Notice to Exporters 2019/10: Export Control Order 2008 & control list updates
Notice to exporters 2019/10: Export Control Order 2008 amended and control list updated
Published 30 June 2019
The Export Control Joint Unit (ECJU) has amended the Export Control Order 2008.
Changes have been made to:
main order Article 2(1) (interpretation)
article 36 (offences relating to prohibitions and restrictions in the torture regulation)
schedule 2 (military goods, software and technology)
schedule 4 (countries and destinations subject to stricter export or trade controls)
The new order,The Export Control (Amendment) Order 2019 (SI 2019 No.989)comes into force on 30 June 2019. In particular, the order implements Directive (EU) 2019/514, making changes to the list of defence-related products corresponding to changes made to the European Common Military List (CML) that was previously updated following changes agreed in the Wassenaar Arrangement (an international export control regime). See details of wider changes provided below.
The complete list of changes relating to the transposition of Directive (EU) 2019/514 can be found in thetransposition notepublished with the order.
Changes to the main order:
references to Council Regulation (EC) No 1236/2005 have been replaced with references to Regulation (EU) 2019/125, which codifies and replaces that Regulation
amendments to Article 36 and 36A to ensure offences relating to prohibitions and restrictions accurately cross-refer to the relevant provisions in Regulation 2019/125
Changes to schedule 2 (see transposition note for details):
changes to ML1, ML8, ML10, ML13, ML17 and ML20
change to the definition of “required”
Changes to schedule 4:
an amendment to remove Eritrea from the list of countries at Part 2 Schedule 4, which lists countries and destinations embargoed and subject to transit control for military goods
The Export Control (Eritrea and Miscellaneous Amendments) Order 2011 (SI 2011/1296) is revoked to the extent that it made provision for offences to enforce the sanctions measures set out in Council Regulation (EU) No. 667/2010 – this is in line with the lifting of sanctions against Eritrea by the United Nations and the European Union