The Export of Goods (Control) (Amendment No. 3) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order further amends the Export of Goods (Control) Order 1994 by:

(a)requiring all licences made by the Secretary of State under the Order to be made in writing;

(b)removing an ambiguity with respect to burden of proof in the exception to the offence of exporting goods in violation of a condition in the licence, namely that it is for the prosecution to establish whether or not the licence has been modified without the consent of the licensee and whether or not any modification made was material to the offence that is charged and that it is for the defendant to prove that the export happened before the modification took effect;

(c)deleting the former Yugoslav Republic of Macedonia from the list of countries in Group 3 in Part I of Schedule 1 to which certain road vehicles may not be exported without a licence;

(d)making the following principal amendments to Part III of Schedule 1 (the “military list”):

(i)in entry ML5, test and alignment equipment are added to the equipment under control,

(ii)in entry ML5c, countermeasure equipment for items specified in either entry ML5a or ML5b are now controlled,

(iii)in entry ML5, a new head, ML5d, is added which controls field test and alignment equipment, specially designed for items specified in either entry ML5a or ML5b,

(iv)in entry ML7 and ML7a, the headings are amended to make them consistent with the items controlled and a minor printing error in heading ML7a is corrected,

(v)in entry ML19, a new head ML19f is added which controls continuous wave or pulsed “laser” systems specially designed to cause permanent blindness to unenhanced vision i.e. to the naked eye or to the eye with corrective eyesight devices, and

(vi)chlorine trifluoride is removed from the control in entry ML8a.5.