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The Export Control Order 2008
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[F1Export and transfer control in relation to Northern Ireland: dual-use goods, software, and technologyU.K.
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42L.—(1) A person must not, unless the person has a UK licence authorising the act, export or transfer dual-use goods, software, or technology from Northern Ireland to the EU customs territory if the person knows—
(a)the final destination of the dual-use goods, software, or technology is a country or territory other than the EU customs territory; and
(b)no processing or working is to be performed on the dual-use goods, software, or technology in the EU customs territory.
(2) Article 17 (transit or transhipment exception) applies in relation to paragraph (1) as it applies in relation to article 8(1) (transit control supplementing the dual-use Regulation).
(3) Subject to paragraph (4), the export or transfer of dual-use goods, software, or technology in contravention of this article is prohibited.
(4) This article does not prohibit the transfer of software or technology by non-electronic means .
(5) In this article, “dual-use goods, software, or technology” means goods, software, or technology—
(a)not specified in Annex IV to the EU dual-use Regulation; and
[F2(b)that, if the export or transfer were from Northern Ireland to a country or territory other than the EU customs territory, would require an authorisation granted by the Secretary of State under Article 3 (export control on specified dual-use items), Article 4 (export control on unspecified dual-use items), Article 5 (end-use control on cyber-surveillance items) or Article 10 (national control lists pursuant to Article 9) of the EU dual-use Regulation.]]
Textual Amendments
F1Pt. 6A inserted (31.12.2020) by S.I. 2019/137, regs. 1, 4(28B) (as inserted by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 7(9) (as amended by The Export Control (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1510), regs. 1, 2)); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 42L(5)(b) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 13
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