The Export Control (Security and Para-military Goods) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order makes provision in respect of Council Regulation (EC) No 1236/2005 of 27^th June 2005 (“the 2005 Regulation”) concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. This Order amends the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”), the Trade in Goods (Control) Order 2003 and the Trade in Controlled Goods (Embargoed Destinations) Order 2004. to provide for licensing, enforcement and penalties in relation to goods controlled by the 2005 Regulation. It also makes further consequential amendments.

Article 3 amends article 2 of the 2003 Order to provide for references to the 2005 Regulation. Sub-paragraph (a) amends the definition of Community Licence to include an authorisation made under the 2005 Regulation. Sub-paragraph (b) amends the definition of competent authority to include any authority empowered to grant an authorisation under the 2005 Regulation. Sub-paragraph (c) inserts a definition of the 2005 Regulation.

Article 4 amends article 3 of the 2003 Order to provide for the licensing of goods in Schedule 1A for export to any Member State of the European Community.

Article 5 makes consequential amendments to the transit controls in paragraph 11(b) of article 11 of the 2003 Order in consequence of the 2005 Regulation.

Article 6 amends paragraph 2 of article 12 to provide that a Community Licence is an authorisation required by the 2005 Regulation.

Article 7 amends article 16 to provide offences and penalties in relation to the provision of technical assistance prohibited by the 2005 Regulation.

Articles 8, 9, 10 and 11 make provision for the application of the Customs and Excise Management Act 1979 in relation to the enforcement of the 2005 Regulation.

Article 12 amends Schedule 1 to the 2003 Order, Prohibited Goods, Software and Technology, to remove items controlled by the 2005 Regulation or controlled by new Schedule 1A to that Order.

Article 13 inserts new Schedule 1A into the 2003 Order.

Articles 15 and 16 amend the definitions of controlled and restricted goods in the Trade Order.

Articles 17 and 18 limits trade controls in relation to goods whose export is only controlled to a destination outside the European Community.

Article 19 inserts a new Schedule 1 of controlled goods and a new Schedule 2 of restricted goods to the Trade Order.

Article 20 amends the definition of controlled goods in article 2 of the 2004 Order.

A full regulatory impact assessment of the effect this Order will have on the costs of business is available from http://www.dti.gov.uk/europeantrade/strategic-export-control or the Export Control Organisation helpline-Telephone [phone] or E-mail:[e-mail].