The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004

Citation

1.  This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004.

Extent and interpretation

2.—(1) This Order shall extend to the territories listed in Schedule 1.

(2) In the application of this Order to any of the said territories —

(a) “the Territory” means that territory;

(b) any reference to “the Governor” means the Governor or other officer administering the Government of that territory; and

(c) any reference to the official gazette of a Territory includes a reference to any form in which official information is normally made available in that Territory.

(3) The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to the sums expressed in sterling in Schedule 2 or, as applicable, in Schedule 4.

Extension of Order to territories

3.  The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003(1) (the “UK Order”), as modified in Schedule 2, extends to the territories listed in Schedule 1.

Guidance about the exercise of functions under this Order

4.  Section 9 of the Export Control Act 2002 (guidance about the exercise of functions under control orders), as modified in Schedule 3, extends to the territories listed in Schedule 1.

Application to the Sovereign Base Areas of Akrotiri and Dhekelia of provisions relating to penalties for offences and proceedings

5.  Schedule 4 shall have effect for the application of articles 16, 17, 18 and 19 of the UK Order, as modified in Schedule 2, to the Sovereign Base Areas of Akrotiri and Dhekelia.

Duty to make available Schedules

6.  The Governor shall make available to persons in the Territory, in such manner as he may think fit, the provisions of Schedules 1, 2 and 3, and Part 1 of Schedule 4, to the UK Order as from time to time in force in the law of the United Kingdom.

European Community matters

7.—(1) The Governor shall make available to persons in the Territory, in such manner as he may think fit —

(a) the text of Council Regulation (EC) No. 1334/2000 of 22nd June 2000(2), together with the text of any amending Council Regulations, whether those Regulations were made before or after the coming into force of this Order in the Territory;

(b) a list of those countries which are for the time being Member States of the European Community; and

(c) a list of the competent authorities empowered by each member state to authorise exports under Council Regulation (EC) No. 1334/2000 of 22nd June 2000.

(2) A certificate given by or on behalf of the Governor in pursuance of sub-paragraph (1)(a), (b) or (c), or as to whether a place is within or outside the European Community, shall be conclusive evidence of the matters stated therein for the purposes of this Order, and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

Exercise of powers of the Governor

8.  The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate, or authorise the delegation of, any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.

A.K. Galloway

Clerk of the Privy Council