Export of Goods, Transfer of Technology
and Provision of Technical Assistance Order
13. This Order introduces export controls into new
areas:
- the electronic transfer abroad from the UK of
military technology; and
- extraterritorial controls on the transfer by
any means of technology related to weapons of mass destruction
(WMD); and on the provision of WMD-related technical assistance.
It also seeks to consolidate and rationalise existing
controls on:
- the export of military goods and technology in
physical form; and
- the physical export and electronic transfer of
dual-use goods and technology.
14. The new provisions under the Order for the electronic
transfer of technology and software will extend export controls
from physical means to a number of other media, including e-mail,
fax, telephone and video-conferencing. Information placed on a
company's intranet, or a restricted-access site on the internet,
would also be covered by the controls, as would documents stored
in the UK which were accessed remotely by an employee overseas.
In all these cases, it is the physical location of the recipient
of the information that will determine whether a licence is required.
The provisions would not cover information in the public domain.
15. The provisions relating to weapons of mass
destruction technology and technical assistance apply not
only to transfers and assistance provided from the UK, but also
to transfers and assistance by any UK person or legal entity anywhere
in the world. It would be illegal under the Order for a person
to communicate technology by any means without first obtaining
a licence if he knows, or has been informed by the Government,
that it is or may be intended for use outside the EU in connection
with the development of WMD or missiles capable of their delivery.
There would be no requirement, however, to make active attempts
to check that a proposed recipient does not intend to use information
in a WMD programme. Similar provisions would apply to supplying
or facilitating WMD-related technical assistance.
Trade in Controlled Goods (Control)
Order
16. This Order will introduce new controls on trade
in military equipment between overseas countries (including 'trafficking'
and 'brokering'). The Order covers not only companies or people
trading between overseas countries on their own behalf, but also
those negotiating contracts and arranging trade and related activities
for a fee. The Order does not, however, control transportation,
financial services, insurance or advertising—except where
extra-territorial controls apply.
17. Extra-territorial controls (on the activities
of United Kingdom persons anywhere in the world) apply to trade
to any destination in:
- long-range missiles (over 300 km) and their component
parts; and
- torture equipment the export of which has already
been banned by the Government (including, for example, electric
shock batons, leg irons and over-sized handcuffs).
18. For trade in other controlled military and paramilitary
equipment, a licence will be required only where any part of the
controlled activity takes place in the UK—except for trade
to embargoed destinations.
[Embargoed Destination] (Sanctions)
Control Order
19. This is an example of an Order to control the
export of military goods to a destination subject to an arms embargo.
The exact content and provisions of the Order will depend upon
the circumstances under which it is introduced. It would cover
the supply and delivery of specified equipment and acts calculated
to promote this, and will apply both to activities by anyone within
the UK and to activities by any UK person or company anywhere
in the world.
