The Dual-Use and Related Goods (Export Control) Regulations 1996

Dual-Use and Related Goods

4.—(1) A Community Licence shall be the authorisation required by—

(a) Article 3 of the Regulation for the export from the European Community of all goods of a description specified in Annex I to the Decision, and

(b) Article 4(1) of the Regulation for the export from the European Community, in the circumstances therein described, of dual-use goods not of a description specified in Annex I to the Decision; and a licence granted by the Secretary of State shall be the authorisation required by Articles 19(1)(b) and 21 of the Regulation for the export to another Member State of goods specified in Annex IV to the Decision.

(2) Subject to the provisions of these Regulations—

(a) goods of a description specified in Schedule 2 hereto are prohibited to be exported as therein provided;

(b) goods other than dual-use goods which—

(i) the exporter (or, if the exporter is not within the United Kingdom, any agent of his within the United Kingdom concerned in the exportation or intended exportation) has been informed by a competent authority are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons, or

(ii) the exporter knows are intended, wholly or in part, to be used in connection with one of the activities referred to in sub-paragraph (i) above, or

(iii) the exporter has grounds for suspecting might be used, wholly or in part, in connection with an activity referred to in sub-paragraph (i) above unless he has made all reasonable enquiries as to their proposed use and satisfied himself that they will not be so used, are prohibited to be exported to any destination;

(c) dual-use goods which the exporter has grounds for suspecting might be used, wholly or in part, in connection with an activity referred to in sub-paragraph (b)(i) above, unless he has made all reasonable enquiries as to their proposed use and satisfied himself that they will not be so used, are prohibited to be exported to any destination not in a Member State; and

(d) the following goods are prohibited to be exported to a destination in a Member State:

(i) all goods specified in Schedule 3 hereto; and

(ii) any—

(aa) goods of a description specified in Annex I to the Decision or Schedule 2 hereto, or

(bb) dual-use goods which are not of a description specified in Annex I to the Decision but for the export of which from the European Community an authorisation is required in accordance with Article 4(1) of the Regulation, in respect of which in either case the exporter knows at the time of export that the final destination of those goods is outside the European Community and no processing or working is to be performed on those goods in any Member State to which they are exported; and in this sub-paragraph, “processing or working” has the same meaning as in Article 24 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code(1).

(3) Subject to the provisions of these Regulations, paragraph (2) above does not prohibit the export of any goods in relation to which a licence has been granted by the Secretary of State provided that all conditions attaching to the said licence are complied with.

(4) Any dual-use goods which are not of a description specified in Annex I to the Decision, in relation to which a Community licence has not been granted and which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community, not being goods which pass only through the territory of the Community within the meaning of Article 3(3) of the Regulation, may be detained by the proper officer of Customs and Excise as if they were liable to forfeiture if and so long as he has reason to believe that the appropriate authorities (after, if necessary, having had the impending exportation brought to their attention) might inform the exporter (within the meaning of the Regulation) as provided in Article 4(1) of the Regulation.

(5) Any goods, other than dual-use goods, in relation to which a licence has not been granted and which are brought to any place in the United Kingdom for the purpose of being exported may be detained by the proper officer of Customs and Excise as if they were liable to forfeiture if and so long as he has reason to believe that a competent authority (after, if necessary, having had the impending exportation brought to its attention) might inform the exporter (or his agent, as the case may be) as provided in paragraph (2)(b)(i) above.

(6) Where either—

(a) a Community licence has been granted by a competent authority in another member state for the export of any goods to any destination outside the European Community, or

(b) goods of which the exporter (within the meaning of the Regulation) is established in a member state other than the United Kingdom but not in the United Kingdom are or have been detained under paragraph (4) above, the Secretary of State may give notice to the proper officer of Customs and Excise that he considers that export of the goods would be contrary to the essential foreign policy or security interests or to the fulfilment of the international obligations or commitments of the United Kingdom; and in such a case, subject to any rights arising out of the second sub-paragraph of Article 10(4) of the Regulation (goods to be put at disposal of exporter), and notwithstanding, in a case falling within sub-paragraph (a) above, the grant of the licence therein referred to, such export is prohibited.

(7) Any goods of a description specified in Annex I to the Decision in relation to which a Community Licence has been granted which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community may be detained by the proper officer of Customs and Excise for a period of ten working days as if they were liable to forfeiture where the proper officer of Customs and Excise or the Secretary of State has grounds for suspicion that—

(a) relevant information was not taken into account when the authorisation was granted; or

(b) circumstances have materially changed since the issue of the authorisation.

(1)

O.J. No. L302, 19.10.92, p 1.