Export of Goods (Control) Order 1981

Publication Date:January 01, 1981
 
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1981No. 1641

CUSTOMS AND EXCISE

The Export of Goods (Control) Order 1981

17thNovember1981

23rdDecember1981

The Secretary of State, in exercise of powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939(a) and now vested in him (b), 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 1981 and shall come into operation on 23rd December 1981.

(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(c);

"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;

(a) 1939 c. 69.

(b) See S.I. 1970/1537.

(c) 1968 c. 59.

"ship" includes the hull or part of the hull of a ship;

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;

reference 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 Tariff heading number, 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 common customs tariff of the European Economic Community (a).

Prohibition and restrictions on exportation

2. 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) 223/77(b), as amended by Regulation (EEC) 1601/77(c), 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 indicated by the letter "C" are prohibited to be exported to any destination except a destination in any country named, or included in a country named, in Schedule 2 hereto;

(v) 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 Albania, Bulgaria, China, Czechoslovakia, the German Democratic Republic, Hungary, Democratic Kampuchea, the Lao People's Democratic Republic, Mongolia, North Korea, Poland, Romania, the Union of Soviet Socialist Republics and the Socialist Republic of Vietnam;

(vi) 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; and

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

(a) See Council Regulation (EEC) No. 3000/79 O.J. No. L342, 13.12.79 amending Regulation (EEC) No. 950/68.

(b) O.J. No. L38, 9.2.77, p. 1.

(c) O.J. No. L182, 22.7.77, p. 1.

Exceptions

3. 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 Group 1 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 or oil) and unsweetened cocoa powder 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 and transitional arrangements of the International Cocoa Agreement 1980(a) which were adopted by the International Cocoa Council on 7th August 1981 and were set out in the annex to Regulation (EEC) 2818/81(b);

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(c) or by a valid firearm certificate granted in Northern Ireland under the Firearms Act (Northern Ireland) 1969(d) or granted in the Isle of Man under the Firearms Act 1947 (an Act of Tynwald)(e) 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;

(a) Cmnd. 8226.

(b) O.J. No. L279, 1.10.81.

(c) 1968 c. 27.

(d) 1969 c. 12 (N.I.)

(e) Acts of Tynwald 1947 p. 586.

Hovercraft

(g) hovercraft engaged on a schedule journey;

Live Animals of the Bovine Species, Swine and Sheep

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

(ii) live animals of the bovine species, 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.

Customs powers to demand evidence of destination which goods reach

4. 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 one 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, etc.

5. 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 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 one 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 which may have been granted for the exportation...

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