The Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1995

Explanatory Note

(This Note is not part of the Regulations)

These Regulations revoke the definition of “transit or transhipment” in regulation 1(2) of the Dual-Use and Related Goods (Export Control) Regulations 1995 (“the principal Regulations”), revoke regulations 3(2)(a)(ii) and 5 of the principal Regulations and replace regulations 13 and 14 of the principal Regulations with two new regulations.

The effect is to remove from the control of the principal Regulations, other than for the purposes of regulation 3(2)(a)(iii) and (iv) (“end use control”), the export of goods which “pass only through the territory of the Community” within the meaning of Article 3(3) of Council Regulation 3381/94, and of goods exported to another Member State of the European Community without being dispatched from the United Kingdom within the meaning of Articles 19 and 20 of Council Regulation 3381/94, and restore such exports to the control of the Export of Goods (Control) Order 1994.

The Regulations also

• remove some superfluous words from regulations 3(3) and 10(1)(f) of the principal Regulations,

• prohibit goods specified in Schedule 3, and dual-use goods not specified in Schedule 1 to which the “end use control” in Article 4(1) of Council Regulation 3381/94 applies, from being exported to other Member States of the European Community without a licence if their ultimate destination is elsewhere,

• amend regulations 3(4) and 11(1) of the principal Regulations so that where the Secretary of State considers that the export to a destination outside the European Community of goods which have received a licence from another Member State would be contrary to the essential foreign policy or security interests of the United Kingdom or the fulfilment of the international obligations or commitments of the United Kingdom, the export is prohibited, subject to the goods being put at the disposal of the exporter,

• make it an offence to fail to comply with Article 4(2) of Council Regulation 3391/94 (requirement to notify for purposes of “end use control”), and

• prohibit the export of microlight aircraft and hang-gliders and associated technology to any destination outside the European Community.

The Regulations come into force on 30th June 1995, the day before the principal Regulations come into force for all purposes for which they are not yet in force (all purposes except those of issuing general licences).