The Dual-Use Items (Export Control) (Amendment) Regulations 2001 (revoked)

4.—(1) The following amendments shall be made in Schedule 3 Part 1 of the principal Regulations:

(a) At the end of (3) the word “and” shall be deleted; and

(b) At the end of (4) the following shall be inserted:

“;

(5) Subject to (7) any cryptography development software in entry 5D002 of Annex 1, other than software having the characteristics, or performing or simulating the functions, of equipment designed or modified to perform cryptanalytic functions;

(6) Subject to (7) any cryptography development technology in entry 5E002, other than technology for the development, production or use of:

(a) equipment designed or modified to perform cryptanalytic functions, or

(b) software having the characteristics, or performing or simulating the functions, of equipment designed or modified to perform cryptanalytic functions;

(7) The provisions in sub-paragraphs (5) and (6) are limited to cases in which the item is for use by the exporter, or by any subsidiary or parent undertaking of the exporter, or by a business or academic collaborator of the exporter, in his or their own commercial cryptographic product development activities but only insofar as they are activities pursuant to the agreement establishing the collaboration; and

(8) In paragraph (7) “business or academic collaborator” and “parent undertaking” and “subsidiary undertaking” shall have the following meanings:

(a) “business or academic collaborator” means a person who is either working by way of business in research and development of cryptography or cryptographic products or is teaching, or undertaking research as a member of or at a university or institution of higher education into, cryptography or cryptographic products and with whom an exporter has previously entered into an agreement for the carrying out of work comprising or related to research into or development of cryptography or cryptograpic products;

(b) “parent undertaking” and “subsidiary undertaking” have the meanings assigned by sections 258 and 259 of the Companies Act 1985 (as substituted by sections 21 and 22 of the Companies Act 1989).”.