The Export of Goods (Control) Order 1992

• Citation: S.I. 1992/3092
• Sections: 229

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Export of Goods (Control) Order 1992 and shall come into force on 31st December 1992.

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

“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;

“basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts and not primarily directed towards a specific practical aim or objective;

“country” includes territory;

“development” means any activity or phase prior to production and may include or relate to design, design research, design analysis, design concepts, design data, assembly and testing of prototypes, pilot production schemes, the process of transforming design data into a product, configuration design, integration design, or layout;

“document” includes any medium or device by means of which information is recorded or stored including a magnetic or optical disk or tape or a solid state memory;

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

“importation” and “exportation” in relation to a vessel, submersible vehicle or aircraft includes the taking into or out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that the vessel, submersible vehicle 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;

“microprogramme” means a sequence of elementary instructions, maintainded in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;

“normal commercial journey” means a journey providing transport services in the ordinary course of business;

“production” includes all production phases, including construction, production engineering, manufacture, integration, assembly (which includes mounting), inspection, testing and quality assurance;

“programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer;

“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 manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;

“software” means one or more programmes or microprogrammes fixed in any tangible medium of expression;

“surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;

“technology” means any document including blueprints, plans, diagrams, models, formulae, tables, engineering designs or specification, manuals or instructions, necessary for the development, production or use of goods except:

any document the information within which is generally available to the public or relates to basic scientific research;

any application for the grant of a patent (or any other form of protection for an invention) or for the registration of a design, or a semiconductor topography, in each case under the law of the United Kingdom or of any other country or under any treaty or international convention;

any document necessary to enable any such application to be filed, made or pursued;

“toxins” means toxins in the form of deliberately isolated preparations or mixtures, no matter how produced, other than toxins present as contaminants of other materials such as pathological specimens, crops, foodstuffs or seed stocks of microorganisms;

“use” means operation, installation (which includes on-site installation), maintenance, checking, repair, overhaul and refurbishing;

“vessel” includes any ship, surface effect vehicle, small waterplane area vessel and hydrofoil, and the hull or part of the hull of a vessel.

(3) In this Order—

(a) a prohibition on exportation is a prohibition on exportation from the United Kingdom including a prohibition on shipment as ships' stores; and

(b) numerical references in Schedule 1 hereto to standards and recommendations are references to the relevant standards and recommendations so numbered with such amendments (if any) thereto as may have been published before the making of this Order.

Section 2 Prohibitions and restrictions on exportation

Subject to the provisions of this Order, all goods of a description specified in Schedule 1 hereto are prohibited to be exported to any destination, save where specified to the contrary in Schedule 1 in relation to those goods.

Section 3 Exceptions

Nothing in this Order shall be taken to prohibit the exportation of—

Licensed exports

(a) any goods under the authority of a licence granted by the Secretary of State, provided that all conditions attaching to the said licence are complied with;

Channel Islands

(b) any goods other than goods of a description specified in Group 2 of Part I of Schedule 1 hereto or in Group I of Part III of the said Schedule, to any destination in the Channel Islands;

Aircraft

(c)

(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 on a scheduled journey;

Vessels

(d)

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

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

(iii) any vessel proceeding on a normal commercial journey;

Firearms and ammunition

(e)

(i) any firearm (not being goods of a description specified in Group 2 of Part I of Schedule 1 hereto) falling within category B, C or D of Annex 1 to Council Directive 91/477/ EEC and related ammunition for use therewith to any destination in a Member State if

(aa) the firearm and ammunition form part of the personal effects of a person who is in possession of

(i) a European firearms pass which has been issued to him under section 32A of the Firearms Act 1968 or

(ii) a document which has been issued to him under the provisions of the law of a Member State corresponding to the provisions of that section

and which, in either case, relates to the firearm in question; and

(bb) either the said pass or document issued to him contains authorisation for the possession of the said firearm from the Member State of destination and any other Member State through which the holder intends that the firearm will pass on its way to that destination, or the holder of the firearm can on request satisfy the proper officer of Customs and Excise at the place of export

(i) that the export of the firearm is necessary to enable the holder to participate in one of the activities specified in Article 12.2 of the said Directive,

(ii) that the firearm falls within the category appropriate to that activity in accordance with the said Article 12.2 and

(iii) that the export or passage of the firearm is not to or, as the case may be, through a Member State which prohibits or requires an authorisation for the acquisition or possession of the said firearm; and

(ii) any firearm (not being goods of a description specified in Group 2 of Part I of Schedule 1 hereto) authorised to be possessed or, as the case maybe, purchased or acquired, by a valid firearm certificate or shot gun certificate granted under the Firearms Act 1968 or by a visitor’s firearm or shot gun permit granted under section 17 of the Firearms (Amendment) Act 1988 or by a valid firearm certificate granted under the Firearms (Northern Ireland) Order 1981 or granted in the Isle of Man under the Firearms Act 1947 (an act of Tynwald) , and related ammunition for use therewith

(aa) to any destination in a Member State by any person or body specified in Article 2.2 of the said Directive, or by the holder of a firearm certificate granted under the said Act of 1947, or

(bb) to any other destination other than a destination in South Africa,

provided that the firearm and ammunition form part of the personal effects of the holder of the certificate and, in a case to which (bb) applies, the certificate is produced by the holder, or his duly authorised agent, with the firearm and ammunition to the proper officer of Customs and Excise at the place of export;

or the shipment of any goods as ships' stores with the permission of a 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 permission are complied with.

Permitted ships' stores

or the shipment of any goods as ships' stores with the permission of a 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 permission are complied with.

Section 4 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 of Customs and Excise, 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 5 Offences in connection with applications for licences, conditions attaching to licences, etc

(1) If for the purpose of obtaining any licence or permission under this Order for the exportation or shipment as ships' stores of any goods any person

(i) makes any statement or furnishes any documents or information which to his knowledge is false in a material particular; or

(ii) recklessly makes any statement or furnishes any documents or information which is false in a material particular,

he shall be guilty of an offence; and any licence or permission 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.

(2) A person guilty of an offence under paragraph (1) above shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment to a fine or imprisonment for a term not exceeding2 years, or to both.

(3) Any person who—

(a) has exported goods from the United Kingdom under the authority of a licence granted by the Secretary of State in pursuance of Article 3(a); and

(b) fails to comply with any condition attaching to that licence, or fails to comply with Article 8 of this Order;

shall be guilty of an offence and liable—

(i) on summary conviction to a fine not exceeding the statutory maximum, and

(ii) on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both:

Provided that no person shall be guilty of an offence under this paragraph where he proves—

(i) that the condition with which he failed to comply was modified, otherwise than with his consent, by the Secretary of State; and

(ii) that the goods in relation to which he failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom.

Section 6 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 2 years,or to both.

Section 7 Licences

(1) A licence granted by the Secretary of State in pursuance of Article 3(a) or having effect as if so granted may be either general, or special, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the Secretary of State at any time.

(2) A licence may be subject to or without conditions and any such condition may require any act or omission before or after the exportation of goods under the licence.

(3) 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.

(4) Subject to the provisions of Schedule 1, or any contrary provisions in a licence, a licence granted in relation to any goods specified in Part III of Schedule I shall also authorize the export of the minimum technology required for the installation, operation, maintenance and repair of the goods, to the same destination as the goods.

Section 8 Use of General Licences

(1) Before or within 30 days after the first exportation of any goods by a person under the authority of any general licence granted under this Order that does not provide otherwise, that person shall give written notice to the Secretary of State of the following particulars—

(i) the name of the person; and

(ii) the address at which copies of the records referred to in paragraph (3) below may be inspected by any person authorised by the Secretary of State under paragraph (3).

(2) After any change in any of the said particulars, before or within 30 days after the first exportation of any goods under the authority of any general licence granted under this Order that does not provide otherwise, the said person shall give written notice to the Secretary of State of that change.

(3) Subject to the provisions of the particular general licence under which he has exported goods, any person who has exported goods under the authority of a general licence shall keep records of every such exportation including the following information—

(a) in so far as it is known to him, the name and address of any consignee of the goods, and any person to whom the goods are to be, or have been, delivered;

(b) his address;

(c) the date of exportation;

(d) a description of the goods including the quantity of goods exported;

(e) any further information required by the licence to be kept;

and any such records shall be kept for at least 4 years from the date of the relevant exportation; and he shall permit any such records to be inspected, and copied, by any person authorised by the Secretary of State; and for these purposes any such person shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter the premises the address of which has been most recently notified to the Secretary of State under paragraph (1) or (2).

(4) Where any records referred to in paragraph (3) are kept in a form which is not legible the exporter shall at the request of the person authorised by the Secretary of State reproduce such records in a legible form.

(5) Any notice to be given by a person under paragraph (1) or (2) may be given by the agent of that person and shall be sent by post or delivered to the Secretary of State at The Compliance Unit, DTI , Kingsgate House, 66-74 Victoria Street, London, SW1E 6SW.

Section 9 Revocations

The Orders specified in Schedule 3 hereto are hereby revoked.

A 2E003

Chemical Vapour Deposition (CVD)

B 2E003

Thermal—Evaporation Physical Vapour Deposition ( TE—PVD )

B.2 2E003

Ion assisted resistive heating Physical Vapour Deposition (Ion Plating)

B.3 2E003

Physical Vapour Deposition: laser evaporation

B.4 2E003

Physical Vapour Deposition: cathodic arc discharge

C 2E003

Pack cementation (see A above for out—of—pack cementation) (10)

D 2E003

Plasma spraying

E 2E003

Slurry Deposition

F 2E003

Sputter Deposition

G 2E003

Ion Implantation

Part 1 Telecommunications

Notes:

Part 2 Information Security

Note: Information security equipment, software, systems, application specific electronic assemblies, modules, integrated circuits, components or functions are defined in this Category even if they are components or electronic assemblies of other equipment.

Section 1

In Group 1 of this Part—

(a) “bovine offal” means the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal over six months of age which has died or has been slaughtered, as the case may be, in the United Kingdom;

(b) “intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum; and

(c) any description of goods specified 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 sub-heading in the relevant heading in the Combined Nomenclature of the European Economic Community .

Section 1 Goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles

Goods of a description specified in paragraph (2) below are prohibited to be exported to any destination—

(a) if the exporter knows that they are intended or likely to be used in—

(i) the development, production, handling, operation, delivery, detection, identification or storage of any chemical or biological weapon;

(ii) the disposal of waste arising out of the development or production of any chemical or biological weapon;

(iii) the development, production, handling, operation, delivery, detection, identification or storage of any vaccine, toxoid, protein or immunoglobulin for protection against, or the treatment of, the harmful effects of any chemical or biological weapon;

(iv) the development, production, handling, operation, delivery, or storage of any nuclear weapon; or

(v) the development, production, handling, operation, delivery or storage of missiles capable of delivering any nuclear, chemical or biological weapon;

(b) where the exporter knows or has grounds for suspecting that they might be used for any purpose referred to in sub-paragraph (a) above, unless he has made all reasonable enquiries as to their proposed use and satisfied himself that the goods will not be so used.

Section 1 ML7

Cyanogen chloride;

Section 1 ML7

DF :Methyl phosphonyldifluoride;

Section 1 ML7

Biocatalysts, specially designed for decontamination or degradation of CW agents described in head a. above resulting from directed laboratory selection or genetic manipulation of biological systems;

Section 1 ML7

Technology for the development, production or use of toxicological agents, related equipment or components, agents, or materials specified in heads a. to f. above;

Section 1 ML8

Spherical aluminium powder with a particle size of 60 micrometres or less, manufactured from material with an aluminium content of 99% or more;

Section 1 ML8

Any explosive with a detonation velocity exceeding 8,700 m/s or a detonation pressure exceeding 340 kilobars;

Section 1 ML8

Azidomethylmethyloxetane ( AMMO ) and its polymers;

Section 1 Exclusions and definitions

This Group does not specify software which is either:

(a) generally available to the public or

(b) 1 sold from stock at retail selling points, without restriction, by means of:

(a) over—the—counter transactions;

(b) mail order transactions;

(c) telephone order transactions; and

(2) is designed for installation by the user without further substantial support by the supplier.

Section 1 1C002

The metal alloys specified in head a. of this entry are those containing a higher percentage by weight of the stated metal than of any other element.

Section 1 1C101

This entry includes:

(a) Structural materials and coatings specially designed for reduced radar reflectivity;

(b) Coatings, including paints, specially designed for reduced or tailored reflectivity or emissivity in the microwave, infrared or ultraviolet regions of the electromagnetic spectrum.

Section 1 Equipment, Assemblies and Components

DN is the product of the bearing bore diameter in mm and the bearing rotational velocity in rpm.

Section 1 2B001

Secondary parallel contouring axes, e.g., the w—axis on horizontal boring mills or a secondary rotary axis the centre line of which is parallel to the primary rotary axis, are not counted in the total number of contouring axes.

NB: Rotary axes need not rotate over 360°. A rotary axis can be driven by a linear device, e.g., a screw or a rack—and—pinion.

Section 1 2B001

Sub—head c.1. of this entry does not specify cylindrical external, internal and external—internal grinding machines having all of the following characteristics:

(a) Not centreless (shoe—type) grinding machines;

(b) Limited to cylindrical grinding;

(c) A maximum workpiece capacity of 150mm outside diameter or length;

(d) Only two axes which can be coordinated simultaneously for contouring control; and

(e) No contouring c axis.

Section 1 2E003

Physical Vapour Deposition ( PVD ): Electron—Beam (EB—PVD)

Section 1 3A

For equipment, devices and components described in sub—category 3A, other than those described in sub—heads a.3. to a.10. of this entry, which are specially designed for, or which have the same functional characteristics as other equipment, refer to the entry that specifies such equipment.

Section 1

Computers, related equipment or software performing telecommunications or local area network functions must also be evaluated against the performance characteristics of Category 5 (Part 1—Telecommunications).

N.B.:

Section 1

Control units which directly interconnect the buses or channels of central processing units, main storage or disk controllers are not regarded as telecommunications equipment described in Category 5 (Part 1—Telecommunications).

Section 1 4A003

This entry includes vector processors, array processors, logic processors, and equipment for image enhancement or signal processing.

Section 1 Telecommunications

Components, lasers, test and production equipment, materials and software therefor, which are specially designed for telecommunications equipment or systems are described in this Category.

Section 1 5A001

Employing digital techniques, including digital processing of analogue signals, and designed to operate at a digital transfer rate at the highest multiplex level exceeding 45 Mbit/s or a total digital transfer rate exceeding 90 Mbit/s;

Note: Sub—head b.1. of this entry does not specify equipment specially designed to be integrated and operated in any satellite system for civil use.

Section 1 5A001

Being underwater communications systems having any of the following characteristics:

(a) An acoustic carrier frequency outside the range from 20 to 60kHz;

(b) Using an electromagnetic carrier frequency below 30kHz; or

(c) Using electronic beam steering techniques;

(c) Stored programme controlled switching equipment and related signalling systems, and specially designed components and accessories therefor, having any of the following characteristics, functions or features:

Note: Statistical multiplexers with digital input and digital output which provide switching are treated as stored programme controlled switches.

(1) Common channel signalling;

Note: Signalling systems in which the signalling channel is carried in and refers to no more than 32 multiplexed channels forming a trunk line of no more than 2·1Mbit/s, and in which the signalling information is carried in a fixed, time division multiplexed channel without the use of labelled messages, are not considered to be common channel signalling systems.

(2) Containing Integrated Services Digital Network (ISDN) functions and having either of the following:

(a) Switch—terminal (e.g.,subscriber line) interfaces with a digital transfer rate at the highest multiplex level exceeding 192,000bit/s, including the associated signalling channel (e.g.,2B+D); or

(b) The capability that a signalling message received by a switch on a given channel that is related to a communication on another channel may be passed through to another switch;

Note: Sub—head c.2. of this entry does not preclude:

(1) The evaluation and appropriate actions taken by the receiving switch;

(2) Unrelated user message traffic on a D channel of ISDN.

(3) Multi—level priority and pre—emption for circuit switching;

Note: Sub—head c.3. of this entry does not specify single—level call pre—emption.

(4) Dynamic adaptive routing;

(5) Routing or switching of datagram packets;

(6) Routing or switching of fast select packets;

Note: The restrictions in sub—heads c.5. and c.6. of this entry do not apply to networks using only network access controllers or to network access controllers themselves.

(7) Designed for automatic hand—off of cellular radio calls to other cellular switches or for automatic connection to a centralized subscriber data base common to more than one switch;

(8) Being packet switches, circuit switches and routers with ports or lines exceeding either:

(a) A data signalling rate of 64,000bit/s per channel for a communications channel controller; or

Note: Sub—head c.8.a. of this entry does not preclude the multiplexing over a composite link of communications channels not specified in sub—head c.8.a.

(b) A digital transfer rate of 33Mbit/s for a network access controller and related common medium;

(9) Optical switching;

(10) Employing Asynchronous Transfer Mode (ATM) techniques;

(11) Containing stored programme controlled digital crossconnect equipment with a digital transfer rate exceeding 8·5Mbit/s per port;

(d) Centralized network control having both of the following characteristics:

(1) Receives data from the nodes; and

(2) Processes these data in order to provide control of traffic not requiring operator decisions, thereby performing dynamic adaptive routing;

Note: Head d. of this entry does not preclude control of traffic as a function of predictable statistical traffic conditions.

(e) Optical fibre communication cables, optical fibres and specially designed components and accessories therefor, as follows:

(1) Optical fibres or cables of more than 50m in length having either of the following characteristics:

(a) Designed for single mode operation; or

(b) For optical fibres, capable of withstanding a Proof Test tensile stress of 2×10 9 N/m 2 or more;

Technical Note: Proof Test: On—line or off—line production screen testing that dynamically applies a prescribed tensile stress over a 0·5 to 3m length of fibre at a running rate of 2 to 5m/s while passing between capstans approximately 150mm in diameter. The ambient temperature is a nominal 293K (20°C) and relative humidity 40%.

(2) Components and accessories specially designed for the optical fibres or cables specified in sub—head e.1. of this entry;

except:

Connectors for use with optical fibres or cables with a repeatable coupling loss of 0·5dB or more;

(3) Optical fibre cables and accessories designed for underwater use (for fibre—optic hull penetrators or connectors, see head c. of entry 8A002);

(f) Phased array antennae, operating above 10·5GHz, containing active elements and distributed components, and designed to permit electronic control of beam shaping and pointing.

Note: Head f. of this entry does not specify landing systems with instruments meeting International Civil Aviation Organisation ( ICAO ) standards (microwave landing systems ( MLS )), published by ICAO in Annex 10 of Volume 1.

Section 1 6A005

Pulsed lasers include those that run in a continuous wave (CW) mode with pulses superimposed.

Section 2

The following goods are prohibited to be exported to any destination unless the place of export is in Great Britain, or the export of the goods is from Northern Ireland to the Republicof Ireland:

Section 2 Goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles

(a) Any chemical, toxin, microorganism or other biological agent;

(b) Any vaccine, toxoid, protein or immunoglobulin capable of being used for protection against, or treatment of, any harmful effect of any chemical, toxin, microorganism or other biological agent;

(c) Any equipment (including clothing), software or materials capable of being used in the development, production, handling, operation, delivery, detection, identification or storage of any of the substances specified in sub-paragraph (a) or (b) above;

(d) Any equipment (including clothing), software or materials capable of being used in the disposal of waste arising out of the development or production of substances specified in sub-paragraph (a) or (b) above;

(e) Any equipment (including clothing), software or materials capable of being used in the development, production, handling, operation, delivery or storage of nuclear weapons or missiles capable of delivering nuclear, chemical or biological weapons;

(f) Technology the information in which includes information relating to any goods in sub-paragraphs (a) to (e) above.

Section 2 ML7

Hydrocyanic acid;

Section 2 ML7

QL:o—Ethyl—2—diisopropylaminoethyl methylphosphonite;

(c) Riot control agents, including tear gases;

(d) Equipment specially designed or modified for the dissemination of the materials or agents specified in head a. above and specially designed components therefor;

(e) Equipment specially designed or modified for defence against materials or agents specified in head a. above and specially designed components therefor;

(f) Equipment specially designed or modified for the detection or identification of materials or agents specified in head a. above and specially designed components therefor;

except:

Personal radiation monitoring dosimeters;

(g) Biopolymers specially designed or processed for detection and identification of chemical warfare (CW) agents specified in head a. above and the cultures of specific cells used to produce them;

(h) Biocatalysts for decontamination or degradation of CW agents, and biological systems therefor, as follows:

Section 2 ML7

Biological systems, as follows: expression vectors, viruses or cultures of cells containing the genetic information specific to the production of biocatalysts specified in subhead h.1. above;

(i) Technology, as follows: