EXPLANATORY NOTE 1: TRADE CONTROLS
ATTACHMENT 1: ARTICLES 19 TO 24; NEW DRAFTING
APPROACH TO TRADE CONTROLS
We have followed a simplified drafting approach
for the new trade controls, based on the approach currently used
for "Restricted Goods". Rather than list all activities
that constitute trading, the draft sets out, for each Category
of goods, that supplying or delivering, agreeing to supply or
deliver, or doing "any act calculated" to promote supply
or delivery are all controlled, except where exceptions (set out
in the text that follows) apply. There are then exceptions listed
for Category B and C goods, but none for Category A. We hope that
this approach makes the legislation more transparent and user
friendly, but will of course be interested in your feedback on
this new structure.
ATTACHMENT 1: SCHEDULE 1: DEFINITION OF LIGHT WEAPONS
WITHIN CATEGORY B; RE-CLASSIFICATION OF LONG RANGE MISSILES
This attachment lists the goods covered by Categories
A and B. Category A retains the drafting of the Trade in Goods
(Categories of Controlled Goods) Order 2008, except that long
range missiles have been moved to Category B.
Category B has been expanded to cover both small
arms and light weapon by cross referring to the relevant Military
List entries.
Articles 11(c) (i) to (ii) and 13 (a) to (b)
operate on the basis of a two stage test to determine whether
a weapon is a light weapon. The first test asks traders to determine
how many people the weapon was designed to be operated or fired
by; the second, whether it is standalone. This reflects our discussions
with industry, which indicated that there was no effective way
to define light weapons solely by reference to the number of people
operating them, but that another important factor was whether
or not the weapon in question was designed for incorporation into
a weapons platform. The weapon will only meet the light weapons
definition if it is designed for operation by three or less people,
and is not designed to be incorporated into a weapons platform.
What is important is the number of people needed to operate the
weapon itself, not the platform: we should not for example, be
seeking to control weapons designed for a fighter aircraft simply
because that aircraft only needs a crew of three to fly it.
ATTACHMENT 1: EXCERPT OF 1ST DRAFT OF LEGISLATION
ON TRADE CONTROLS PART 1 TRADE CONTROLS
PART 1
TRADE CONTROLS
Embargoed destinations
19—(1) This article applies to—
(a) persons carrying out activities in the United
Kingdom; and
(b) United Kingdom persons.
(2) Subject to articles [24] and [251*,
no person to whom this article applies shall directly or indirectly—
(a) supply or deliver;
(b) agree to supply or deliver; or
(c) do any act calculated to promote the supply or
delivery of any goods subject to trade controls [to any person
or place in an embargoed destination].
Category A goods
20—(1) This article applies to—
(a) persons carrying out activities in the United
Kingdom; and
(b) United Kingdom persons.
(2) Subject to articles [23, 24] and [25],
no person to whom this article applies shall directly or indirectly—
(a) supply or deliver;
(b) agree to supply or deliver; or
(c) do any act calculated to promote the supply or
delivery of any category A goods, where that person knows or has
reason to believe that such action or actions will, or may, result
in the removal of those goods from one third country to another
third country.
Category B goods
21—(1) This article applies to—
(a)persons carrying out activities in the United
Kingdom; and
(b)United Kingdom persons.
(2) Subject to paragraphs (3), (4) and (7)
and to articles [24] and [25], no person to whom this article
applies shall directly or indirectly—
(a)supply or deliver;
(b)agree to supply or deliver; or
(c)do any act calculated to promote the supply or
delivery of any category B goods, where that person knows or has
reason to believe that such action or actions will, or may, result
in the removal of those goods from one third country to another
third country.
(3) Nothing in this article shall be taken
to prohibit the provision of—
(a)financing or financial services;
(b)insurance or reinsurance services; or
(c)general advertising or promotion services by a
person whose only involvement in the activities described in paragraph
(2) is to provide or agree to provide such services.
(4) A person ("the transporter")
whose only involvement in the activities described in paragraph
(2) is to provide or agree to provide transportation services
in relation to category B goods ("the relevant goods")
only contravenes the prohibition in this article if paragraph
(5) or (6) applies.
(5) This paragraph applies if the transporter
arranges, otherwise than in the course of employment, the removal
of the relevant goods from one third country to another third
country.
(6) This paragraph applies if the transporter
otherwise than—
(a)in the course of providing services to another
person—
(i)to whom this article applies; and
(ii)who has agreed to provide transportation services
in relation to the relevant goods; or
(b)in the course of employment removes or agrees
to remove the relevant goods from one third country to another
third country.
(7) Nothing in this article shall be taken
to prohibit any contract promotion activity that is carried out—
(a)otherwise than for payment; or
(b)in the course of employment.
Category C goods
22—(1) Subject to paragraphs (2) and
(3) and to articles [23, 24] and [25], no person shall directly
or indirectly—(a)agree to supply or deliver; or
(b)do any act calculated to promote the supply or
delivery of any category C goods, where that person knows or has
reason to believe that such action or actions will, or may, result
in the removal of those goods from one third country to another
third country.
(2) Nothing in this article shall be taken
to prohibit the provision of—
(a)transportation services;
(b)financing or financial services;
(c)insurance or reinsurance services; or
(d)general advertising or promotion services by a
person whose only involvement in the activities described in paragraph
(1) is to provide or agree to provide such services.
(3) Nothing in this article shall be taken
to prohibit any contract promotion activity that is carried out—
(a)otherwise than for payment; or
(b)in the course of employment.
Exception for goods controlled by the torture Regulation
23 Nothing in article [20] or [22] shall
be taken to prohibit activities related to the movement of the
following goods within the customs territory—(a)[list of
goods controlled in torture Regulation.]
Exception for activities carried out in the Isle
of Man
24 Nothing in this Part shall be taken to
prohibit activities carried out in the Isle of Man.
* Article 25 is not reproduced here, but deals
with licensing
LISTINGS OF GOODS COVERED BY CATEGORIES A AND B OF
THE TRADE CONTROLS
SCHEDULE 1
Article 2
GOODS SUBJECT TO STRICTER TRADE CONTROLSNote; In
this Schedule, defined terms are printed in quotation marks.
Definitions
In this Schedule:
"cluster munitions" means conventional
munitions designed to disperse or release "explosive submunitions";
"explosive bomblets" means conventional
munitions, weighing less than 20 kilograms each, which are not
self propelled and which, in order to perform their task, are
specially designed to be dispersed or released by a dispenser
affixed to an aircraft, and are designed to function by detonating
an explosive charge prior to, on or after impact;
"explosive submunitions" means conventional
munitions, weighing less than 20 kilograms each, which in order
to perform their task are dispersed or released by another conventional
munition and are designed to function by detonating an explosive
charge prior to, on or after impact;
"ordinary handcuffs" means handcuffs
which have an overall dimension including chain, measured from
the outer edge of one cuff to the outer edge of the other cuff,
between 150 and 240mm when locked and have not been modified to
cause physical pain or suffering;
"production" has the same meaning as
in Schedule 2 [ie, the definition in the current Orders];
"a self-deactivating feature" is one
which automatically renders a munition inoperable by means of
the irreversible exhaustion of a component (eg a battery) that
is essential to the operation of the munition;
"a self-destruction mechanism" is an
incorporated, automatically-functioning mechanism which is in
addition to the primary initiating mechanism of a munition and
which secures the destruction of the munition into which it is
incorporated.
PART 1
CATEGORY A GOODSCertain Security and Para-Military
Police Equipment
1. Goods designed for the execution of human
beings, as follows—
(a)Gallows and guillotines;
(b)Electric chairs;
(c)Air-tight vaults made of eg steel and glass, designed
for the purpose of execution of human beings by the administration
of lethal gas or substance;
(d)Automatic drug injection systems designed for
the purpose of execution of human beings by the administration
of a lethal chemical substance.
2. Restraints specially designed for restraining
human beings, as follows—
(a)Leg-irons, gangchains, shackles and individual
cuffs or shackle bracelets except those that are "ordinary
handcuffs";
(b)Restraint chairs unless designed for disabled
persons;
(c)Shackle boards;
(d)Thumb-cuffs and thumb-screws, including serrated
thumb-cuffs;
(e)Electric shock belts.
3. Portable devices designed or modified
for the purpose of riot control or self-protection by the administration
of an electric shock (eg, electric-shock batons, electric-shock
shields, stun-guns and electric-shock dart-guns).
4. Components specially designed or modified
for the devices in paragraph 3.
5. Hand-held, spiked batons.
Cluster munitions, explosive submunitions and explosive
bomblets
6. "Cluster munitions" other than
those munitions described at paragraph 10.
7. "Explosive submunitions" other
than those submunitions described at paragraph 10.
8. "Explosive bomblets".
9. Components specially designed for "cluster
munitions", "explosive submunitions" or "explosive
bomblets".
10. Paragraphs 6 and 7 do not include the
following conventional munitions:
(a)a munition or submunition designed to dispense
flares, smoke, pyrotechnics or chaff; or a munition designed exclusively
for an air defence role;
(b)a munition or submunition designed to produce
electrical or electronic effects;
(c)a munition that has all of the following characteristics:
(i)each munition contains fewer than ten "explosive
submunitions";
(ii)each "explosive submunition" weighs
more than four kilograms;
(iii)each "explosive submunition" is designed
to detect and engage a single target object;
(iv)each "explosive submunition" is equipped
with an electronic "self-destruction mechanism";
(v)each "explosive submunition" is equipped
with an electronic "self-deactivating feature".
PART 2
CATEGORY B GOODS
Small arms and light weapons within ML1 and ML2
11. "Goods" specified in entry
MLI or ML2 in Schedule 2 other than—
(a)["goods" specified in entry ML2.b. in
that Schedule];
(b)mortars with a calibre of 100mm or more;
(c)weapons that are—
(i)designed to be operated or fired by a crew consisting
of more than three individuals;
(ii)designed to be incorporated in an "aircraft",
"vehicle" or "vessel";
(d)accessories for the "goods" specified
in sub-paragraphs (a) to (c).
Ammunition for small arms and light weapons within
ML1 and ML2
12. Ammunition for weapons falling within
paragraph 11.
Light weapons within ML4
13. Equipment specified in entry ML4.b.
in Schedule 2 that is specially designed for [firing or launching]
rockets, grenades, missiles or other explosive devices but is
not—(a)designed to be operated or fired by a crew consisting
of more than three individuals;
(b)designed to be incorporated in an "aircraft",
"vehicle" or "vessel".
Ammunition for light weapons within ML4
14. Rockets, grenades, missiles and other
explosive devices that are—(a)specified in entry ML4 in
Schedule 2; and
(b)capable of being fired or launched from equipment
falling within paragraph 13.
Hand grenades
15. Grenades specified in entry ML4 in Schedule
2 that are designed to be thrown.
MANPADS, missiles for them, associated equipment
and their specially designed components.
16. To the extent they do not fall within
paragraph 13 or 14, the following "goods"—
(a)man-portable air defence systems (MANPADS), as
follows:
(i)surface-to-air missile systems designed to be
man-portable and operated and fired by a single individual;
(ii)surface-to-air missile systems designed to be
operated and fired by more than one individual acting as a crew
and portable by several individuals;
(b)missiles for MANPADS;
(c)"production" equipment specially designed
for MANPADS;
(d)field test equipment specially designed for MANPADS;
(e)specialised training equipment and simulators
for MANPADS.
Long-range missiles
17. Missiles capable of a range of 300km
or more that fall within Schedule 2. Components for "goods"
within this Part.
18. Components specially designed for "goods"
falling within any of paragraphs 11 to 17.
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