The Dual-Use Items (Export Control) Regulations 2000 (revoked)

Regulations 1 (2), 14

SCHEDULE 1 U.K. REGULATIONS REVOKED

Dual-Use and Related Goods (Export Control) Regulations 1996 (S.I. 1996/2721).

Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1997 (S.I. 1997/324).

Dual-Use and Related Goods (Export Control) (Amendment No. 3) Regulations 1997 (S.I. 1997/1694).

Dual-Use and Related Goods (Export Control) (Amendment No. 4) Regulations 1997 (S.I. 1997/2759).

Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1998 (S.I. 1998/272).

Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1999 (S.I. 1999/984).

Dual-Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1999 (S.I. 1999/1778).

Dual-Use and Related Goods (Export Control) (Amendment No. 3) Regulations 1999 (S.I. 1999/2091).

Dual-Use and Related Goods (Export Control) (Amendment) Regulations 2000 (S.I. 2000/994).

Regulation 2

[F1 SCHEDULE 1A U.K.

Textual Amendments

F1 Sch. 1A inserted (5.2.2002) by The Dual-Use Items (Export Control) (Amendment) Regulations 2002 (S.I. 2002/50), regs. 1(1), 3

• Council Regulation (EC) No. 2889/2000 of 22 December 2000.

• Council Regulation (EC) No. 458/2001 of 6 March 2001.

• Council Regulation (EC) No. 2432/2001 of 20 November 2001.]

Regulations 4 (3)(a), 4 (3)(d)(i), 13

SCHEDULE 2 U.K. PROHIBITED ITEMS—ANY DESTINATION

Interpretations, exclusions and definitions U.K.

1.  Where notes are included in any entry of this Schedule they are to be treated as part of the entry.

2.  “Software" described by the General Software Note in Annex I is not specified in this Schedule. U.K.

3.  References in this Schedule to the General Technology Note are to that Note in Annex I; and “according to the General Technology Note" means that these Regulations apply to the extent indicated in the General Technology Note. U.K.

4.  For convenience only, defined terms are printed in this Schedule in quotation marks. U.K.

CATEGORY 1— U.K. MATERIALS, CHEMICALS, MICROORGANISMS & TOXINS

Equipment, Assemblies and Components. U.K.

1A905  The export of “items" specified in this entry is prohibited to any destination except to Member States. U.K.

Portable devices, other than those specified in entry PL 5001 of Part III of Schedule 1 to “the 1994 Order", designed for self-protection by the administration of an incapacitating substance, and specially designed components therefor.

Materials. U.K.

F2 1C950  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Sch. 2 entry 1C950 omitted (5.2.2002) by The Dual-Use Items (Export Control) (Amendment) Regulations 2002 (S.I. 2002/50), regs. 1(1), 4

1C991  The export of “items" specified in this entry is prohibited to any destination. U.K.

Other explosives and propellants and related substances as follows:

a. Amatol;

b. Nitrocellulose (containing more than 12.5% nitrogen);

c. Nitroglycol;

d. Pentaerythritol tetranitrate (PETN);

e. Picryl chloride;

f. Trinitrophenylmethylnitramine (tetryl);

g. 2, 4, 6-Trinitrotoluene (TNT).

1C992  The export of “items" specified in this entry is prohibited to any destination. U.K.

Vaccines for protection against either of the following:

a. bacillus anthracis; or

b. botulinum toxin.

Technology. U.K.

F3 1E950  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 Sch. 2 entry 1E950 omitted (5.2.2002) by The Dual-Use Items (Export Control) (Amendment) Regulations 2002 (S.I. 2002/50), regs. 1(1), 4

CATEGORY 5— U.K. TELECOMMUNICATIONS AND INFORMATION SECURITY

Telecommunications. U.K.

Equipment, Assemblies and Components. U.K.

5A990  The export of “items" specified in this entry is prohibited to any destination in Iran or Iraq. U.K.

Tropospheric scatter communications equipment using analogue or digital modulation techniques and specially designed components therefor.

5E990  The export of “items" specified in this entry is prohibited to any destination in Iran or Iraq. U.K.

“Technology" according to the “General Technology Note" for the “development", “production" or “use" of “items" specified in entry 5A990 of this Schedule.

CATEGORY 8— U.K. MARINE

Equipment, Assemblies and Components. U.K.

[F4 8A990   The export of “items” specified in this entry is prohibited to any destination in Iran or Iraq U.K.

Vessels and inflatable craft in an inflated or uninflated state, and equipment and components designed therefor, other than any vessel, craft, equipment or component specified in entry ML9 in Part III of Schedule 1 to “the 1994 Order" or in “Annex I".

a. Marine vessels (surface or underwater) and inflatable craft;

b. Equipment and components designed for vessels or inflatable craft specified in 8A990a. as follows:

(1) Hull and keel structures and components;

(2) Propulsive engines designed or modified for marine use and specially designed components therefor;

(3) Marine radar, sonar and speed log equipment, and specially designed components therefor.]

Textual Amendments

F4 Sch. 2 entry 8A990 substituted (26.4.2001) by The Dual-Use Items (Export Control) (Amendment) Regulations 2001 (S.I. 2001/1344), regs. 1, 3(2)

Software. U.K.

8D990  The export of “items" specified in this entry is prohibited to any destination in Iran or Iraq. U.K.

“Software" designed for the “development", “production" or “use" of “items" specified in entry 8A990.

Technology. U.K.

8E990  The export of “items" specified in this entry is prohibited to any destination in Iran or Iraq. U.K.

“Technology" according to the “General Technology Note" for the “development", “production" or “use" of “items" specified in entry 8A990 or 8D990.

CATEGORY 9— U.K. AIRCRAFT, SPACE VEHICLES, PROPULSION SYSTEMS AND RELATED EQUIPMENT

Equipment, Assemblies and Components. U.K.

[F5 9A990   The export of “items” specified in this entry is prohibited to any destination in Iran or Iraq. U.K.

Aircraft and related equipment and components, as follows, other than those specified in Annex I:

a. Aircraft having a maximum all-up weight of 390kg or more;

b. Equipment and components designed for aircraft specified in 9A990a. as follows:

(1) Airframe structures and components;

(2) Aeroengines and specially designed components therefor;

(3) Avionics and navigation equipment and specially designed components therefor; and

(4) Landing gear and specially designed components therefor, and aircraft tyres.]

Textual Amendments

F5 Sch. 2 entry 9A990 substituted (26.4.2001) by The Dual-Use Items (Export Control) (Amendment) Regulations 2001 (S.I. 2001/1344), regs. 1, 3(3)

9A991  The export of “items" specified in this entry is prohibited to any destination in Iran or Iraq. U.K.

“Aircraft" or steerable parachutes other than those specified in entry ML10 of Part III of Schedule 1 to “the 1994 Order", having a maximum all up weight of less than 390kg.

Technology. U.K.

9E990  The export of “items" specified in this entry is prohibited to any destination in Iran or Iraq. U.K.

“Technology" according to the “General Technology Note" for the “development", “production" or “use" of “items" specified in entry 9A990 of this Schedule [F6 except technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable items that are necessary for the continuing airworthiness and safe operation of civil “aircraft".]

Textual Amendments

F6 Words in Sch. 2 inserted (10.1.2001) by The Dual-Use Items (Export Control) (Amendment) Regulations 2000 (S.I. 2000/3304), regs. 1(1), 2(1)(b)

9E991  The export of “items" specified in this entry is prohibited to any destination in Iran or Iraq. U.K.

“Technology" according to the “General Technology Note" for the “development", “production" or “use" of “items" specified in entry 9A991 of this Schedule [F6 except technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable items that are necessary for the continuing airworthiness and safe operation of civil “aircraft".]

Textual Amendments

F6 Words in Sch. 2 inserted (10.1.2001) by The Dual-Use Items (Export Control) (Amendment) Regulations 2000 (S.I. 2000/3304), regs. 1(1), 2(1)(b)

Regulations 9 (3), 10 (7)

SCHEDULE 3 U.K.

PART I U.K. ITEMS IN RELATION TO WHICH THE REQUIREMENT IN REGULATION 9 (3) DOES NOT APPLY

Any item specified in entry 5A002 or 5D002 of Annex I if:

(1) it is generally available to the public by being sold, without restriction, from stock at retail selling points by means of:

(a) over the counter transactions,

(b) mail order transactions,

(c) electronic transactions, or

(d) telephone order transactions;

(2) its cryptographic functionality cannot easily be changed by the user;

(3) it is designed for installation by the user without further substantial support by the supplier; F7 ...

(4) details of it are accessible and will be provided, upon request, to the Secretary of State in order to enable him to ascertain whether the conditions in paragraphs (1) to (3) of this Part are satisfied [F8 ;

(5) Subject to (7) any cryptography development software in entry 5D002 of Annex 1, other than software having the characteristics, or performing or simulating the functions, of equipment designed or modified to perform cryptanalytic functions;

(6) Subject to (7) any cryptography development technology in entry 5E002, other than technology for the development, production or use of:

(a) equipment designed or modified to perform cryptanalytic functions, or

(b) software having the characteristics, or performing or simulating the functions, of equipment designed or modified to perform cryptanalytic functions;

(7) The provisions in sub-paragraphs (5) and (6) are limited to cases in which the item is for use by the exporter, or by any subsidiary or parent undertaking of the exporter, or by a business or academic collaborator of the exporter, in his or their own commercial cryptographic product development activities but only insofar as they are activities pursuant to the agreement establishing the collaboration; and

(8) In paragraph (7) “business or academic collaborator” and “parent undertaking” and “subsidiary undertaking” shall have the following meanings:

(a) “business or academic collaborator” means a person who is either working by way of business in research and development of cryptography or cryptographic products or is teaching, or undertaking research as a member of or at a university or institution of higher education into, cryptography or cryptographic products and with whom an exporter has previously entered into an agreement for the carrying out of work comprising or related to research into or development of cryptography or cryptograpic products;

(b) “parent undertaking” and “subsidiary undertaking” have the meanings assigned by sections 258 and 259 of the Companies Act 1985 (as substituted by sections 21 and 22 of the Companies Act 1989).]

Textual Amendments

F7 Word in Sch. 3 Pt. 1 para. (3) omitted (26.4.2001) by The Dual-Use Items (Export Control) (Amendment) Regulations 2001 (S.I. 2001/1344), regs. 1, 4(1)(a)

F8 Sch. 3 Pt. 1 paras. (5)-(8) inserted (26.4.2001) by The Dual-Use Items (Export Control) (Amendment) Regulations 2001 (S.I. 2001/1344), regs. 1, 4(1)(b)

PART II U.K. INFORMATION TO BE KEPT IN RELATION TO CERTAIN ITEMS LISTED IN PART 2 OF CATEGORY 5 IN ANNEX I

1.  A general description of the item, such as might be contained in a product brochure. U.K.

2.  Descriptions of all relevant encryption algorithms and key management schemes, and descriptions of how they are used by the item (for example, which algorithm is used for authentication, which for confidentiality and which for key exchange); and details (for example, source code) of how they are implemented (for example, how keys are generated and distributed, how key length is governed and how the algorithm and keys are called by the software). U.K.

3.  Details of any measures taken to preclude user modification of the encryption algorithm, key management scheme or key length. U.K.

4.  Details of pre- or post-processing of data, such as compression of plain text or packetization of encrypted data. U.K.

5.  Details of programming interfaces that can be used to gain access to the cryptographic functionality of the item. U.K.

6.  A list of any standards or protocols to which the item adheres. U.K.