The Somalia (Sanctions) (EU Exit) Regulations 2020

Regulation 19

SCHEDULE 2 U.K. Definitions used in Part 5 (Trade)

PART 1 U.K. Interpretation

1.—(1) For the purposes of this Schedule— U.K.

(a) a thing “falls within” a commodity code if it is, or would be, classified under that commodity code, as set out in the Goods Classification Table;

(b) a thing “falls within” a chapter if it is, or would be, classified under that chapter, as set out in the Goods Classification Table;

(c) where a commodity code or chapter is preceded by “ex”, the goods specified in this Schedule constitute only a part of the scope of the commodity code or chapter and must fall within both the description given to that code or chapter in this Schedule and the scope of the code or chapter in the Goods Classification Table.

(2) For the purposes of determining whether or not a thing is, or would be, “classified” in accordance with sub-paragraph (1), the rules of interpretation in the following have effect—

(a) Part Two (Goods Classification Table Rules of Interpretation) of the Tariff of the United Kingdom;

(b) notes to a section or chapter of the Goods Classification Table.

(3) For the purposes of this paragraph—

(a) “commodity code” includes a code denoting a heading or sub-heading;

(b) “the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom;

(c) “the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom”, as revised or re-issued from time to time M1 , including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 M2 replacing the same in whole or in part.

(4) The references in this Schedule to a “CAS No.” followed by a numerical sequence is a reference to the CAS Registry Numbers (CAS numbers) assigned to chemicals by the Chemical Abstracts Service, a division of the American Chemical Society. In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers.

(5) For the purposes of this Schedule, the following terms have the meaning given to them in Schedule 2 to the Export Control Order 2008—

(a) “production”;

(b) “required”;

(c) “technology”;

(d) “use”.

Commencement Information

I1 Sch. 2 para. 1 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)

Marginal Citations

M1 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/837199/Tariff_Reference_Document_8th_October.pdf. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.

M2 2018 ch. 22.

PART 2 U.K. Charcoal

2.  For the purposes of regulation 19(1), “ charcoal” means any thing which falls within commodity code 4402. U.K.

Commencement Information

I2 Sch. 2 para. 2 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)

PART 3 U.K. IED components

3.—(1) For the purposes of regulation 19(1), “ IED component” means any thing described in sub-paragraphs (2) to (6). U.K.

(2) Equipment and devices specifically designed to initiate explosives by electrical or non-electrical means, including—

(a) firing sets;

(b) detonators;

(c) igniters;

(d) detonating chord.

(3) Technology required for the production or use of any thing mentioned in sub-paragraph (2).

(4) Any thing falling—

(a) within a commodity code or CAS No. in the following table; and

(b) within the description in column 1 beside the relevant commodity code or CAS No.

Explosive materials

Name of the substance	CAS No.	Commodity Code
Tetryl (trinitrophenylmethylnitramine)	479-45-8	2929 90 00
Ammonium Nitrate Fuel Oil	6484-52-2	3102 30 3102 40
Nitrocellulose (containing more than 12.5% nitrogen w/w)	9004-70-0
Nitroglycol	55-63-0	ex 2920 90 70
Pentaerythritol tetranitrate (PETN)	78-11-5	ex 2920 90 70
Picryl chloride	88-88-0	ex 2904 99 00
2, 4, 6- trinotrotoluene (TNT)	118-96-7	2904 20 00

(5) Any thing falling—

(a) within a commodity code or CAS No. in the following table; and

(b) within the description in column 1 beside the relevant commodity code or CAS No.

Explosives precursors

Name of the substance	CAS No.	Commodity Code
Ammonium nitrate	6484-52-2	3102 30
Potassium nitrate	7757-79-1	2834 21 00
Sodium chlorate	7775-09-9	2829 11 00
Nitric acid	7697-37-2	ex 2808
Sulphuric acid	7664-93-9	ex 2807

(6) Any mixture containing one or more item mentioned in subparagraph (4) or (5).

Commencement Information

I3 Sch. 2 para. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)