Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003

Aircraft, Vessels, Firearms and ammunition and Goods in TransitU.K.

11.—(1) Nothing in article 4 shall be taken to prohibit the exportation of any aircraft the immediately preceding importation of which was on a scheduled journey and which is intended for further scheduled journeys.

(2) Nothing in article 3 shall be taken to prohibit the exportation of any aircraft which is being exported (except to a destination in [F1Iran] or to a country or destination specified in Schedule 3 to this Order) after temporary importation into the United Kingdom provided there has been no change of ownership or registration since such importation and that no goods of a description specified in Schedule 1 to this Order have been incorporated into the aircraft since such importation other than by way of replacement for a component essential for the departure of the aircraft.

(3) Nothing in article 4 shall be taken to prohibit the exportation of any aircraft on a scheduled journey.

(4) Nothing in article 3 or 4 shall be taken to prohibit the exportation of any aircraft which is departing temporarily from the United Kingdom on trials.

(5) Nothing in article 3 or 4 shall be taken to prohibit the exportation of any vessel which is departing temporarily from the United Kingdom on trials.

(6) Nothing in article 3 shall be taken to prohibit the exportation of any vessel registered or constructed outside the United Kingdom which is being exported (except to a destination in [F2Iran] or to a country or destination specified in Schedule 3 to this Order) after temporary importation into the United Kingdom provided that no goods of a description specified in Schedule 1 to this Order have been incorporated into the vessel since such importation other than by way of replacement for a component essential for the departure of the vessel.

(7) Nothing in article 4 shall be taken to prohibit the exportation of any vessel proceeding on a normal commercial journey.

(8) Nothing in article 3 shall be taken to prohibit the exportation of any firearm falling within category B, C or D of Annex I to Council Directive 91/477/EEC M1, related ammunition and sight using non-electronic image enhancement for use therewith to any destination in a Member State if—

(a)the firearm, ammunition and sight using non-electronic image enhancement form part of the personal effects of a person who is in possession of—

(i)a European firearms pass which has been issued to him under section 32A of the Firearms Act 1968 M2; or

(ii)a document which has been issued to him under the provisions of the law of a Member State corresponding to the provisions of that section,

which, in either case, relates to the firearm in question; and

(b)either the said pass or document issued to him contains authorisation for the possession of the said firearm from the Member State of destination and any other Member State through which the holder intends that the firearm will pass on its way to that destination, or the holder of the firearm on request satisfies the proper officer of Customs and Excise at the place of exportation—

(i)that the exportation of the firearm is necessary to enable the holder to participate in one of the activities specified in article 12(2) of that Directive;

(ii)that the firearm falls within the category appropriate to that activity in accordance with that article; and

(iii)that the exportation or passage of the firearm is not to or through a Member State which prohibits or requires an authorisation for the acquisition or possession of the said firearm.

(9) Nothing in article 3 shall be taken to prohibit the exportation of any firearm authorised to be possessed or, as the case may be, purchased or acquired by a valid firearm certificate or shot gun certificate granted under the Firearms Act 1968 or by a visitor’s firearm or shot gun permit granted under section 17 of the Firearms (Amendment) Act 1988 M3 or by a valid firearm certificate granted under the Firearms (Northern Ireland) Order 1981 M4 or granted in the Isle of Man under the Firearms Act 1947 (an Act of Tynwald) M5 as amended by the Firearms Act 1968 (an Act of Tynwald) M6 and the Air Guns and Shot Guns, etc. Act 1968 (an Act of Tynwald) M7, related ammunition and sight using non-electronic image enhancement for use therewith—

(a)to any destination in a Member State by any person or body specified in article 2(2) of that Directive, or by the holder of a firearm certificate granted under the said Act of 1947, or

(b)to any other destination other than a destination in [F3Iran] or to a country or destination specified in Schedule 3 to this Order,

provided that the firearm, related ammunition and sight using non-electronic image enhancement form part of the personal effects of the holder of the certificate and, in a case to which sub-paragraph (b) applies, the certificate is produced by the holder, or his duly authorised agent, with the firearm and ammunition to the proper officer of Customs and Excise at the place of exportation.

(10) Subject to article 5 and paragraph (11) below, [F4nothing in article 3(1) or 3(1A)(a)], 4(1), 4(2)(a), (b), (c)(ii) or (4) shall be taken to prohibit the exportation of any goods which are goods in transit provided that the conditions in paragraph (12) below are met.

(11) Paragraph (10) does not apply to—

(a)anti-personnel landmines;

[F5(b)the following goods;

(i)any goods falling within paragraph d., [F6g., h. or i.] of entry PL5001 in Part 1 of Schedule 1 to this Order;

(ii)any goods falling within entry 1 or 2 in Schedule 1A to this Order; or

(iii)any goods falling within entry 3 in Schedule 1A to this Order where those goods are in transit from one Member State to another Member State[F7, or from a Member State to any of the Channel Islands or from any of the Channel Islands to a Member State].]

(c)components specially designed for goods falling within sub-paragraph (a);

(d)equipment, software or technology falling within entry ML18, ML21 or ML22 in Part I of Schedule 1 to this Order specifically related to goods falling within sub-paragraph (a) or (b);

(e)any goods being exported to a destination in [F8Iran or North Korea]; or

(f)any goods of a description specified in Schedule 1 to this Order being exported to any country or destination specified in Schedule 3 to this Order.

(12) The conditions are that—

(a)the goods 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 waybill and in any event are exported within 30 days of their importation;

(b)the destination of those goods 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 those goods.