The Export Control Order 2008 No. 3231

[F1 PART 6A U.K. Provisions relating to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement

Textual Amendments

F1 Pt. 6A inserted (31.12.2020) by S.I. 2019/137, regs. 1, 4(28B) (as inserted by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 7(9) (as amended by The Export Control (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1510), regs. 1, 2)); 2020 c. 1, Sch. 5 para. 1(1)

Provisions relating to the EU defence-related products Directive U.K.

Establishing reliability of Northern Ireland recipient undertaking U.K.

42G.— (1) The Secretary of State, to establish the reliability of a Northern Ireland recipient undertaking, must assess the following criteria in relation to the recipient—

(a) its capacity to observe limitations on the export of an EU-listed military item received under authorisation granted by a competent authority;

(b) its proven experience in defence activities, in particular,—

(i) the record of compliance by the undertaking with export restrictions, including any relevant court decisions;

(ii) any authorisation held by the undertaking to produce or market an EU-listed military item;

(iii) the employment of experienced management staff by the recipient;

(c) its relevant industrial activity in Northern Ireland or the EU customs territory relating to an EU-listed military item, with, in particular, capacity for system or sub-system integration;

(d) the appointment of a senior executive as the dedicated officer personally responsible for exports and transfers;

(e) the provision of a written commitment, signed by the senior executive referred to in subparagraph (d), that—

(i) the undertaking will take all necessary steps to observe and enforce any specific condition of an authorisation granted by a competent authority relating to end-use and re-export of any specific component or product received;

(ii) the undertaking will provide to the Secretary of State, on request, detailed information concerning the end-user or end-use of the EU-listed military item exported, transferred, or received under an authorisation granted by a competent authority; and

(f) the provision of a written description, signed by the senior executive referred to in subparagraph (d), of the internal compliance programme or export and transfer management system of the undertaking, including details of—

(i) the organisational, human, and technical resources allocated to the management of exports and transfers;

(ii) the chain of responsibility within the undertaking;

(iii) internal audit procedures;

(iv) awareness-raising

(v) staff-training;

(vi) physical and technical security arrangements;

(vii) record-keeping; and

(viii) traceability of exports and transfers.

(2) In this article, “competent authority” means an authority in a member State responsible for carrying out the obligations of that member State under the EU defence-related products Directive.]