The Export Control (Amendment) (No. 3) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order implements in part Council Regulation (EC) No 428/2009 (“the Regulation”) which repeals Council Regulation (EC) No 1334/2000(1). It amends the Export Control Order 2008 (“the 2008 Order”) to provide for licensing, enforcement and penalties in relation to brokering services of dual-use items controlled by the Regulation. It also makes further consequential amendments and updates to the control lists appearing in the schedules to the 2008 Order.

The Regulation is based on a recast proposal designed in part to implement United Nations Security Council Resolution 1540 (2004) (“UNSCR 1540”). UNSCR 1540 establishes binding obligations on all United Nations member states to take and enforce effective measures against the proliferation of WMD, their means of delivery and related materials. To comply with these obligations, the Regulation introduces controls on brokering services and optional controls on dual-use items in transit.

The Regulation re-enacts to a large extent the provisions of Council Regulation (EC) 1334/2000, insofar as exports of dual-use goods are concerned. In particular, it replicates the controls on exports of listed goods and end-use export controls.

The Regulation also allows for member states to introduce or maintain additional controls on dual-use items in certain circumstances.

Paragraph 1 of the Schedule to the Order amends article 2 of the 2008 Order to reflect relevant changes and introduces a definition of “non-community goods”.

Paragraph 2 of the Schedule to the Order makes consequential amendments to national transit controls supplementary to the Regulation.

Paragraphs 3 to 7 of the Schedule to the Order introduce provisions relating to licences and record keeping for brokering services of dual-use goods.

Paragraph 8 of the Schedule to the Order amends article 35 of the 2008 Order to provide for offences and penalties in relation to brokering services prohibited by the Regulation.

By amending Schedule 2 Part 2 to the 2008 Order, paragraph 11 of the Schedule to the Order puts into effect changes to the control of certain items agreed by the United Kingdom as a member of the Wassenaar Arrangement, an international non-proliferation regime.

Paragraph 11 of the Schedule to the Order, along with paragraphs 10 to 12, make minor corrections to some entries in the control lists contained in the Schedules to the 2008 Order.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

OJ No L 159, 30.6.2000, p1.