Supplementary memorandum from the Department
for Business, Enterprise and Regulatory Reform
As you are aware from our initial response to
the public consultation on the 2007 review of export controls,
(published on 6 February 2008; see http://www.berr.gov.uk/files/file44407.doc),
the Government has committed to making change to the legislation
in a number of key areas, including the extension of extra territorial
trade controls to small arms, Man Portable Air Defence Systems
(MANPADs), and cluster munitions of heightened concern.
Prior to these changes coming into force in
October 2008, the Government will lay the Amending Order before
Parliament and issue guidance to help industry prepare adequately
and put appropriate processes or procedures in place. As we are
required to issue this guidance at least 12 weeks before the changes
to the legislation come into effect, we intend to lay the Order
and issue the guidance simultaneously in early July.
We had previously promised to give the Committee
the opportunity to see this legislation when it was in draft and
repeated this commitment when the BERR Minister, Malcolm Wicks
MP, recently gave evidence. I am therefore now attaching the draft
legislation and accompanying draft guidance to cover these changes.
There are a few points that the Committee might
bear in mind as it begins its examination. Firstly, in order to
make this process easier for you, we have attached both the draft
amending order (unformatted) and an unofficial copy of what the
current Trade in Goods (Control) Order 2003 would look like taking
on board these amendments. The latter document is of course, unofficial
and for illustrative purposes only. As only one definition is
being amended in the Trade in Controlled Goods (Embargoed Destinations)
Order 2004 we feel it is not necessary to prepare an unofficial
amended version. At present we are amending existing legislation
only, but we aim to consolidate the various Orders as part of
the third tranche of legislative change, coming into effect on
6 April 2009.
Secondly; cluster munitions. We have just heard
yesterday that there have been significant developments in international
negotiations. ECO does not have an active role in those negotiations,
but we remain committed—as we always have been—to
apply the most stringent controls to those cluster munitions that
are agreed to be unacceptable. However, as I write, we do not
have sufficient clarity about precisely what has been agreed over
what timescale, and where the borderlines should be drawn, to
enable lawyers to agree a sound definition. Therefore at present,
both the draft legislation and the guidance reflect our commitment
to apply more stringent controls to cluster munitions, but leave
square brackets for a definition of those munitions to be controlled.
We aim, during the course of June, to resolve this matter and
will of course advise you further when we have done so.
Thirdly, it is important to note that this legislation
is the second of three tranches and so will be superceded by the
third tranche which will consolidate the earlier changes. Further
work is currently being carried out with regard to other issues
that remain unresolved and we will make our position clear on
these issues in the next government response. We know already
that a further change—to extend extra-territorial trade
controls to light weapons—will come into effect in 2009,
and it is possible that other changes may also be announced. These
would also come into effect at that time. It would therefore be
most helpful if, at this stage, your comments focused on the initial
changes only.
I do apologise for the relatively short time
that we can allow the Committee. However, there are two common
commencement dates for legislation to come into force. If this
legislation is to come into effect on the next available date
of 1 October 2008; and if we are to lay it and issue the accompanying
guidance 12 weeks prior to that time, we do need your response
by 13 June 2008 to allow some time for any adjustments to be made.
The timetable outlined above will not allow us to consider views
received after that date, but we will try to give the Committee
significantly more time when we run the third tranche of legislation
past you later in the year.
We very much appreciate your assistance in this
matter.
May 2008
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