The Export Control Order 2008
PART 1INTRODUCTORY
1Citation and commencement
2Interpretation
PART 2EXPORT AND TRANSFER CONTROLS
3Military goods, etc.
4Movement of UK controlled dual-use goods, etc. to certain destinations
5Movement of UK controlled dual-use goods, etc. within the customs territory
6WMD purposes end-use control supplementing the dual-use Regulation
7Control on transfers within the customs territory supplementing the dual-use Regulation
8Transit controls supplementing the dual-use Regulation
9Provisions supplementing the torture Regulation
10Transfers within the United Kingdom for WMD purposes
11Transfers from outside the customs territory for WMD purposes
12Transfers by non-electronic means from the United Kingdom for WMD purposes
13Exceptions for aircraft
14Exceptions for vessels
15Exception for firearms – European firearms pass
16Exception for firearms – firearm or shot gun certificate or permit
17Transit or transhipment exception
18Software and technology exceptions
PART 3TECHNICAL ASSISTANCE CONTROLS
19End-use control on technical assistance
PART 4TRADE CONTROLS
20Embargoed destinations
21Category A goods
22Category B goods
23Category C goods
24Exception for movement of goods within the customs territory
25Exception for activities carried out in the Isle of Man
PART 5LICENCES, ETC.
26Licences
27Person authorised by UK licence to export goods
28Registration with the Secretary of State
29Record keeping – general
30Registration and record keeping – information security items
31Inspection of records
32Amendment, suspension and revocation of licences
33Licence refusals, etc. and appeals
PART 6OFFENCES, ENFORCEMENT AND PENALTIES
34Offences relating to prohibitions in Parts 2, 3 and 4
35Offences relating to prohibitions and restrictions in the dual-use Regulation
36Offences relating to prohibitions and restrictions in the torture Regulation
37Misleading applications for licences
38Failure to comply with licence conditions
39Customs powers to require evidence of destination
40Customs powers relating to dual-use goods
41Application of CEMA in respect of offences
42Increase of maximum penalty for prohibited exportation provided for in CEMA
PART 7GENERAL
43Use and disclosure of information
44Service of notices
45Revocations and transitional arrangements
SCHEDULE 1GOODS SUBJECT TO STRICTER EXPORT AND TRADE CONTROLS
Definitions
PART 1CATEGORY A GOODS
1Certain Security and Para-Military Police Equipment
2Restraints specially designed for restraining human beings, as follows—
3Portable devices designed or modified for the purpose of riot...
4Components specially designed or modified for the devices in paragraph...
5Hand-held, spiked batons.
6Cluster munitions, explosive submunitions and explosive bomblets
7“Explosive submunitions” other than those submunitions described at paragraph 10....
8“Explosive bomblets”.
9Components specially designed for “cluster munitions”, “explosive submunitions” or “explosive...
10Paragraphs 6 and 7 do not include the following conventional...
PART 2CATEGORY B GOODS
11Small arms and light weapons within ML1 and ML2
12Accessories and ammunition for small arms and light weapons within ML1 and ML2
13Light weapons within ML4
14Ammunition for light weapons within ML4
15Hand grenades
16MANPADS, missiles for them, associated equipment and their specially designed components
17Long-range missiles
18Components for “goods” within this Part
SCHEDULE 2MILITARY GOODS, SOFTWARE AND TECHNOLOGY
PART 1MILITARY, SECURITY AND PARA-MILITARY GOODS, SOFTWARE AND TECHNOLOGY AND ARMS, AMMUNITION AND RELATED MATERIEL
PART 2EXPLOSIVE-RELATED GOODS AND TECHNOLOGY
SCHEDULE 3UK CONTROLLED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY
SCHEDULE 4COUNTRIES AND DESTINATIONS SUBJECT TO STRICTER EXPORT OR TRADE CONTROLS
PART 1EMBARGOED AND NO EXCEPTION FOR TRANSIT
PART 2EMBARGOED AND SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS
PART 3SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS
PART 4SUBJECT TO TRANSIT CONTROL FOR CATEGORY B GOODS
SCHEDULE 5INFORMATION SECURITY ITEMS
1In this Schedule— “business or academic collaborator”, in relation to...
2The information security items specified in this Schedule are the...
3The information specified in this Schedule is—
SCHEDULE 6REVOCATIONS

2008 No. 3231

Customs

The Export Control Order 2008

Made

Laid before Parliament

Coming into force

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to—

a

measures relating to trade in dual-use items, including the transmission of software or technology in intangible form2; and

b

matters relating to trade in certain goods, including technical assistance, which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment3.

It appears to the Secretary of State that it is expedient for the references in this Order to Council Regulation (EC) No 1334/20004, Council Regulation (EC) No 1236/20055, Article 3 of Council Regulation (EEC) No 2913/926 and Article 3 of Council Regulation (EC) No 450/20087 to be construed as references to those instruments and provisions as amended from time to time.

To the extent that this Order regulates any of the activities listed in section 8(1) of the Export Control Act 20028, the Secretary of State, having considered the reasons for the relevant controls and the need to respect the freedom to carry on the relevant activities, has determined that such regulation is necessary in the circumstances prevailing at the time of this Order.

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 19729, by paragraph 1A of Schedule 2 to that Act10 and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 200211, makes the following Order: