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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”) and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast) (EUR 2009/428) (“the assimilated Dual-Use Regulation”).

Regulation 2 amends Schedule 2 to the 2008 Order, updating controls lists to reflect amendments to the Wassenaar Arrangement Munitions List. Regulation 2 also amends Schedule 3 to the 2008 Order, introducing new controls on certain specific emerging technology that the UK is implementing alongside a number of other like-minded countries, in order to strengthen the national controls and address weaknesses in the multilateral system.

Regulation 3 amends Annex I to the assimilated Dual-Use Regulation, which lists dual-use goods, software and technology subject to export controls. These amendments reflect changes to the Wassenaar Arrangement dual-use list as well as changes to the control lists administered by other multilateral export control regimes, including the Australia Group, Nuclear Suppliers Group and the Missile Technology Control Regime, in line with UK’s commitments as a member of these regimes.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available from the Export Control Joint Unit, Old Admiralty Building, London SW1A 2DY. The Explanatory Memorandum has also been published alongside the instrument on the www.legislation.gov.uk website, and a copy has been placed in the Libraries of both Houses of Parliament.