The Export Control Order 2008

Articles 2 and 4

[F1 SCHEDULE 3 U.K. UK CONTROLLED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY

Textual Amendments

F1 Sch. 3 substituted (31.8.2010) by The Export Control (Amendment) (No. 2) Order 2010 (S.I. 2010/2007), arts. 1(1), 2, Sch.

Note: In this Schedule, defined terms are printed in quotation marks.

Definitions
In this Schedule:
	“development” means all stages prior to “production” (eg, design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into goods or “software”, configuration design, integration design, layouts); “energetic materials” means substances or mixtures that react chemically to release energy required for their intended application; “explosives”, “pyrotechnics” and “propellants” are sub-classes of energetic materials; “explosive signatures” are features which are characteristic of explosives in any form prior to their initiation, as detected using technology including, but not limited to, ion mobility spectrometry, chemiluminescence, fluorescence, nuclear, acoustic or electromagnetic techniques; “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 applications, are required to detonate; “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; “lighter-than-air vehicles” means balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift; “previously separated” in relation to a controlled isotope in any form, means after the application of any process intended to increase the concentration of the controlled isotope; “production” means all production stages (eg, product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance); “propellants” means substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work; “pyrotechnic(s)” 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; “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 and the intended use of “technology” is irrelevant to whether it is “required”; “technology” means specific ‘information’ necessary for the “development”, “production” or “use” of goods or “software”;
		Technical Note:
		‘Information’ may take forms including, not limited to: blueprints, plans, diagrams, models, formulae, tables, ‘source code’, engineering designs and specifications, manuals and instructions written or recorded on other media or devices (eg, disk, tape, read-only memories);
		‘source code’ (or source language) is a convenient expression of one or more processes which may be turned by a programming system into equipment executable form.
	“use” means operation, installation (eg, on-site installation), maintenance, checking, repair, overhaul and refurbishing; “vaccines” are medical products in a pharmaceutical formulation licensed by, or having marketing or clinical trial authorisation from, the regulatory authorities of either the country of manufacture or of use, which is intended to stimulate a protective immunological response in humans or animals in order to prevent disease in those to whom or to which it is administered.

Explosive-related goods and technology
PL8001	The export or “transfer by electronic means” of the following goods or “technology” is prohibited to any destination outside all of the following: “the customs territory”, Australia, New Zealand, Canada, Norway, Switzerland, United States of America and Japan:
	a.	Equipment and devices, other than those in Schedule 2 or in 1A004.d., 1A005, 1A006, 1A007, 1A008, 3A229, 3A232 or 5A001.h. in Annex I to “the dual-use Regulation”, for detection of or use with “explosives” or for dealing with or protecting against “improvised explosive devices”, as follows, and specially designed components therefor:
		1.	Electronic equipment designed to detect “explosives” or “explosive signatures”;
			N.B.:	See also 1A004.d. in Annex I to “the dual-use Regulation”.
			Note:	PL8001.a.1. does not control equipment requiring operator judgment to establish the presence of “explosives” or “explosive signatures”.
		2.	Electronic jamming equipment specially designed to prevent the detonation by radio remote control of “improvised explosive devices”;
			N.B.:	See also 5A001.h. in Annex I to “the dual-use Regulation”.
		3.	Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, (eg, firing sets, detonators and igniters);
			N.B.:	See also 1A007, 1A008, 3A229 and 3A232 in Annex I to “the dual-use Regulation”.
			Note:	PL8001.a.3. does not control:
			a.	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;
			b.	Pressure controlled equipment specially designed for down-hole oilfield equipment applications and which are incapable of use at atmospheric pressure; and
			c.	Detonating cord.
		4.	Equipment and devices, including, but not limited to: shields and helmets, specially designed for the disposal of “improvised explosive devices”;
			N.B.:	See also 1A005, 1A006 and 5A001.h. in Annex I to “the dual-use Regulation”.
			Note:	PL8001.a.4. does not control bomb blankets, mechanical handling equipment for manoeuvring or exposing “improvised explosive devices”, containers designed for holding “improvised explosive devices” or objects suspected of being such devices or other equipment specially designed to temporarily protect against “improvised explosive devices” or objects suspected of being such devices.
	b.	Linear cutting explosive charges other than those listed at entry 1A008 of Annex I to “the dual-use Regulation”;
	c.	“Technology” “required” for the “use” of goods in PL8001.a. and PL8001.b.”
		N.B.	See article 18 of this Order for exceptions from the controls on “technology”.

Materials, chemicals, micro-organisms and toxins
PL9002	The export of the following goods is prohibited to any destination:
	“Energetic materials”, as follows, and mixtures containing one or more thereof:
	a.	Nitrocellulose (containing more than 12.5% nitrogen);
	b.	Nitroglycerol;
	c.	Pentaerythritol tetranitrate (PETN);
	d.	Picryl chloride;
	e.	Trinitrophenylmethylnitramine (tetryl);
	f.	2,4,6-Trinitrotoluene (TNT).
	Note:			PL9002 does not control single, double and triple base “propellants”.
PL9003	The export of the following goods is prohibited to any destination:
	“Vaccines” for protection against:
	a.	bacillus anthracis;
	b.	botulinum toxin.
PL9004	The export of the following goods is prohibited to any destination:
	“Previously separated” americium-241, -242m or -243 in any form.
	Note:		PL9004 does not control goods with an americium content of 10 grams or less.
Telecommunications and related technology
PL9005	The export or “transfer by electronic means” of the following goods, or “technology” is prohibited to any destination in Iran:
	a.	Tropospheric scatter communication equipment using analogue or digital modulation techniques and specially designed components therefor;
	b.	“Technology” for the “development”, “production” or “use” of goods specified in PL9005.a.
		N.B.		See article 18 of this Order for exceptions from the controls on “technology”.
Detection equipment
PL9006	The export of ‘electro-statically powered’ equipment for detecting “explosives”, other than detection equipment specified in Schedule 2, PL8001.a.1. or in 1A004.d. in Annex I to “the dual-use Regulation”, is prohibited to any destination in Afghanistan or Iraq.
	Technical note ‘Electro-statically powered’ means using electro-statically generated charge.
Vessels and related software and technology
PL9008	The export or “transfer by electronic means” of the following goods, “software” or “technology” is prohibited to any destination in Iran:
	a.	“Vessels”, inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”:
		1.	Marine “vessels” (surface or underwater), inflatable craft and ‘submersible vehicles’;
		2.	Equipment and components, designed for “vessels”, inflatable craft and ‘submersible vehicles’, as follows:
			a.		Hull and keel structures and components;
			b.		Propulsive engines designed or modified for marine use and specially designed components therefor;
			c.		Marine radar, sonar and speed log equipment, and specially designed components therefor;
	b.	“Software” designed for the “development”, “production” or “use” of goods specified in PL9008.a..
	c.	“Technology” for the “development”, “production”, or “use” of goods or “software” specified in PL9008.a. or PL9008.b.
		N.B.		See article 18 of this Order for exceptions from the controls on “technology”.
	Technical note: ‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles.
Aircraft and related technology
PL9009	The export or “transfer by electronic means” of the following goods or “technology” is prohibited to any destination in Iran:
	a.	“Aircraft”, “lighter-than-air vehicles” and steerable parachutes, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to “the dual-use Regulation”:
		1.	“Aircraft”, “lighter-than-air vehicles” and steerable parachutes;
		2.	Equipment and components, designed for “aircraft” and “lighter-than-air vehicles”, as follows:
			a.		Airframe structures and components;
			b.		Aero-engines and auxiliary power units (APU)s and specially designed components therefor;
			c.		Avionics and navigation equipment and specially designed components therefor;
			d.		Landing gear and specially designed components therefor, and aircraft tyres;
			e.		Propellers and rotors;
			f.		Transmissions and gearboxes, and specially designed components therefor;
			g.		Unmanned aerial vehicle (UAV) recovery systems;
	b.	Not used;
	c.	“Technology” for the “development”, “production” or “use” of goods specified in PL9009.a.
		N.B.		See article 18 of this Order for exceptions from the controls on “technology”.
	Note: PL9009.c. does not control technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable goods that are necessary for the continuing airworthiness and safe operation of civil “aircraft”]