Export of Goods (Control) Order 1985
|Publication Date:||January 01, 1985|
CUSTOMS AND EXCISEThe Export of Goods (Control) Order 1985
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 1985 and shall come into operation on 25th July 1985.
(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;
(a) 1939 c. 69.
(b) See S.I. 1970/1537.
(c) 1968 c. 59.
"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, "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, and "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;
"technological document" means any document containing information relating to the design, production, testing or use of goods or to technologies or processes and "document" includes any record or device by means of which information is recorded or stored;
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;
references in Schedule 1 hereto to percentages of the contents of any goods are references to percentages by weight;
any description of goods in Groups A and C 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).
Prohibitions 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, as amended(b), relating to the use of Community transit documents requiring anything to be done at or before the time of
(a) See Council Regulation (EEC) No. 3400/84 (O.J. No. L320, 10.12.84) amending Regulation (EEC) No. 950/68.
(b) O.J. No. L38, 9.2.77, p. 20, amended by Regulations (EEC) 1601/77 (O.J. No. L182, 22.7.77, p. 1), 526/79 (O.J. No. L74, 24.3.79, p. 1), 1964/79 (O.J. No. L227, 7.9.79, p. 12), 137/80 (O.J. No. L18, 24.1.80, p. 13), 902/80 (O.J. No. L97, 15.4.80, p. 20), 3298/80 (O.J. L344, 19.12.80, p.16), 1664/81 (O.J. No. L166, 24.6.81, p. 11), 2105/81 (O.J. No. L207, 27.7.81, p. 1), 3220/81 (O.J. No. L324, 12.11.81, p. 9), 1499/82 (O.J. L161, 12.6.82, p. 11) and 1482/83 (O.J. No. L151, 9.6.83, p. 29).
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 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 Afghanistan, 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 or the Socialist Republic of Vietnam;
(v) 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;
(vi) specialised components of any of the apparatus, appliances or equipment falling within a description 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 or Namibia;
(vii) 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;
(viii) technological documents, other than documents generally available to the public, the information contained in which relates to any goods specified in Groups 1 to 3 of Part II of Schedule 1 hereto or to any goods, technologies or processes specified in Group 4 of Part II of Schedule 1 hereto are prohibited to be exported to any destination in any country specified in paragraph (iv) above;
(ix) scheduled goods indicated by the letter "I" are prohibited to be exported to any destination in Iran or Iraq.
Community steel products
3. The prohibition in Article 2(vii) of this Order shall not apply to any exportation to any destination in the United States of America or the Commonwealth of Puerto Rico in accordance with a European Community export licence issued by the competent authority of a Member State in conformity with the provisions of Commission Decision 82/2873/ECSC(a) or Commission Regulation (EEC) No. 2874/82(b) or Commission Regulation (EEC) No. 61/85(c).
(a) O.J. No. L307, 1.11.1982.
(b) O.J. No. L307, 1.11.1982.
(c) O.J. No. L9, 10.1.1985.
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;
(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;
(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;
(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;
(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
(a) Cmnd. 8226.
(b) O.J. No. L279, 1.10.81.
(c) 1968 c. 27.
Firearms Act (Northern Ireland) 1969(a) or granted in the Isle of Man under the Firearms Act 1947 (an Act of Tynwald)(b) 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...
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