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
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