Export of Goods (Control) Order 1989

Publication Date:January 01, 1989
 
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1989No. 2376

CUSTOMS AND EXCISE

The Export of Goods (Control) Order 1989

15thDecember1989

14thFebruary1990

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 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 1989 and shall come into force on 14th February 1990.

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

"aircraft" does not include helicopters;

"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 ( c);

"importation" and "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;

"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;

"ODMA software" means operating software, diagnostic software, maintenance software or application software; and in each case includes only the minimum software necessary to enable the equipment to perform the function for which it was designed;

"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;

(a) 1939 c.69.

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

(c) 1968 c.59.

"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, testing or use of goods or to technologies or processes, excluding:

(i) document which is generally available to the public;

(ii) 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) 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;

a prohibition on exportation means a prohibition on exportation from the United Kingdom and shall include a prohibition on shipment as ships' stores;

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;

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 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 ( a).

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 relates to those goods are prohibited to be exported to any destination in a country listed in Schedule 2 to this Order;

(ii) where technology is specified in Schedule 1 to this Order and indicated by the

(a) See Council Regulation (EEC) No.2658/87 O.J. No.L256, 7.9.87, p. 1 amended by Commission Regulation (EEC) No.3985/87 O.J. No.L376 31.12.87, p. 1, Council Regulation (EEC) No.1045/88 O.J. No.L103 22.04.88 p. 1, Council Regulation (EEC) No.1058/88 O.J. No.L104 23.04.88 p. 1, Council Regulation (EEC) No.1315/88 O.J. No.L123 17.05.88 p. 2, Council Regulation (EEC) No.1471/88 O.J. No.L134 31.05.88 p. 1, Commission Regulation (EEC) No.1858/88 O.J. No.L166 01.07.88 p. 10, Commission Regulation (EEC) No.3174/88 O.J. No.L298 31.10.88 p. 1, Council Regulation (EEC) No.3468/88 O.J. No.L305 10.11.88 p. 1, Council Regulation (EEC) No.4107/88 O.J. No.L361 29.12.88 p. 1, Commission Regulation (EEC) No.0020/89 O.J. No.L004 06.01.89 p. 19, Council Regulation (EEC) No.1495/89 O.J. No.L148 01.06.89 p. 1, Council Regulation (EEC) No.1672/89 O.J. No.L169 19.06.89 p. 1, Commission Regulation (EEC) No.2886/89 O.J. No.L282 02.10.89 p. 1, and Commission Regulation (EEC) No.3469/89 O.J. No.L337 21.11.89 p. 5.

letter "D", technological documents the information in which includes that technology are prohibited to be exported to any destination in a country listed in Schedule 2 to this Order

(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 relates 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 relates 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 relates 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 to this Order;

(vii) 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 Commission Regulation (EEC) 1062/87, as amended ( a), 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;

(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 relates 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 relates to those goods are prohibited to be exported to any destination in South Africa or Namibia;

(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 or Namibia;

(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.

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 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

(a) O.J.No.L107, 22.4.87, p. 1, amended by Commission Regulations (EEC) No.2823/87, O.J. No.L270, 23.9.87, p. 1, No.1469/88, O.J. No.L132 28.5.88, p. 67 and No.1159/88, O.J. No.L119, 24.4.89, p. 100.

2873/82/ECSC ( a) or Commission Regulation (EEC) No. 2874/82 ( b)...

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