The Export of Goods (Control) Order 1994

Exceptions

3.  Nothing in this Order shall be taken to prohibit the exportation of—

(a) Licensed exports

any goods under the authority of a licence granted by the Secretary of State, provided that all conditions attaching to the said licence are complied with;

(b) Channel Islands

any goods other than goods of a description specified in Group 1 of Part III of Schedule 1 hereto, to any destination in the Channel Islands;

(c) Aircraft

(i) any aircraft which is being exported after temporary importation into the United Kingdom provided that there has been no change of ownership or registration since such importation;

(ii) any aircraft on a scheduled journey;

(d) Vessels

(i) any vessel registered or constructed outside the United Kingdom which is being exported after temporary importation into the United Kingdom;

(ii) any vessel which is departing temporarily from the United Kingdom on trials;

(iii) any vessel proceeding on a normal commercial journey;

(e) Firearms and ammunition

(i) any firearm falling within category B, C or D of Annex 1 to Council Directive 91/477/EEC(1), related ammunition and telescopic sight for use therewith to any destination in a Member State if

(aa) the firearm, ammunition and telescopic sight form part of the personal effects of a person who is in possession of

(i) a European firearms pass which has been issued to him under section 32A of the Firearms Act 1968(2) or

(ii) a document which has been issued to him under the provisions of the law of a Member State corresponding to the provisions of that section

and which, in either case, relates to the firearm in question; and

(bb) either the said pass or document issued to him contains authorisation for the possession of the said firearm from the Member State of destination and any other Member State through which the holder intends that the firearm will pass on its way to that destination, or the holder of the firearm can on request satisfy the proper officer of Customs and Excise at the place of export

(i) that the export of the firearm is necessary to enable the holder to participate in one of the activities specified in Article 12.2 of the said Directive,

(ii) that the firearm falls within the category appropriate to that activity in accordance with the said Article 12.2 and

(iii) that the export or passage of the firearm is not to or, as the case may be, through a Member State which prohibits or requires an authorisation for the acquisition or possession of the said firearm; and

(ii) any firearm authorised to be possessed or, as the case maybe, purchased or acquired, by a valid firearm certificate or shot gun certificate granted under the Firearms Act 1968(3) or by a visitor’s firearm or shot gun permit granted under section 17 of the Firearms (Amendment) Act 1988(4) or by a valid firearm certificate granted under the Firearms (Northern Ireland) Order 1981(5) or granted in the Isle of Man under the Firearms Act 1947 (an Act of Tynwald)(6) as amended by the Firearms Act 1968 (an Act of Tynwald)(7) and the Air Guns and Shot Guns, etc. Act 1968 (an Act of Tynwald)(8), related ammunition and telescopic sight for use therewith

(aa) to any destination in a Member State by any person or body specified in Article 2.2 of the said Directive, or by the holder of a firearm certificate granted under the said Act of 1947, or

(bb) to any other destination other than a destination in South Africa,

provided that the firearm, ammunition and telescopic sight form part of the personal effects of the holder of the certificate and, in a case to which (bb) applies, the certificate is produced by the holder, or his duly authorised agent, with the firearm and ammunition to the proper officer of Customs and Excise at the place of export;

Permitted ships' stores

or the shipment of any goods as ships' stores with the permission of the proper officer of Customs and Excise at the port of departure for use on board the ship provided that all conditions attaching to the said permission are complied with.

(1)

O.J. No. L256, 13.9.91, p.51.

(2)

1968 c. 27. Section 32A was inserted by the Firearms Acts (Amendment) Regulations 1992, S.I. 1992/2823.

(3)

1968 c. 27.

(4)

1988 c. 45.

(5)

S.I. 1981/155 (N.I. 2); relevant amending instruments are S.I. 1989/1338 (N.I. 10) and S.I. 1992/1723 (N.I. 4).

(6)

Acts of Tynwald 1947, p.586.

(7)

Acts of Tynwald 1968, p.464.

(8)

Acts of Tynwald 1968, p.509.