Article 3 of the principal Order shall be renumbered as paragraph (1) of that article, and the following paragraphs shall be added to that article:

“(2)

For the purposes of subparagraph (a) of paragraph (1) above but subject to paragraph (3) below, the exportation of goods to a destination outside the customs territory of the European Community shall be regarded as being under the authority of a licence granted by the Secretary of State to or for the benefit of a particular person only if–

(a)

he is the person on whose behalf the export declaration is made, and

(b)

he is established within the European Community and either–

(i)

he is the owner of the goods or has a similar right of disposal over them, or

(ii)

if no person who is owner of the goods or has a similar right of disposal over them is established within the European Community, he is party to one or more contracts under which ownership of the goods or a similar right of disposal over them has passed to a person not established within the European Community and pursuant to which the goods are to be, are being or have been exported from the customs territory of the European Community.

(3)

Paragraph (2) above does not apply if no person falls within subparagraph (b) of that paragraph or if the export is of goods imported into the United Kingdom for transit or transhipment in respect of which the conditions in article 3B(2) below are met.”