Export of Goods (Control) Order 1970
| Jurisdiction | UK Non-devolved |
| Citation | SI 1970/1288 |
| Year | 1970 |
1970 No. 1288
CUSTOMS AND EXCISE
The Export of Goods (Control) Order 19701stSeptember 1970
28thSeptember 1970
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), hereby order as follows:—
Citation and commencement
1. This Order may be cited as the Export of Goods (Control) Order 1970 and shall come into operation on 28th September 1970.
Revocation etc.
2. The Arms Export Prohibition Orders 1931–37(b) are hereby suspended and the Orders specified in Schedule 2 hereto are hereby revoked:
Provided that any licence or permission granted or having effect under any Order hereby revoked and in force immediately before the commencement of this Order shall have effect in like manner as if it had been granted under the corresponding provisions of this Order.
Interpretation
3.—(1) In this Order—
"cattle" means bulls, cows, oxen, heifers and calves;
"Commonwealth" means the Commonwealth preference area as defined in section 2 of the Import Duties Act 1958(c) but excluding Burma, the Republic of Ireland, the Republic of South Africa and Southern Rhodesia;
"goods", unless otherwise specified, means both used and unused goods;
"sheep" includes rams, ewes and lambs;
"summary conviction" means, in the application of this Order to Northern Ireland, conviction subject to and in accordance with the Petty Sessions (Ireland) Act 1851(d) and any Act amending that Act whether past or future;
"swine" includes pigs of all ages and either sex;
"United Kingdom" includes the Isle of Man;
(a) 1939 c. 69.
(b) S. R. & O. 1931/413, 1937/525 (Rev. V, pp. 499, 501: 1931, p. 252; 1937, p. 612).
(c) 6 & 7 Eliz. 2 c. 6.
(d) 1851 c. 93.
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 other terms which are defined in Schedule 1 hereto have, when used in the context mentioned in the definition, the meaning so ascribed to them; and
metric units of measurement appearing in Schedule 1 in parenthesis after imperial units of measurement are approximate only, and for the purposes of this Order the imperial units of measurement shall prevail.
(2) The Interpretation Act 1889(a) shall apply to the interpretation of this Order as it applies to 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.
Prohibitions and restrictions on exportation
4. Subject to the provisions of this Order—
(i) goods of a description included in Schedule 1 hereto and therein indicated by the letter A are prohibited to be exported from the United Kingdom or shipped as ships' stores;
(ii) goods of a description included in the said Schedule but not therein indicated by the letter A are prohibited to be exported from the United Kingdom to any port or destination other than a port or destination in the Commonwealth, the Republic of Ireland, the Republic of South Africa or the United States of America, or to be shipped as ships' stores; and
(iii) goods of any other description are prohibited to be exported from the United Kingdom to any destination in Southern Rhodesia.
Exceptions
5.—(1) Subject to paragraph (2) of this Article, nothing in Article 4 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 Board of Trade, 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;
Samples
(b) trade samples of any goods, except goods of a description included in Group 1 of Schedule 1 hereto, if the samples have no saleable value;
Aircraft
(c)(i) any aircraft registered outside the United Kingdom which is being re-exported after temporary importation into the United Kingdom,
(a) 1889 c. 63.
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);
Hovercraft
(d) hovercraft, that is to say, any vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle, being a vehicle engaged on a scheduled journey as defined in section 24(2) of the Air Corporations Act 1949;
Firearms and Ammunition
(e) firearms and ammunition, not being goods of a description included in Group 9 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(b) or by a valid firearm certificate granted in Northern Ireland under section 1 of the Firearms Act 1920(c) and forming part of the personal effects of the holder, if the certificate is produced by the holder with the firearms and ammunition to the proper officer of Customs and Excise at the port of exportation;
Channel Islands
(f) any goods other than—
(i) goods of a description included in Group 1 of Schedule 1 hereto; and
(ii) goods falling within the description of articles manufactured or produced more than 100 years before the date of exportation which is set out in Group 9 of the said Schedule,
to any port or destination in the Channel Islands;
Diamonds
(g) diamonds, unmounted, 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);
Diamond Jewellery
(h) articles mounted or set with diamonds, being personal jewellery owned by and in the baggage of or worn or carried by a person leaving the United Kingdom, but not including any article made more than 100 years before the date of exportation;
Strategic Goods
(i) any goods the re-exportation of which is authorised by a licence granted by the Board of Trade under the Control of Goods (Import Certificates) Order 1951(e) if the said licence is duly produced to the proper officer
(a) 1949 c. 91.
(b) 1968 c. 27.
(c) 1920 c. 43.
(d) 1947 c. 14.
(e) S. I. 1951/1016 (1951 III, p. 548).
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;
Live Cattle, Sheep and Swine
(j)(i) 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 Animals Protection Order 1964(a);
(ii) live cattle, sheep and swine from Northern Ireland to the Republic of Ireland;
Gifts
(k) any goods of a description included in Group 9 of Schedule 1 hereto or eggs, in shell, of domestic poultry, which are contained in a parcel:
provided that—
(i) the parcel is exported by parcel post;
(ii) the goods are the bona fide gift of an individual, who is named and described on the outside of the parcel as the sender (hereinafter called the "donor"), to an individual to whom the parcel is addressed for the benefit of that individual absolutely;
(iii) the value of all the goods in the parcel does not exceed £25;
(iv) the parcel does not contain any goods which are not a bona fide individual gift;
(v) any declaration required to be made in relation to the parcel contains a full and accurate description by the donor of all the goods contained therein and states that all those goods constitute unsolicited gifts.
In this paragraph "individual" does not include a body corporate or unin-corporate or more than one natural person;
Pork
(l) pork to any port or destination in the Republic of Ireland.
(2) Nothing in paragraph (1) of this Article shall be taken to permit the exporation 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(b) as from time to time amended.
Customs powers to demand evidence of destination which goods reach
6. Any exporter or any shipper of goods which have been exported from the United Kingdom shall, if so required by the Commissioners of Customs and Excise, 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;
(a) S. I. 1964/704 (1964 II, p. 1352).
(b) S. I. 1968/1020 (1968 II, p. 2683).
and, if he fails to do so, he shall incur a Customs penalty of five hundred 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.
7. If for the purpose of obtaining any licence or permission 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 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 hundred pounds, or to imprisonment for a term not exceeding six months, or to both; and any licence or...
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