Export of Goods (Control) (Consolidation) Order, 1958

JurisdictionUK Non-devolved
CitationSI 1958/617

1958 No. 617

EMERGENCY CONTROL OF IMPORTS AND EXPORTS

The Export of Goods (Control) (Consolidation) Order, 1958

11thApril 1958

18thApril 1958

The Board of Trade, in exercise of the powers conferred upon them by Section 1 of the Import, Export and Customs Powers (Defence) Act, 1939(a), and of all other powers enabling them in that behalf, hereby order as follows:—

1. Goods of a description included in the First Schedule hereto are, subject to the provisions of this Order, prohibited to be exported from the United Kingdom or shipped as ships' stores.

2. Goods of a description included in the Second Schedule hereto are, subject to the provisions of Article 3 hereof, prohibited to be exported from the United Kingdom to any port or destination in Egypt, Israel, Saudi Arabia, Syria or the Yemen.

Licensed exports and permitted ships' stores

3. Nothing in Article 1 or 2 of this Order shall be taken to prohibit the exportation of any goods under the authority of a licence granted by the Board of Trade, or the shipment of any goods as ships' stores if the shipment of the goods is 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.

(a) 2 & 3 Geo. 6. c. 69.

4. Nothing in Article 1 of this Order shall be taken to prohibit the exportation of—

(a) any goods of a description included in the First Schedule hereto, not being a description in relation to which the letter A appears in that Schedule, to any port or destination in any of the following countries or territories:—

Canada,

Australia,

New Zealand,

The Union of South Africa,

India,

Pakistan,

Ceylon,

The Federation of Rhodesia and Nyasaland,

Ghana,

The Federation of Malaya,

Any part of Her Majesty's dominions outside the United Kingdom, not mentioned, or included in any country or territory mentioned, above,

Any British protectorate or British protected state, not included in any country or territory mentioned above,

Any territory for the time being administered by the Government of any part of Her Majesty's dominions under the trusteeship system of the United Nations,

South-West Africa,

The Irish Republic,

The United States of America;

Valuables

(b) any consignment of the goods specified in Group 18 of the First Schedule hereto, if before any such consignment of such goods is exported or despatched each package in the consignment is sealed by or on behalf of the Board of Trade and bears or is accompanied by a certificate given by or on behalf of the Board of Trade that the goods in the package have been passed for exportation under this Order, and, where the goods are despatched by post, if they are despatched by or on behalf of the Board of Trade, or, in all other cases, if the certificate is delivered to the proper officer of Customs and Excise;

Coal, Coke and manufactured fuel

(c) coal, coke and manufactured fuel of which coal or coke is the chief constituent if there is in force a certificate issued by or on behalf of the Minister of Power in respect of the exportation of the said goods and the said certificate is duly produced to the proper officer of Customs and Excise at the port of shipment;

Samples

(d) trade samples of any goods, if the samples have no saleable value and they are exported as sample packets in compliance with the provisions of the Post Office Acts, and of the Customs Acts, and of any Treasury Warrant or Post Office Regulations for the time being in force, and of any rules or regulations (other than the prohibition or restriction of exportation imposed by this Order) respecting the transmission of articles by post which may for the time being be in force, whether in the United Kingdom or in the countries or places to which such goods may be addressed;

Aircraft

(e) (i) any aircraft registered outside the United Kingdom which is being re-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 as defined in Section 24 (2) of the Air Corporations Act, 1949(a);

Firearms and ammunition

(f) firearms and ammunition, other than the goods of a description included in Group 18 of the First Schedule hereto, authorised to be held in Great Britain or Northern Ireland by a valid firearm certificate issued under Section 1 (1) of the Firearms Act, 1920(b), or under Section 2 of the Firearms Act, 1937(c), if the firearm certificate is produced by the holder with the firearms and ammunition to the proper officer of Customs and Excise at the port of departure;

Channel Islands

(g) any goods, other than goods of a description included in Group 17 of the First Schedule hereto, to any port or destination in the Channel Islands;

Diamonds

(h) diamonds, unmounted (being cut and polished gems), exported—

(i) by registered letter post, insured box post or air freight, to any destination; or

(ii) by insured parcel post to any destination in any territory which is for the time being one of the scheduled territories as defined in the Exchange Control Act, 1947(d);

(j) diamonds, unmounted (other than cut and polished gems), and diamond powder, exported—

(i) by registered letter post, insured box post or air freight, to any destination in any of the countries or territories specified in paragraph (a) of this Article; or

(ii) by insured parcel post to any destination in any territory which is for the time being one of the scheduled territories as defined in the Exchange Control Act, 1947, and is also one of the countries or territories specified in paragraph (a) of this Article;

Gold

(k) gold coin and gold bullion in respect of the exportation of which a special permission has been granted for the purposes of subsection (1) of Section 22 and Section 37 of the Exchange Control Act 1947;

Strategic Goods

(l) any goods if there is in force a licence granted by the Board of Trade under the Control of Goods (Import Certificates) Order, 1951(e), in respect of the exportation of the said goods and the said licence is duly produced to the proper officer of Customs and Excise at the port of shipment, or, if the goods are exported by post, to an officer of the Post Office at which they are posted;

(a) 12, 13 & 14 Geo. 6. c. 91.

(b) 10 & 11 Geo. 5. c. 43.

(c) 1 Edw. 8 & 1 Geo. 6. c. 12.

(d) 10 & 11 Geo. 6. c. 14.

(e) S.I. 1951/1016 (1951 III, p. 548).

Live Cattle

(m) (i) live cattle to any port or destination other than a port or destination on the Continent of Europe;

(ii) any animal in respect of which there is duly 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 Cattle Protection Order, 1957(a);

(iii) live cattle from Northern Ireland.

Gifts

5.—(1) Nothing in Article 1 of this Order shall be taken to prohibit the exportation of any goods to which this Article applies where those goods are exported by parcel post as a bona fide individual gift and in accordance with the provisions of this Article.

(2) This Article applies to any goods of a description included in the First Schedule hereto other than the following:—

firearms and ammunition;

scientific instruments and apparatus, the following:—

electrometer valves;

electroscopes and electrometers;

equipment for health monitoring against radiation hazards;

Geiger-Müller counter tubes;

ionisation chambers;

preamplifiers;

proportional counters;

quenching units for Geiger-Müller counters;

resistors of resistance not less than 1,000 megohms;

scintillation counter phosphors, the following:—

single crystals and scintillation phosphors of the kinds used in radiation detection instruments, of volume greater than 1 cubic inch (16 cubic centimetres);

valves, with bellows seal, wholly made of, or lined with, aluminium, nickel or alloy containing by weight 60 per cent. or more of nickel.

(3) For the purpose of this Article goods shall be deemed not to be exported as a bona fide individual gift unless those goods are the bona fide gift on his own behalf of an individual, whose name appears on the outside of the parcel as that of the sender (hereinafter called "the donor") to the individual to whom the parcel is addressed (hereinafter called "the recipient") for the benefit of the recipient absolutely, and "individual" shall not include a body corporate or unincorporate or more than one natural person.

(4) Nothing in this Article shall authorise the exportation as an individual gift of—

(a) any parcel containing goods to which this Article applies if the total value of all the goods in that parcel exceeds £25;

(b) more than one parcel containing goods to which this Article applies by any one donor to the same recipient in any calendar month;

(c) any parcel containing any goods which are not a bona fide individual gift; or

(d) any parcel unless any declaration required to be made in relation thereto contains a full and accurate description by the donor of all the goods contained therein and states that all those goods constitute an unsolicited gift.

(a) S.I. 1957/170 (1957 I, p. 152).

(5) Nothing in this Article shall be construed as exempting any goods so transmitted from any provision of the Post Office Acts, or of the Customs Acts or of any Treasury Warrant or Post Office Regulations for the time being in force, or from any rules or regulations (other than the prohibition or restriction of exportation imposed by this Order) respecting the transmission of articles by post which may for the time being be in force, whether in the United Kingdom or in the countries or places to which such goods may be addressed.

6. Any exporter or shipper of goods which have been exported from the United Kingdom being either—

(a) goods which were exported under licence, certificate, authority or permission granted or issued for the purposes of this Order, or

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