Scrutiny of Arms Export Controls (2009): UK Strategic Export Controls Annual Report 2007, Quarterly Reports for 2008, licensing policy and review of export control legislation - Defence Committee Contents


EXPLANATORY NOTE 3: NEW CONTROLS ON TRANSIT AND TRANSHIPMENT

ATTACHMENT 3; ARTICLE 17 AND SCHEDULE 4

  Article 17(2) needs to be read in conjunction with Schedule 4. Article 17(2)(b) removes all Category A goods from the exception, thus ensuring that they always need a licence; Article 17(2) (f) removes all Category B goods from the exception for the specified destinations of concern listed at Part 4 of Schedule 4. This ensures that they need a licence when they are in transit to those destinations. The rest of Article 17(2) replicates existing measures and their country coverage. Article 17(3) retains the conditions that must be met if the exemption is to be used.

This provides a three tier structure for transhipment destinations, based on relative risk. Category A goods require a transhipment licence for any destination; Category B goods require a transhipment licence for all the countries which require a licence for Category C goods, plus an extra list of 47 countries of specific Category B concern; Category C goods (ie all other goods on the Military List) require a licence only for a shorter list of 22 countries, including all those subject to embargo. The destination exclusion list for Category B goods has been compiled, following consultations between government departments, specifically on the basis of countries that cause concern for the goods in question (predominantly Small Arms and Light Weapons), either as a destination or for reasons of potential diversion. The combination of Parts 1 to 4 of Schedule I results in a total list of 69 countries. This mirrors the list of countries that will be excluded as destinations from our new Small Arms OGTCL, which will come into force on 1 October 2008, to coincide with the second tranche of legislation taking legal effect.

ATTACHMENT 3—EXCERPT FROM 1ST DRAFT LEGISLATION—TRANSIT AND TRANSHIPMENT

Transit exception

  17—(8)  Subject to paragraph (2), nothing in [list relevant articles] shall be taken to prohibit the exportation of any goods which are goods in transit provided that the conditions in paragraph (3) are met.

(9)  Paragraph (1) does not apply to—

(a)anti-personnel landmines and components specially designed for them;

(b)goods falling within Part I of Schedule 1;

(c)equipment, software or technology falling within entry ML18, ML21 or ML22 in Schedule 2, specifically related to [anti-personnel landmines] or goods falling within Part 1 of Schedule 1;

(d)goods being exported to a destination in Part 1 of Schedule 4;

(e)military goods being exported to any country or destination specified in Part 2 or 3 of Schedule 4;

(f)goods falling within Part 2 of Schedule 1 being exported to any country or destination specified in Part 4 of Schedule 4.

  (10)  The conditions are that—

(a)the goods in question remain on board a vessel or aircraft for the entire period that they remain in the United Kingdom or are goods on a through bill of lading or through air way bill and in any event are exported within 30 days of their importation;

(b)the destination of the goods in question following exportation from the United Kingdom has been determined in the country from which they were originally exported prior to their original exportation in connection with the transaction which has given rise to transit or transhipment and has not been changed prior to their exportation from the United Kingdom, or the goods are being returned to that country; and

(c)the goods in question were exported from that country in accordance with any laws or regulations relating to the exportation of goods applying therein at the time of exportation of the goods.

SCHEDULE 2

Articles 2 and 17

COUNTRIES AND DESTINATIONS SUBJECT TO STRICTER EXPORT OR TRADE CONTROLS

PART 1

EMBARGOED AND NO EXCEPTION FOR TRANSIT

  Democratic People's Republic of Korea

Iran

PART 2

EMBARGOED AND SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS

  Armenia

Azerbaijan

Burma (Myanmar)

Democratic Republic of the Congo

Ivory Coast

Lebanon

Sudan

Uzbekistan

Zimbabwe

PART 3

SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS

  Afghanistan

Argentina

Burundi

China (People's Republic)

Iraq

Liberia

Rwanda

Sierra Leone

Somalia

Tanzania

Uganda

PART 4

SUBJECT TO TRANSIT CONTROL FOR CATEGORY B GOODS

  Albania

Belarus

Benin

Bosnia/Herzegovina

Burkina Faso

Cape Verde

Central African Republic

Chad

Colombia

Dubai

East Timor

Eritrea

Ethiopia

Gambia

Georgia

Ghana

Guinea

Guinea Bissau

Hong Kong Special Administrative Region

Jamaica

Kenya

Krygyzstan

Libya

Macao Special Administrative Region

Mali

Mauritania

Moldova

Montenegro

Morocco

Nepal

Niger

Nigeria

Oman

Pakistan

Russia

Senegal

Serbia

Sri Lanka

Syria

Taiwan

Tajikistan

Togo

Trinidad & Tobago

Turkmenistan

Ukraine

Venezuela

Yemen


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2009
Prepared 19 August 2009