, substitute—
      EU provision” means a provision of an EU instrument as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
    .
    (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .omit “any Member state”;omit “other”.(1) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transfer, brokering and transit of dual-use items is amended as follows.(2) In Article 1 (establishment of dual-use controls regime) , for “Community” substitute “ United Kingdom ”.for paragraph 2 substitute—
      (2) ‘export’ shall be construed as follows—
    • (1) it only includes removal from the United Kingdom to a destination outside of the United Kingdom and the Isle of Man;
    • (2) it includes shipment as stores;
    • (3) in relation to a vessel, vehicle, submersible vehicle or aircraft, it includes taking it out of the United Kingdom, notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power;
    • (4) it includes transmission of software or technology by electronic media, including by fax, telephone, email or any other electronic means to a destination outside of the United Kingdom; it includes making available in an electronic form such software and technology to legal and natural persons and partnerships outside of the United Kingdom. Export also applies to oral transmission of technology when the technology is described over the telephone.
    ;
    it only includes removal from the United Kingdom to a destination outside of the United Kingdom and the Isle of Man;it includes shipment as stores;in relation to a vessel, vehicle, submersible vehicle or aircraft, it includes taking it out of the United Kingdom, notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power;it includes transmission of software or technology by electronic media, including by fax, telephone, email or any other electronic means to a destination outside of the United Kingdom; it includes making available in an electronic form such software and technology to legal and natural persons and partnerships outside of the United Kingdom. Export also applies to oral transmission of technology when the technology is described over the telephone.in the words before point (i) , after “partnership” insert “ resident or established in the United Kingdom ”;for “customs territory of the Community”, in the first place it occurs, substitute “ United Kingdom to a destination outside of the United Kingdom and the Isle of Man. If no export declaration has been made, the exporter means the person who holds the contract with the consignee in the third country and has power for determining the sending of the item out of the United Kingdom to a destination outside of the United Kingdom and the Isle of Man. ”;for “customs territory of the Community”, in the second place it occurs, substitute “ United Kingdom to a destination outside of the United Kingdom and the Isle of Man ”;in point (ii) , for “the Community” substitute “ of the United Kingdom ”;in the unnumbered paragraph following point (ii) , for “Community” substitute “ United Kingdom ”;for “place” substitute “ export ”;omit “under an export procedure”;for paragraph 6 (definition of ‘broker’) substitute—
      (6) ‘broker’ means:(i) any person resident or established in the United Kingdom who carries out brokering services from the United Kingdom into the territory of a third country; or(ii) any United Kingdom national who carries out brokering services from the United Kingdom into the territory of a third country;(iii) any United Kingdom person who carries out brokering services from a country within the European Union into the territory of another third country;(iv) any person resident or established in the European Union who carries out brokering services from the United Kingdom into the territory of a third country; or(v) any European Union national who carries out brokering services from the United Kingdom into the territory of a third country;(6A) ‘European Union national’ means a natural person who is a national of a Member State of the European Union;(6B) ‘third country’ means any country or territory outside of the United Kingdom and the Isle of Man;
    ;
    any person resident or established in the United Kingdom who carries out brokering services from the United Kingdom into the territory of a third country; orany United Kingdom national who carries out brokering services from the United Kingdom into the territory of a third country;any United Kingdom person who carries out brokering services from a country within the European Union into the territory of another third country;any person resident or established in the European Union who carries out brokering services from the United Kingdom into the territory of a third country; orany European Union national who carries out brokering services from the United Kingdom into the territory of a third country;‘European Union national’ means a natural person who is a national of a Member State of the European Union;‘third country’ means any country or territory outside of the United Kingdom and the Isle of Man;for “non-Community”, substitute “ non-United Kingdom ”; andfor “customs territory of the Community with a destination outside the Community”, substitute “ United Kingdom with a destination outside of the United Kingdom and the Isle of Man ”;after paragraph 7 insert—
      (7A) ‘United Kingdom national’ means a British Citizen, a British overseas territories citizen, a British National (Overseas) , a British Overseas citizen, or a person who, under the British Nationality Act 1981 , is a British subject or a British protected person within the meaning of that Act;
    ‘United Kingdom national’ means a British Citizen, a British overseas territories citizen, a British National (Overseas) , a British Overseas citizen, or a person who, under the British Nationality Act 1981 ‘United Kingdom person’ means a United Kingdom national or a legal person, entity or body incorporated or constituted under the law of the United Kingdom or any part of the United Kingdom;in paragraph 9, for “union”, substitute “ retained ”;omit paragraph 12 (definition of ‘customs territory of the European Union’) ; andomit paragraph 13 (definition of ‘non-Community dual-use items’) .(4) In Article 3 (scope) , in paragraph 2, omit “or Article 8”.in paragraph 1, for “competent authorities of the Member State in which he is established”, substitute “ Secretary of State ”;for “by a decision or a common position adopted by the Council or”, substitute “ through its listing as an embargoed destination in Part 1 or 2 of Schedule 4 to the Export Control Order 2008, as amended from time to time, or by ”;for “authorities referred to in paragraph 1”, substitute “ Secretary of State ”; andin point (a) , for “the military list of Member States”, substitute Schedule 2 to the Export Control Order 2008;for “authorities referred to in paragraph 1”, substitute “ Secretary of State ”;for “the national military list”, substitute Schedule 2 to the Export Control Order 2008, as amended from time to time, ”; andfor “from the territory of that Member State without authorisation or in violation of an authorisation prescribed by national legislation of that Member State”, substitute “ without authorisation or in violation of an authorisation granted by the Secretary of State ”;in paragraph 4, for “authorities referred to in paragraph 1”, substitute “ Secretary of State ”;omit paragraphs 5 to 7; andin paragraph 8, for the words from “the right” to the end substitute “Article 10 of Regulation (EU) 2015/479”.for “competent authorities of the Member State in which he is resident or established”, substitute “ Secretary of State ”; andfor “competent authorities which”, substitute “ Secretary of State, who ”; andomit paragraphs 2, 3 and 4.(7) Omit Article 6 (transit of non-Community dual-use

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