The Export Control Order 2008 No. 3231

[F1PART 6AU.K.Provisions relating to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement

Textual Amendments

F1Pt. 6A inserted (31.12.2020) by S.I. 2019/137, regs. 1, 4(28B) (as inserted by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 7(9) (as amended by The Export Control (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1510), regs. 1, 2)); 2020 c. 1, Sch. 5 para. 1(1)

Provisions relating to the EU torture RegulationU.K.

Export control in relation to Northern Ireland: leg irons, gang chains, and portable electric shock devicesU.K.

42S.—(1) A person must not, unless the person has a UK licence authorising the act, export from Northern Ireland to the EU customs territory any goods described in—

(a)item 2.1 in Annex II to the EU torture Regulation (electric shock devices worn on the body);

(b)item 2.3 in Annex II to the EU torture Regulation (bar fetters, weighted leg restraints, and gang chains);

(c)item 2.1 in Annex III to the EU torture Regulation (portable electric discharge weapons).

(2) The export of leg irons, gang chains, or portable electric shock devices in contravention of this article is prohibited.

Offence to contravene article 42SU.K.

42T.—(1) Article 34 (offences relating to prohibition in Parts 2, 3, and 4) applies in relation to—

(a)a person who contravenes a prohibition in article 42S as it applies in relation to a person who contravenes a prohibition in Part 2;

(b)a person knowingly concerned in activity prohibited by article 42S as it applies in relation to a person knowingly concerned in activity prohibited by Part 2.

(2) Article 41 (application of CEMA in respect of offences) applies in relation to article 42S as it applies in relation to article 8.

(3) Article 42 (increase of maximum penalty for prohibited exportation provided for in CEMA) applies in the case of an offence committed in connection with a prohibition or restriction on exportation in article 42S as it applies in the case of an offence committed in connection with a prohibition or restriction on exportation in Part 2.

Exception in relation to Northern Ireland: category A and C goodsU.K.

42U. Articles 21 (supplying or delivering category A goods) and 23 (supplying or delivering category C goods) do not apply in relation to a person in Northern Ireland carrying out activities prohibited or restricted by those articles if the goods to which those activities relate are—

(a)Category A goods specified in Annex II to the EU torture Regulation; or

(b)Category C goods specified in Annex III to the EU torture Regulation.]