NTE 2023/12: The Export Control (Amendment) Regulations 2023
Published 10 July 2023
© Crown copyright 2023
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This publication is available at https://www.gov.uk/government/publications/notice-to-exporters-202312-the-export-control-amendment-regulations-2023/nte-202312-the-export-control-amendment-regulations-2023
The Export Control Joint Unit (ECJU) has amended the Export Control Order 2008 (“the 2008 Order”) and the retained Council Regulation (EC) number 428/2009 of 5 May 2009 setting up a community regime for the control of exports and the transfer, brokering and transit of dual-use items (“the retained Dual-Use Regulation”).
The Export Control (Amendment) Regulations 2023 (SI 2023 number 695), will come into force on 13 July 2023.
Amendment to Export Control Order 2008
The Export Control (Amendment) Regulations 2023 amends Schedule 4 to the 2008 Order, moving Haiti from Part 4 of Schedule 4 to Part 3.
This updates the transit controls on military goods destined for Haiti. Countries listed in Part 4 of Schedule 4 are subject to transit control on ‘Category B’ goods only (as specified in Part 2 of Schedule 1 to the 2008 Order, which predominantly includes Small Arms and Light Weapons). Moving Haiti to Part 3 of Schedule 4 ensures that the control applies to the transit of all military goods (as specified in Schedule 2 to the 2008 Order). It also places a requirement that all military goods destined for Haiti that transit the UK require a licence.
Changes to retained Dual-Use Regulation
The Export Control (Amendment) Regulations 2023 amends Annex I to the retained Dual-Use Regulation, which lists dual-use goods, software and technology subject to export controls.
This reflects changes to the control lists administered by 2 international regimes, the Wassenaar Arrangement and the Australia Group.
The changes include:
- 4 new entries for marine toxins namely brevetoxins, gonyautoxins, nodularins and palytoxin; removal of certain entries and other editorial changes under entries 1C351, 1C353, 1C354 and 2B352
- 2 new entries in Categories 8 and 9: 8A002.o.4 and 9E003.k
- textual amendments to several technical notes to include the words: ‘for the purpose of’ at the beginning of the technical note
- amendment to certain parameters in entries 4D001.b.1., 4E001.b.1., 6A005.b.3.a.2., 6A005.d.1.a.1., 6A005.d.1.a.1., 6A005.d.1.a.2
- corrections to minor drafting errors and inconsistencies originating from the international lists
Consolidated list
The consolidated list of strategic military and dual-use items that require export authorisation will be amended and republished in due course.
Contact Export Control Joint Unit
General queries about strategic export licensing
Export Control Joint Unit
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY
Email [email protected]
Telephone 020 7215 4594
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