Council Regulation (EC) No 428/2009Show full title

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)

[F1ANNEX IIeU.K. [F2RETAINED] GENERAL EXPORT AUTHORISATION No [F3005] (referred to in Article 9(1) of this Regulation)

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Telecommunications U.K.

Issuing authority: [F4the Secretary of State] U.K.

Part 1 –Items U.K.

This general export authorisation covers the following dual-use items specified in Annex I to this Regulation:

(a)

the following items of Category 5, Part l:

(i)

items, including specially designed or developed components and accessories therefor specified in 5A001.b.2. and 5A001.c. and 5A001.d.;

(ii)

items specified in 5B001 and 5D001, where test, inspection and production equipment is concerned and software for items mentioned under (i);

(b)

technology controlled by 5E001.a., where required for the installation, operation, maintenance or repair of items specified under (a) and intended for the same end-user.

Part 2 –Destinations U.K.

This authorisation is valid F5... for exports to the following destinations:

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  • Argentine Republic,

  • People’s Republic of China (including Hong Kong Special Administrative Region and Macao Special Administrative Region),

  • Republic of Croatia,

  • Republic of India,

  • Republic of South Africa,

  • Republic of Korea,

  • Republic of Turkey,

  • F6...

  • Ukraine.

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F6Words in Annex 2e Pt. 2 omitted (7.12.2022) by virtue of The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 22

Part 3 –Conditions and requirements for use U.K.
1. This authorisation does not authorise the export of items where: U.K.
(1)

the exporter has been informed by the [F7Secretary of State] that the items in question are or may be intended, in their entirety or in part:

(a)

for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons;

(b)

for a military end-use as defined in Article 4(2) of this Regulation where the purchasing country or country of destination is subject to an arms embargo imposed by F8... a decision of the Organization for Security and Co-operation in Europe or an arms embargo imposed by a binding resolution of the Security Council of the United Nations;

(c)

for use as parts or components of military items listed in the national military list that have been exported from the [F9United Kingdom] without authorisation or in breach of an authorisation prescribed by [F10national legislation]; or

(d)

for use in connection with a violation of human rights, democratic principles or freedom of speech F11..., by using interception technologies and digital data transfer devices for monitoring mobile phones and text messages and targeted surveillance of Internet use (e.g., via Monitoring Centres and Lawful Interception Gateways);

(2)

the exporter, under his obligation to exercise due diligence, is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in subparagraph 1;

(3)

the exporter, under his obligation to exercise due diligence, is aware that the items in question will be [F12exported] to any destination other than those listed in Part 2 of this Annex or in Part 2 of Annex IIa F13...;

(4)

the relevant items are exported to a customs-free zone or a free warehouse which is located in a destination covered by this authorisation.

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2.Exporters must mention the F14... reference number X002 and specify that the items are being exported under F14... General Export Authorisation [F15005] in box 44 of the Single Administrative Document.U.K.

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F14Word in Annex 2e Pt. 3 para. 2 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 3(27)(d)(vi) (with reg. 5) (as amended by S.I. 2020/1502, regs. 2(3), 10); 2020 c. 1, Sch. 5 para. 1(1)

3. Any exporter who uses this authorisation must notify the [F16Secretary of State] of the first use of this authorisation no later than 30 days after the date when the first export took place or, alternatively, and in accordance with a requirement by the [F17Secretary of State], prior to the first use of this authorisation. F18... U.K.

Reporting requirements attached to the use of this authorisation and additional information that the [F19Secretary of State] might require on items exported under this authorisation are defined by [F20the Secretary of State].

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[F21The Secretary of State] may require exporters F22... to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the [F23Secretary of State] to the exporter without delay and in any case within 10 working days of receipt, subject to Article 9(1) of this Regulation.

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Where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by [F24the Secretary of State].]

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