The Trade in Goods (Control) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/2765 |
2003 No. 2765
CUSTOMS AND EXCISE
The Trade in Goods (Control) Order 2003
Made 30th October 2003
Laid before Parliament 31th October 2003
Coming into force 1st May 2004
The Secretary of State, in exercise of the powers conferred by sections 4, 5 and 7 of the Export Control Act 20021, hereby makes the following Order:
Citation, commencement and extent
1.—(1) This Order may be cited as the Trade in Goods (Control) Order 2003 and shall come into force on 1st May 2004.
(2) Articles 3(1) and 4 apply to any person within the United Kingdom and article 3(2) applies to any person elsewhere who is a United Kingdom person as defined in section 11(1) of the Export Control Act 2002.
Interpretation
2.—(1) In this Order:
“to acquire” in relation to controlled goods, means to buy, hire, borrow or to accept them as a gift; and cognate expressions shall be construed accordingly;
“the Act” means the Export Control Act 2002;
“the Commissioners” means the Commissioners of Customs and Excise;
“controlled goods” means goods used and unused, specified in Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 20032, the transfer, acquisition or disposal, of which are prohibited by this Order, but does not include goods which are “restricted goods”. For the avoidance of doubt, “controlled goods” does not include software and technology;
“country” includes territory;
“customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 19793;
“to dispose of” in relation to controlled goods, means to sell, let on hire, lend or to give them as a gift; and cognate expressions shall be construed accordingly;
“prescribed sum” has the same meaning as in the Customs and Excise Management Act 1979;
“restricted goods” means goods, both used and unused, specified in the Schedule to this Order and which would otherwise be “controlled goods”, the supply and delivery of which are prohibited by this Order;
“a third country” means any country that is not the United Kingdom or the Isle of Man;
“transfer” means to move controlled goods over which one has rights of disposal from one third country to another third country;
“in transit” means any controlled goods imported into the United Kingdom or the Isle of Man for transit or transhipment.
(2) Any reference in this Order to time after an event is a reference to a period of that length of time beginning on the day after that event.
Supply or delivery of restricted goods
3.—(1) Subject to the provisions of this Order, no person shall directly or indirectly—
(a)
(a) supply or deliver;
(b)
(b) agree to supply or deliver; or
(c)
(c) do any act calculated to promote the supply or delivery of,
any restricted goods, where that person knows or has reason to believe that his action or actions will, or may, result in the removal of those goods from one third country to another third country.
(2) Subject to the provisions of this Order, no United Kingdom person shall directly or indirectly—
(a)
(a) supply or deliver;
(b)
(b) agree to supply or deliver; or
(c)
(c) do any act calculated to promote the supply or delivery of,
any restricted goods, where that person knows or has reason to believe that his action or actions will, or may, result in the removal of those goods from one third country to another third country.
(3) Paragraph (1) applies to any act, or any part of any act, done in the United Kingdom.
(4) Paragraph (2) applies to any act, or any part of any act, done outside the United Kingdom or the Isle of Man.
(5) Paragraphs (1) and (2) do not apply to any restricted goods that are present in the United Kingdom or the Isle of Man unless they are goods in transit.
(6) For the purpose of paragraphs (1) and (2), restricted goods that are goods in transit shall be considered to be located in a third country.
(7) Nothing in paragraph (1) or (2) shall be taken to prohibit any activities authorised by a licence in writing granted by the Secretary of State under this Order or under any other order made under the Act, provided that all the conditions attaching to the licence are complied with.
(8) Nothing in paragraph (1)(b) or (c) or 2(b) or (c) shall apply where the supply or delivery of the restricted goods to the person or place concerned is authorised by a licence in writing granted by the Secretary of State under this Order.
Transfer, acquisition or disposal of controlled goods
4.—(1) Subject to the provisions of this Order, no person shall—
(a)
(a) arrange the transfer of controlled goods from one third country to another third country; or
(b)
(b) acquire or dispose, or agree to acquire or dispose, of any controlled goods, where that person knows or has reason to believe that such an acquisition or disposal will or may result in the removal of those goods from one third country to another third country.
(2) Subject to the provisons of this Order, no person shall—
(a)
(a) arrange or negotiate; or
(b)
(b) agree to arrange or negotiate,
a contract for the acquisition or disposal of any controlled goods, where that person knows or has reason to believe that such a contract will or may result in the removal of those goods from one third country to another third country.
(3) Subject to the provisions of this Order, no person shall in return for a fee, commission or other consideration—
(a)
(a) do any act; or
(b)
(b) agree to do any act,
calculated to promote the arrangement or negotiation of a contract for the acquisition or disposal of controlled goods, where that person knows or has reason to believe that such a contract will or may result in the removal of those goods from one third country to another third country.
(4) Paragraphs (1), (2) and (3) apply to any act, or any part of any act, done in the United Kingdom.
(5) Paragraphs (1), (2) and (3) shall not apply to any person whose sole involvement in relation to the transfer, acquisition or disposal of any controlled goods is to provide or agree to provide—
(a)
(a) transportation services,
(b)
(b) financing or financial services,
(c)
(c) insurance or reinsurance services, or
(d)
(d) general advertising or promotion services.
(6) Paragraphs (1), (2) and (3) do not apply to controlled goods that are present in the United Kingdom or the Isle of Man unless they are goods in transit.
(7) For the purposes of paragraphs (1), (2) and (3) controlled goods that are goods in transit shall be considered to be located in a third country.
(8) Nothing in paragraph (1), (2) or (3) shall be taken to prohibit any activities authorised by a licence in writing granted by the Secretary of State under this Order or under any other order made under the Act, provided that all conditions attaching to the licence are complied with.
LICENCES
Granting and revocation of licences etc.
5.—(1) The Secretary of State may grant licences authorising any act that would otherwise be prohibited under this Order.
(2) Any licence granted by the Secretary of State in pursuance of this Order, may be—
(a)
(a) either general or individual;
(b)
(b) limited so as to expire on a specified date unless renewed; and
(c)
(c) subject to, or without, conditions and any such condition may require any act or omission before or after the doing of the act authorised under that licence.
(3) Any licence granted under this Order, shall be in writing and may be amended, suspended or revoked by the Secretary of State at any time and in such circumstances and on such terms as he thinks fit by serving a notice to that effect on the holder of the licence.
Registration with the Secretary of State
6.—(1) Not later than 30 days after any person first does any act under the authority of any general licence granted by the Secretary of State that does not provide otherwise, that person shall give to the Secretary of State written notice of his name and the address at which copies of the records referred to in article 7(1) may be inspected by any person authorised by the Secretary of State or the Commissioners under article 7(4).
(2) A person who has given to the Secretary of State written notice of particulars under paragraph (1) shall, not later than 30 days after any change in those particulars, give to the Secretary of State written notice of the changed particulars.
Record keeping and inspection
7.—(1) Any person who does any act under the authority of any general licence under this Order shall keep registers or records in accordance with this article.
(2) The registers or...
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