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Statutory Instrument 1991 No. 2666
The Export of Goods (Control) Order 1991
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1991 No. 2666
CUSTOMS AND EXCISE
The Export of Goods (Control) Order 1991
| Coming into force | 31st December 1991 |
The Secretary of State, in exercise of powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939[1] and now vested in him[2], and of all other powers enabling him in that behalf, hereby makes the following Order: Citation, commencement and interpretation
1. -
(1) This Order may be cited as the Export of Goods (Control) Order 1991 and shall come into force on 31st December 1991.
(2) In this Order, unless the context otherwise requires-"aircraft" does not include helicopters; "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; "Commissioners" means the Commissioners of Customs and Excise; "country" includes territory; "document" includes any record or device by means of which information is recorded or stored; "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[3]; "exportation" in relation to a vessel, submersible vehicle, aircraft or helicopter includes the taking into or out of the United Kingdom of the vessel, submersible vehicle, aircraft or helicopter notwithstanding that the vessel, submersible vehicle, aircraft or helicopter is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly; "intestines" in the definition of "bovine offal" 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; "Member State" means a Member State of the European Communities; "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; "normal commercial journey" means a journey providing transport services in the ordinary course of business; "production" includes all production phases, including production engineering, manufacture, integration, assembly, 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 and includes a microprogramme; "scheduled goods" means goods of a description specified 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; "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; "SWATH vessel" means any small waterplane area twin-hull vessel; "technological document" means any document containing information relating to the design, production or use of goods or to technologies or processes, excluding: (i) any document which is generally available to the public; (ii) 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 semi conductor topography, in each case under the law of the United Kingdom or of any other country or under any treaty or international convention; (iii) any document necessary to enable any such application to be filed, made or pursued;
"vessel" includes any ship, surface effect vehicle, SWATH 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; (b) any reference to scheduled goods or any other item being indicated by a letter shall be taken as a reference to such goods or items being so indicated in Schedule 1 hereto; (c) 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; (d) references in Schedule 1 hereto to percentages of the contents of any goods are references to percentages by weight; (e) any description of goods specified 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[4]. Prohibitions and restrictions on exportation
2. Subject to the provisions of this Order- (i) where scheduled goods are indicated by the letter "C", those goods are prohibited to be exported to any destination, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in a country listed in Schedule 2 hereto; (ii) where technology is specified in Schedule 1 to this Order and indicated by the letter "D", technological documents the information in which includes information relating to that technology are prohibited to be exported to any destination in a country listed in Schedule 2 hereto; (iii) scheduled goods indicated by the letter "E" are prohibited to be exported to any destination except a destination in another Member State; (iv) where scheduled goods are indicated by the letter "I", those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Iran or Iraq; (v) where scheduled goods are indicated by the letter "L", those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Libya; (vi) where scheduled goods are indicated by the letter "S", those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination after delivery or for the purpose of delivery, directly or indirectly, to a person in any country listed in Schedule 2 hereto; (vii) where technology is specified in Schedule 1 hereto and indicated by the letter "B", technological documents the information in which includes information relating to that technology are prohibited to be exported to any destination; (viii) scheduled goods indicated by the letter "W" are prohibited to be exported to any destination; (ix) scheduled goods indicated by the letter "X" are prohibited to be exported to any destination in India or Pakistan; (x) where scheduled goods are indicated by the letter "Y", those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Syria; (xi) where scheduled goods are indicated by the letter "Z", those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in South Africa; (xii) specialised components of any goods of a description specified 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; (xiii) 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; (xiv) where scheduled goods are indicated by the letter "A", those goods, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination; and (xv) goods of a description specified in Schedule 3 hereto, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, 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, detection, identification or storage of chemical or biological weapons or of any chemical, toxin, micro-organism or other biological agent used in the development or production of such weapons; (ii) the disposal of waste arising out of the development or production of chemical or biological weapons, or of any chemical, toxin, micro-organism or other biological agent used in the development or production of such weapons; (iii) the development, production, handling, detection, identification or storage of any vaccine, toxoid, protein or immunoglobulin for protection against, or the treatment of, the harmful effects of any chemical, toxin, micro-organism or other biological agent used in such weapons; (iv) the development, production, handling or storage of nuclear weapons; or (v) the development, production, handling or storage of missiles capable of delivering nuclear, chemical or biological weapons; (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. Community Steel Products
3. The prohibition in article 2 (xiii) of this Order shall not apply to any exportation to any destination in the United States of America or the Commonwealth of Puerto Rico which is in accordance with a European Community export licence issued by the competent authority of a Member State in conformity with the provisions of Commission Regulation (EEC) No. 3725/89[5] or Commission Regulation (EEC) No. 3726/89[6] or Commission Decision No. 3727/89/ECSC[7], and which is covered by an export certificate drawn up in conformity with those provisions. Exceptions
4. 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 specified 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;
Aircraft and helicopters (c) (i) any aircraft or helicopter 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 or helicopter engaged on a scheduled journey;
Firearms and ammunition (d) (i) firearms (not being goods of a description specified in Group B of Part 1 of Schedule 1 hereto) authorized to be held by a valid firearm certificate or shotgun certificate granted or having effect as if granted under the Firearms Act 1968[8] or by a valid firearm certificate granted under the Firearms (Northern Ireland) Order 1981[9] or granted in the Isle of Man under the Firearms Act 1947 (an act of Tynwald)[10]; and (ii) related ammunition for use therewith; to any destination other than a destination in South Africa, provided that the firearms and ammunition form part of the personal effects of the holder of the certificate and the certificate is produced by the holder, or his duly authorized agent, with the firearms and ammunition, to the proper officer of Customs and Excise at the place of export;
Live animals (e) (i) any live bovine animal, live swine or live sheep, if the place of export is in Great Britain; (ii) live bovine animals, live swine and live sheep from Northern Ireland to the Republic of Ireland;
Vessels (f) (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.
Customs powers to demand evidence of destination which goods reach
5. 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 authorized 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. Offences in connection with applications for licences, conditions attaching to licences, etc.
6. -
(1) If for the purpose of- (a) obtaining any licence or permission under this Order for the exportation or shipment as ships' stores of any goods; or (b) obtaining from the Secretary of State a European Community export licence as referred to in article 3 of this Order, any person- (i) makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or (ii) 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 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. (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 exceeding 2 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 4(a); and (b) fails to comply with any condition attaching to that licence, 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.
Declaration as to goods: powers of search
7. -
(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.
Modification and revocation of licences, etc.
8. -
(1) A licence granted by the Secretary of State in pursuance of article 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.
Revocations
9. The Orders specified in Schedule 4 hereto are hereby revoked.
Tim Sainsbury
Minister for Trade,
Department of Trade and Industry
25th November 1991
Notes:[1] 1939 c. 69.
[2] See S.I. 1970/1537.
[3] 1968 c. 59.
[4] Annex I to Council Regulation (EEC) No. 2658/87 O.J. No. L256, 7.9.87, p1, replaced by Commission Regulation (EEC) No. 2472/90 O.J. No. L247, 10.9.90, p1, and amended by Commission Regulation (EEC) No. 2943/90O.J. No. L281, 12.10.90, p22, Council Regulations (EEC) No. 3116/90 O.J. No. L303, 31.10.90, p1, and No. 3274/90O.J. No. L315, 15.11.90, p1 and Commission Regulations (EEC) No. 53/91 O.J. No. L7, 10.1.91, p14, and No. 315/91 O.J. No. L37, 9.2.91, p24.
[5] O.J. No. L368, 18.12.89, p.37.
[6] O.J. No. L368, 18.12.89, p.60.
[7] O.J. No. L368, 18.12.89, p.74.
[8] 1968 c. 27, as amended by the Firearms (Amendment) Act 1988 (c. 45).
[9] S.I. 1981/155 (N.I.2).
[10] Acts of Tynwald 1947, p.586.
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