The Export Control Order 2008

[F1 Provisions relating to the EU dual-use Regulation U.K.

Textual Amendments

F1 Pt. 6A inserted (31.12.2020) by S.I. 2019/137, regs. 1, 4(28B) (as inserted by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 7(9) (as amended by The Export Control (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1510), regs. 1, 2)); 2020 c. 1, Sch. 5 para. 1(1)

Export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology U.K.

42L.— (1) A person must not, unless the person has a UK licence authorising the act, export or transfer dual-use goods, software, or technology from Northern Ireland to the EU customs territory if the person knows—

(a) the final destination of the dual-use goods, software, or technology is a country or territory other than the EU customs territory; and

(b) no processing or working is to be performed on the dual-use goods, software, or technology in the EU customs territory.

(2) Article 17 (transit or transhipment exception) applies in relation to paragraph (1) as it applies in relation to article 8(1) (transit control supplementing the dual-use Regulation).

(3) Subject to paragraph (4), the export or transfer of dual-use goods, software, or technology in contravention of this article is prohibited.

(4) This article does not prohibit the transfer of software or technology by non-electronic means .

(5) In this article, “dual-use goods, software, or technology” means goods, software, or technology—

(a) not specified in Annex IV to the EU dual-use Regulation; and

[F2 (b) that, if the export or transfer were from Northern Ireland to a country or territory other than the EU customs territory, would require an authorisation granted by the Secretary of State under Article 3 (export control on specified dual-use items), Article 4 (export control on unspecified dual-use items), Article 5 (end-use control on cyber-surveillance items) or Article 10 (national control lists pursuant to Article 9) of the EU dual-use Regulation.]

Textual Amendments

F2 Art. 42L(5)(b) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 13

Offence to contravene article 42L U.K.

42M.— (1) Article 34 (offences relating to prohibition in Parts 2, 3, and 4) applies in relation to—

(a) a person who contravenes the prohibition in article 42L as it applies in relation to a person who contravenes a prohibition in Part 2 (export and transfer controls);

(b) a person knowingly concerned in activity prohibited by article 42L as it applies in relation to a person knowingly concerned in activity prohibited by Part 2.

(2) Article 41 (application of CEMA in respect of offences) applies in relation to article 42L as it applies in relation to article 8;

(3) Article 42 (increase of maximum penalty for prohibited exportation provided for in CEMA) applies in the case of an offence committed in connection with a prohibition or restriction on exportation in article 42L as it applies in the case of an offence committed in connection with a prohibition or restriction on exportation in Part 2.

Exceptions in relation to Northern Ireland: dual-use goods, software, and technology U.K.

42N.— (1) [F3 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] apply in relation to the export or transfer from Northern Ireland to the EU customs territory of dual-use goods, software, or technology not specified in Annex I to the EU dual-use Regulation.

(2) Article 12 (transfer by non-electronic means for WMD purposes) does not apply in relation to a person who transfers from Northern Ireland to the EU customs territory by non-electronic means any software or technology to which that article applies if the person knows—

(a) the final destination of the software or technology is the EU customs territory; or

(b) processing or working is to be performed on the software or technology in the EU customs territory.

(3) Article 19(1) (end-use control on providing technical assistance from the United Kingdom) does not apply in relation to a person in Northern Ireland who directly or indirectly provides to a person or place in the EU customs territory any technical assistance to which that article applies.

Textual Amendments

F3 Words in art. 42N(1) substituted (19.5.2022) by The Export Control (Amendment) Order 2022 (S.I. 2022/491), arts. 1(1), 2(9)

Exception in relation to Northern Ireland: EU goods in transit U.K.

42O.— (1) Article 8 (transit controls supplementing the dual-use Regulation) does not apply in relation to EU goods that are entering Northern Ireland from the EU customs territory and passing through Northern Ireland to a country or territory other than the United Kingdom.

[F4 (1A) Article 40(2) (customs detainment power supplementing the dual-use Regulation) does not apply in relation to EU goods that are entering Northern Ireland from the EU customs territory and passing through Northern Ireland to the EU customs territory.]

(2) In this article, “EU goods” has the same meaning as “Union goods” in Article 5(23) of the EU customs Regulation.

Textual Amendments

F4 Art. 42O(1A) inserted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 14

Authorisation requirement: [F5 Article 11(1)] of the EU dual-use Regulation U.K.

42P.— [F6 (1) The authorisation required by Article 11(1) of the EU dual-use Regulation is a licence granted by the Secretary of State.]

(2) A person may apply to the Secretary of State for a licence.

(3) Article 26(6) (conditions of licence) applies in relation to a licence granted in accordance with paragraph (1).

Textual Amendments

F5 Words in art. 42P heading heading substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 15(1)

F6 Art. 42P(1) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 15(2)

Record-keeping requirement: [F7 Article 27(4)] of the EU dual-use Regulation U.K.

42Q.— [F8 (1) The documents and records to be kept in accordance with Article 27(4) of the EU dual-use Regulation are the registers or records referred to in article 29(2)(a) to (i).]

(2) Article 31 (inspection of records) applies in relation to a person who is required under [F9 Article 27(4)] of the EU dual-use Regulation to keep documents and records as it applies in relation to a person who is required under Article 20 of the dual-use Regulation to keep registers or records.]

Textual Amendments

F7 Words in art. 42Q heading heading substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 16(1)

F8 Art. 42Q(1) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 16(2)(a)

F9 Words in art. 42Q(2) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 16(2)(b)

[F10 Offences relating to prohibitions and restrictions in the EU dual-use Regulation U.K.

42R.— (1) Subject to paragraph (8), a person who contravenes a prohibition or restriction in Article 3(1) (controls on listed goods), 4(1)(b) (military end-use control) or (c) (end-use control relating to use in items exported or transferred without authorisation), 5(1) (cyber-surveillance end-use control), 8(1) (technical assistance end-use control), 10(1) (national control lists) or 11(1) (control on certain dual-use items) of the EU dual-use Regulation commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) A person who—

(a) contravenes a prohibition or restriction in Article 4(1)(a) (WMD purposes end-use control) or Article 6(1) (control on brokering services) of the EU dual-use Regulation; or

(b) fails to comply with a requirement in Article 4(2), 5(2), 6(2) or 8(2) of the EU dual-use Regulation (requirements to notify)

commits an offence and may be arrested.

(3) A person guilty of an offence under paragraph (2) shall be liable—

(a) on summary conviction in Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.

(4) Subject to paragraph (8), a person knowingly concerned in an activity prohibited or restricted by Article 3(1), 4(1), 6(1) or 11(1) of the EU dual-use Regulation with intent to evade the relevant prohibition or restriction commits an offence and may be arrested.

(5) A person guilty of an offence under paragraph (4) shall be liable—

(a) on summary conviction in Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding ten years, or to both.

(6) A person who fails to comply with Article 12(4) or 13(3) of the EU dual-use Regulation (requirements to provide all relevant information for authorisation application) commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and any licence which may have been granted in connection with the application shall be void as from the time it was granted.

(7) A person who fails to comply with Article 11(9) or 27 of the EU dual-use Regulation (record-keeping requirements for export or transfer of certain dual-use items) commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) Paragraphs (1) and (4) do not create offences related to prohibitions or restrictions on the exportation of goods from the United Kingdom (as to which see CEMA).]

Textual Amendments

F10 Art. 42R substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 17