The Export of Goods (Control) Order 1987

• Citation: S.I. 1987/2070
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Export of Goods (Control) Order 1987 and shall come into force on 1st January 1988.

(2) In this Order, unless the context otherwise requires–

“Commissioners” means the Commissioners of Customs and Excise;

“country” includes territory;

“goods”, unless otherwise specified, means both used and unused goods;

“hovercraft” has the same meaning as in section 4(1) of the Hovercraft Act 1968 ;

“international import certificate” means a certificate issued by the Secretary of State for the purposes of this Order or any Order revoked by this Order certifying that an importer has undertaken with the Secretary of State to import into the United Kingdom the goods specified in the certificate or to deal with them in such other manner as is authorised by a licence granted under this Order;

“importation” and “exportation” in relation to a ship or aircraft includes the taking into or out of the United Kingdom of the ship or aircraft notwithstanding that the ship or aircraft is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

“Member State” means a Member State of the European Communities;

“scheduled goods” means goods of a description specified in Schedule 1 hereto and any reference to such goods being indicated by a letter shall be taken as a reference to the goods being so indicated in Schedule 1 hereto;

“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;

“ship” includes the hull or part of the hull of a ship;

“software” means one or more programmes fixed in any tangible medium of expression, “programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer and includes a microprogramme, and “microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;

“technological document” means any document containing information relating to the design, production, testing or use of goods or to technologies or processes and “document” includes any record or device by means of which information is recorded or stored;

a prohibition on exportation means a prohibition on exportation from the United Kingdom and shall include a prohibition on shipment as ships' stores;

numerical references in Schedule 1 hereto to British Standards are references to the standards so numbered published by the British Standards Institution in the year indicated after such references with such amendments (if any) thereto as may have been made before the making of this Order;

references in Schedule 1 hereto to percentages of the contents of any goods are references to percentages by weight;

any description of goods in Group A of Part I of Schedule 1 hereto in relation to a Combined Nomenclature heading or sub-heading, other than one covering a whole heading, shall be taken to comprise all goods which would be classified under an entry in the same terms constituting a subheading in the relevant heading in the Combined Nomenclature of the European Economic Community .

Section 2 Prohibitions and restrictions on exportation

Subject to the provisions of this Order–

(i) scheduled goods indicated by the letter “A” are prohibited to be exported to any destination;

(ii) scheduled goods indicated by the letter “T” are prohibited to be exported to any destination except that when in relation to such goods the provisions of Regulation (EEC) 1062/87 , as amended , relating to the use of Community transit documents requiring anything to be done at or before the time of exportation have been complied with, the goods may be exported to a destination in another Member State;

(iii) scheduled goods indicated by the letter “E” are prohibited to be exported to any destination except a destination in another Member State;

(iv) scheduled goods consisting of classes of ships indicated by the letter “S” are prohibited to be exported to any destination after delivery or for the purpose of delivery, directly or indirectly, to a person in Afghanistan, Albania, Bulgaria, China, Czechoslovakia, the German Democratic Republic, Hungary, Mongolia, North Korea, Poland, Romania, the Union of Soviet Socialist Republics or the Socialist Republic of Vietnam;

(v) scheduled goods indicated by the letter “I” are prohibited to be exported to any destination in Iran or Iraq;

(vi) scheduled goods indicated by the letters “E (S)” are prohibited to be exported to any destination except that when in relation to such goods the provisions of Regulation (EEC) 1062/87 , as amended, relating to the use of Community transit documents requiring anything to be done at or before the time of exportation have been complied with, the goods may be exported to a destination in another Member State, other than Spain;

(vii) scheduled goods indicated by the letters “E(PS)” are prohibited to be exported to any destination except that when in relation to such goods the provisions of Regulation (EEC) 1062/87 , as amended, relating to the use of Community transit documents requiring anything to be done at or before the time of exportation have been complied with, the goods may be exported to a destination in another Member State, other than Portugal or Spain;

(viii) scheduled goods indicated by the letter “L” are prohibited to be exported to any destination in Libya;

(ix) scheduled goods indicated by the letter “Z” are prohibited to be exported to any destination in South Africa or Namibia;

(x) all goods in relation to the export of which from any country an international import certificate has been issued and which have been imported into the United Kingdom are prohibited to be exported to any destination;

(xi) specialised components of any of the apparatus, appliances or equipment falling within a description in Group 1 of Part II of Schedule 1 hereto, whether or not such components are specified in the description, are prohibited to be exported to any destination in South Africa or Namibia;

(xii) goods of a description specified in Group C of Part I of Schedule 1 hereto are prohibited to be exported to any destination in the United States of America or the Commonwealth of Puerto Rico;

(xiii) technological documents, other than documents generally available to the public, and other than applications for the grant of patents (or any other forms of protection for inventions) or for the registration of designs, in either case under the law of the United Kingdom or of any other country or under any treaty or international convention, and documents necessary to enable such applications to be filed, or made and pursued, the information contained in which relates to any goods specified in Groups 1 to 3 of Part II of Schedule 1 hereto or to any goods, technologies or processes specified in Group 4 of Part II of Schedule 1 hereto are prohibited to be exported to any destination in any country specified in paragraph (iv) above;

Section 3 Community steel products

The prohibition in article 2 (xii) of this Order shall not apply to any exportation to any destination in the United States of America or the Commonwealth of Puerto Rico in accordance with a European Community export licence issued by the competent authority of a Member State in conformity with the provisions of Commission Decision 2873/82/EC SC or Commission Regulation (EEC) No. 2874/82 or Commission Regulation (EEC) No. 61/85 .

Section 4 Exceptions

Nothing in article 2 of this Order shall be taken to prohibit the exportation of– Licensed exports and permitted ships' stores

(a) any goods under the authority of a licence granted by the Secretary of State, or the shipment of any goods as ships' stores with the permission of the proper officer of Customs and Excise at the port of departure for use on board the ship, provided that all conditions attaching to the said licence or the said permission are complied with; Channel Islands

(b) any goods other than goods of a description included in Group B of Part I of Schedule 1 hereto or in Group 1 of Part II of the said Schedule, to any destination in the Channel Islands; Samples

(c) trade samples of any goods, except goods of a description included in Groups 1 and 2 of Part II of Schedule 1 hereto, if the samples have no saleable value; Aircraft

(d)

(i) any aircraft which is being exported after temporary importation into the United Kingdom, provided that there has been no change of ownership or registration since such importation;

(ii) any aircraft engaged on a scheduled journey; Cocoa

(e) cocoa beans, whole or broken, raw or roasted, and the following cocoa products namely cocoa paste (in bulk or block) whether or not defatted, cocoa butter (fat and oil) and cocoa powder not containing added sugar or other sweetening matter to any destination if there is produced to the proper officer of Customs and Excise at the place of export the appropriate certificate prescribed for this purpose by the economic and control rules of the International Cocoa Agreement 1986 which were adopted by the International Cocoa Council on 23rd January 1987; Firearms and ammunition

(f) firearms and ammunition to any destination other than a destination in South Africa or in Namibia, not being goods of a description included in Group B of Part I of Schedule 1 hereto, authorised to be held by a valid firearm certificate or shot gun certificate granted or having effect as if granted under the Firearms Act 1968 or by a valid firearm certificate granted in Northern Ireland under the Firearms (Northern Ireland) Order 1981 or granted in the Isle of Man under the Firearms Act 1947 (an Act of Tynwald) and forming part of the personal effects of the holder, if the certificate is produced by the holder, or his duly authorised agent, with the firearms and ammunition to the proper officer of Customs and Excise at the place of export; Hovercraft

(g) hovercraft engaged on a scheduled journey; Live animals

(h)

(i) any live animal if the place of export is Great Britain;

(ii) live bovine animals, live swine and live sheep from Northern Ireland to the Republic of Ireland; Ships

(i)

(i) any ship registered or constructed outside the United Kingdom which is being exported after temporary importation into the United Kingdom;

(ii) any ship which is departing from the United Kingdom on trials;

(iii) any ship proceeding on a normal commercial sailing.

Section 5 Customs powers to demand evidence of destination which goods reach

Any exporter or any shipper of goods which have been exported from the United Kingdom shall, if so required by the Commissioners, furnish within such time as they may allow proof to their satisfaction that the goods have reached either–

(i) a destination to which they were authorised to be exported by a licence granted for the purposes of this Order, or

(ii) a destination to which their exportation was not prohibited by this Order;

and, if he fails to do so, he shall be liable to a customs penalty not exceeding two thousand pounds unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.

Section 6 Offences in connection with applications for licences, etc.

If for the purpose of obtaining any international import certificate or of obtaining any licence or permission under this Order for the exportation or shipment as ships' stores of any goods or of obtaining from the Secretary of State a European Community export licence as referred to in article 3 of this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence and liable on summary conviction to a fine not exceeding two thousand pounds and on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; and any licence or permission or European Community export licence which may have been granted for the exportation or shipment as ships' stores of any goods, in connection with the application for which the false statement was made or the false document or information furnished, shall be void as from the time it was granted.

Section 7 Declaration as to goods: powers of search

(1) Any person who, on any occasion, is about to leave the United Kingdom shall, if on that occasion he is required to do so by an officer of Customs and Excise–

(a) declare whether or not he has with him any goods the export of which from the United Kingdom is subject to any prohibition or restriction under this Order; and

(b) produce any such goods as aforesaid which he has with him;

and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:

Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.

(2) Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence and liable to a customs penalty not exceeding one thousand pounds.

(3) Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence and liable on summary conviction to a customs penalty not exceeding two thousand pounds and on conviction on indictment to a customs penalty of any amount or imprisonment for a term not exceeding two years, or to both.

Section 8 Overlapping descriptions

Where any goods fall within more than one description specified in Schedule 1 hereto and at least one description is specified in Group B of Part I or in Part II and the goods are indicated in that Schedule by more than one of the letters specified in article 2 those goods shall be deemed to fall only within the prohibition in the paragraph first-mentioned in article 2 relating to the goods.

Section 9 Modification and revocation of licences, etc.

(1) Any international import certificate or licence granted by the Secretary of State in pursuance of article 2(x) or 4(a) or having effect as if so granted may be modified or revoked by him at any time.

(2) Any permission granted by the proper officer of Customs and Excise for the shipment of any goods as ships' stores may be modified or revoked by such officer at any time.

Section 10 Revocations etc.

The Arms Export Prohibition Orders 1931–37 are hereby suspended and the Orders specified in Schedule 2 hereto are hereby revoked.