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)

CHAPTER IIU.K.SCOPE

Article 3U.K.

1.An authorisation shall be required for the export of the dual-use items listed in Annex I.

2.Pursuant to Article 4 F1..., an authorisation may also be required for the export to all or certain destinations of certain dual-use items not listed in Annex I.

Textual Amendments

Article 4U.K.

1.An authorisation shall be required for the export of dual-use items not listed in Annex I if the exporter has been informed by the [F2Secretary of State] that the items in question are or may be intended, in their entirety or in part, 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.

2.An authorisation shall also be required for the export of dual-use items not listed in Annex I if the purchasing country or country of destination is subject to an arms embargo [F3imposed [F4through its listing as an embargoed destination in Part 1 or 2 of Schedule 4 to the Export Control Order 2008, as amended from time to time, or by]] a decision of the Organisation for Security and Cooperation in Europe (OSCE) or an arms embargo imposed by a binding resolution of the Security Council of the United Nations and if the exporter has been informed by the [F5Secretary of State] that the items in question are or may be intended, in their entirety or in part, for a military end-use. For the purposes of this paragraph, ‘military end-use’ shall mean:

(a)incorporation into military items listed in [F6Schedule 2 to the Export Control Order 2008];

(b)use of production, test or analytical equipment and components therefor, for the development, production or maintenance of military items listed in the abovementioned list;

(c)use of any unfinished products in a plant for the production of military items listed in the abovementioned list.

3.An authorisation shall also be required for the export of dual-use items not listed in Annex I if 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, for use as parts or components of military items listed in [F8Schedule 2 to the Export Control Order 2008, as amended from time to time,] that have been exported [F9without authorisation or in violation of an authorisation granted by the Secretary of State].

4.If an exporter is aware that dual-use items which he proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraphs 1, 2 and 3, he must notify the [F10Secretary of State], which will decide whether or not it is expedient to make the export concerned subject to authorisation.

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8.This Regulation is without prejudice to [F12Article 10 of Regulation (EU) 2015/479].

Textual Amendments

Article 5U.K.

1.An authorisation shall be required for brokering services of dual-use items listed in Annex I if the broker has been informed by the [F13Secretary of State] that the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1). If a broker is aware that the dual-use items listed in Annex I for which he proposes brokering services are intended, in their entirety or in part, for any of the uses referred to in Article 4(1), he must notify the [F14Secretary of State, who] will decide whether or not it is expedient to make such brokering services subject to authorisation.

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Textual Amendments

F16Article 6U.K.

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Textual Amendments

Article 7U.K.

This Regulation does not apply to the supply of services or the transmission of technology if that supply or transmission involves cross-border movement of persons.

F17Article 8U.K.

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Textual Amendments