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Re-Export Controls Bill [HL]


Re-Export Controls Bill [HL]

1

 

A

Bill

To

Make provision for the regulation of the re-export of military equipment and

goods further to their original exportation from the United Kingdom. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Re-export controls

(1)   

The Export Control Act 2002 is amended as follows.

(2)   

After section 1 insert—

“1A     

Re-export controls

(1)   

The Secretary of State shall by order make provision for or in

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connection with the imposition of re-export controls in relation to

goods of any description.

(2)   

For this purpose “re-export controls” means the prohibition or

regulation of the further exportation, subsequent to the original

exportation of those goods from the United Kingdom, of any goods

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subject to export controls.

(3)   

An order under subsection (1) must, in particular, specify—

(a)   

that all export licensing documentation should include a

requirement that the exported goods may not be re-exported

without express written permission from the licensing

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authority; and

(b)   

that permission for the re-exportation of goods cannot be given

unless full details are provided about the future destination,

end-user and end-use of the goods.

(4)   

Goods may be described in the order wholly or partly by reference to

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the uses to which the goods, or any information recorded on or derived

from them, may be put.

(5)   

The power to impose re-export controls is subject to section 5.

 

Bill 138                                                                                                

55/1

 
 

Re-Export Controls Bill [HL]

2

 

(6)   

The Secretary of State may by order make provision in connection with

any controls that may be imposed by a directly applicable Community

provision on the re-exportation of goods.

(7)   

For the avoidance of doubt, re-export controls may apply in relation to

the removal from the original export destination from the United

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Kingdom of vehicles, vessels and aircraft (as an exportation of goods),

whether or not they are moving under their own power or carrying

goods or passengers.”

(3)   

In section 5(1), after “export controls” insert “, re-export controls”.

(4)   

After section 5(4) insert—

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“(4A)   

Re-export controls may be imposed in relation to any description of

goods within one or more of the categories specified in the Schedule for

such controls.”

(5)   

In section 11, in the definition of “control order”, after “1(1)” insert “, 1A(1)”.

(6)   

In section 11, after the definition of “place” insert—

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““re-export controls” has the meaning given in section 1A(2)”.

(7)   

In section 13(5) after “1” insert “, 1A”.

(8)   

In paragraph 1(1) of the Schedule, after “Export controls” insert “, re-export

controls”.

(9)   

In paragraph 2(1) of the Schedule, after “Export controls” insert “and re-export

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controls”.

2       

Short title, etc.

(1)   

An order under section 1A(1) of the Export Control Act 2002, as inserted by this

Act, must come into force no later than two years after the day on which this

Act is passed.

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(2)   

This Act may be cited as the Re-Export Controls Act 2011.

 
 

 

 
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Revised 28 January 2011