The Export Control (Amendment) Order 2022

Amendments to the Export Control Order 2008

2.—(1) The Export Control Order 2008(1) is amended as follows.

(2) In article 9A, after “3 to 9” insert “or 12A”.

(3) After article 12, insert—

 “Military end-use control supplementing the dual-use Regulation

12A.— (1) This article applies where a person (“a relevant person”)—

(a) has been informed by the Secretary of State that dual-use goods, software or technology are, or may be intended, in their entirety or in part, for use by a relevant entity, and

(b) the dual-use goods, software or technology in question are not specified in Annex I to the dual-use Regulation.

(2) Subject to articles 12B, 18 and 26, a relevant person shall not—

(a) export the goods in question, or

(b) transfer the software or technology in question by electronic means to a destination outside the United Kingdom.

(3) In this article, “relevant entity” means—

(a) any military forces, para-military forces, police forces, security services or intelligence services of a country that is one or more of the following—

(i) an embargoed destination,

(ii) subject to an arms embargo imposed by a decision of the Organization for Security and Co-operation in Europe, or

(iii) subject to an arms embargo imposed by a binding resolution of the Security Council of the United Nations, or

(b) any person involved in the procurement, research, development, production or use of dual-use goods, software or technology on behalf, or at the direction, of any of the entities mentioned in subparagraph (a).

Exceptions to military end-use control supplementing the dual-use Regulation

12B.— (1) Nothing in article 12A shall be taken to prohibit—

(a) the export of medical goods, including medicines and medical devices, for the benefit of the civilian population of a country;

(b) the export of consumer goods generally available to the public, or

(c) the transfer of software or technology generally available to the public.

(2) For the purposes of paragraph (1), goods, software or technology are generally available to the public if they are—

(a) sold from stock at retail selling points without restriction, by means of—

(i) over the counter transactions,

(ii) mail order transactions,

(iii) electronic transactions, or

(iv) telephone order transactions, and

(b) designed for installation by the user without further substantial support by the supplier.”.

(4) In article 18(2), for “11 or 12” substitute “11, 12 or 12A”.

(5) In article 34, after paragraph (3), insert—

“(3A) A person who contravenes a prohibition in Part 2 of this Order that is engaged because the person has been informed by the Secretary of State that dual-use goods, software or technology are or may be intended, in their entirety or in part, for use by a relevant entity referred to in article 12A (military end-use control supplementing the dual-use Regulation), commits an offence and may be arrested.”.

(6) In article 34, in paragraph (4), after “paragraph (3)” insert “or (3A)”.

(7) In article 40—

(a) in paragraph (1)(a), after “purposes;” omit “or”,

(b) in paragraph (1)(b), for “Regulation.” substitute “Regulation; or”, and

(c) after paragraph (1)(b), insert—

“(c) that the goods are or may be intended, in their entirety or in part, for use by a relevant entity referred to in article 12A (military end-use control supplementing the dual-use Regulation).”.

(8) In article 41,—

(a) in paragraph (1)(a)(i), after “12,” insert “12A,”, and

(b) in paragraph (2)(a), after “12,” insert “12A,”.

(9) In article 42N, in paragraph (1), for “Article 6 (WMD purposes end-use control supplementing the dual-use Regulation) does not” substitute “Articles 6 (WMD purposes end-use control supplementing the dual-use Regulation) and 12A (military end-use control supplementing the dual-use Regulation) do not”.

(10) In Part 2 of Schedule 4, at the appropriate places,—

(a) insert “China (People’s Republic other than the Special Administrative Regions)”,

(b) insert “Hong Kong Special Administrative Region”, and

(c) insert “Macao Special Administrative Region”.

(11) In Part 3 of Schedule 4—

(a) omit “China (People’s Republic other than the Special Administrative Regions)”, and

(b) omit “Macao Special Administrative Region”.

(12) In Part 4 of Schedule 4, omit “Hong Kong Special Administrative Region”.

(1)

S.I. 2008/3231, amended by S.I. 2009/1852, S.I. 2010/615, S.I. 2011/825, S.I. 2011/1304, S.I. 2011/2010, S.I. 2011/2925, S.I. 2014/2357, S.I. 2015/1546, S.I. 2016/503, S.I. 2017/83, S.I. 2018/108, S.I. 2019/989; there are other amendments to the Order but none is relevant.