Export of Goods (Control) Order 1978

Publication Date:January 01, 1978
 
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1978No. 796

CUSTOMS AND EXCISE

The Export of Goods (Control) Order 1978

1stJune1978

3rdJuly1978

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, operation, interpretation

1.—(1) This Order may be cited as the Export of Goods (Control) Order 1978 and shall come into operation on 3rd July 1978.

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

"Commissioners" means the Commissioners of Customs and Excise;

"country" includes territory, and references to a country include references to any area consisting of two or more countries;

"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 included 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;

"United Kingdom" includes the Isle of Man;

(a) 1939 c. 69.

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

(c) 1968 c. 59.

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).

(3) The Interpretation Act 1889(b) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament and as if this Order, the Orders hereby revoked and any other Order mentioned in this Order were Acts of Parliament.

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(c), as amended by Regulation (EEC) 1601/77(d), 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) goods of any description are prohibited to be exported to any destination in Southern Rhodesia.

(a) See Regulation (EEC) 2500/77 (O.J. No. L289, 14.11.76) amending Regulation (EEC) 950/68.

(b) 1889 c. 63.

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

(d) O.J. No. L18222.7.77, p.1.

Exceptions

3.—(1) Subject to paragraph (2) of this Article, 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, in the case of diamonds, by the Commissioners, 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 in block) whether or not defatted, cocoa butter (fat or oil) and unsweetened cocoa powder

(i) to any destination in another member State of the European Economic Community,

(ii) to any destination if imported into the United Kingdom for transhipment or

(iii) to any destination if there is produced to the proper officer of Customs and Excise at the place of export the certificate prescribed for this purpose by the economic and control rules of the International Cocoa Agreement 1975 which were adopted by the International Cocoa Council on 26th July 1976 and are set out in the annex to Regulation (EEC) 2762/76(a);

Diamonds

(f) (i) diamonds exported to any destination in the Republic of Ireland or the Channel Islands;

(ii) diamonds exported by registered letter post, insured parcel post or air freight, to any destination in any other territory which is for the time being one of the scheduled territories as defined in the Exchange Control Act 1947(b);

Firearms and Ammunition

(g) firearms and ammunition to any destination other than a destination in South Africa or in Namibia (South West Africa), not being goods of a

(a) O.J. No. L321, 20.11.76.

(b) 1947 c. 14.

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

(h) hovercraft engaged on a scheduled journey;

Live Animals of the Bovine Species, Swine and Sheep

(i) (i) any animal in respect of which there is produced to the proper officer of Customs and Excise at the place of export a licence granted under Article 9(1)(a) of the Exported Animals Protection Order 1964(d) if the place of export is in Great Britain;

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

Ships

(j) (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.

(2) Nothing in paragraph (1) of this Article shall be taken to permit the exportation from the United Kingdom to any destination in Southern Rhodesia of any goods the exportation of which is prohibited by the Southern Rhodesia (United Nations Sanctions) (No. 2) Order 1968(e) or by the Southern Rhodesia (United Nations Sanctions) (Isle of Man) Order 1969(f), as amended(g).

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...

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