The Export Control (Security and Para-military Goods) Order 2008

Statutory Instruments

2008 No. 639

Customs

The Export Control (Security and Para-military Goods) Order 2008

Made

6th March 2008

Laid before Parliament

10th March 2008

Coming into force

6th April 2008

The Secretary of State, in exercise of the powers conferred by sections 1, 2, 4, 5 and 7 of the Export Control Act 2002(1), makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Export Control (Security and Para-military Goods) Order 2008 and shall come into force on 6th April 2008.

(2) In this Order, “the 2003 Order” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003(2).

Amendments

2.—(1) In Schedule 1 to the 2003 Order, insert a new entry PL5001.i. as follows—

“Hand-held, spiked batons.”.

(2) In Schedule 2 to the Trade in Goods (Control) Order 2003(3), after paragraph 4 insert—

“4A.   Hand-held, spiked batons.”.

(3) The reference, in the definition of “controlled goods” in article 2(1) of the Trade in Controlled Goods (Embargoed Destinations) Order 2004(4), to Schedule 1 to the 2003 Order shall be construed as a reference to that Schedule as amended by this Order.

Malcolm Wicks

Minister of State for Energy,

Department for Business, Enterprise and Regulatory Reform

6th March 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes so-called “sting sticks”, and similar para-military police equipment, subject to UK export and trade controls. To that end, they are added to Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”) and to the list of “restricted goods” in the Trade in Goods (Control) Order 2003.

There are two main Orders on trade controls, that is controls that affect the movement of goods between States other than the UK. The Trade in Goods (Control) Order 2003 has different rules for “controlled goods” and “restricted goods”, “restricted goods” being subject to the most stringent controls. These include controls on the activities of UK persons overseas. The Trade in Controlled Goods (Embargoed Destinations) Order 2004 (“the 2004 Order”) relates to movement of goods to particularly sensitive destinations. Article 2(3) of this Order puts beyond doubt that “sting sticks”, etc. are to be covered by the 2004 Order.

A full regulatory impact assessment has not been produced for this instrument as minimal or no impact on the private or voluntary sectors is foreseen.

(1)

2002 c. 28.

(2)

S.I. 2003/2764; relevant amending instruments are S.I. 2006/1331, 2006/1696, 2007/1863.

(3)

S.I. 2003/2765, amended by S.I. 2006/1696; there are other amending instruments but none is relevant.

(4)

S.I. 2004/318, amended by S.I. 2006/1696; there are other amending instruments but none is relevant.