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Article 11 Export authorisation requirement

United Kingdom

Original text. Later amendments are not shown.

1.

For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the F1... territory of the F2United Kingdom, namely those which are not assigned a customs approved treatment or use other than the F3... transit procedure F4within the meaning given by paragraph 5 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018, including storage of F5... goods in a free zone.

Annex III shall only comprise the following goods that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment:

(a)

goods which are primarily used for law enforcement purposes;

(b)

goods which, taking into account their design and technical features, present a material risk of use for torture or other cruel, inhuman or degrading treatment or punishment.

Annex III shall not include:

(a)

firearms controlled by Regulation (EU) No 258/2012;

(b)

dual-use items controlled by Regulation (EC) No 428/2009;

F6(c)

goods listed in Schedule 2 to the Export Control Order 2008 .

F72.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

Paragraph 1 shall not apply to exports to third countries, provided that the goods are used by military or civil personnel of F8the United Kingdom, if such personnel is taking part in F9a UN peace keeping or crisis management operation in the third country concerned or in an operation based on agreements F10between the United Kingdom and third countries in the field of defence. Customs and other relevant authorities shall have the right to verify whether this condition is met. Pending such verification, the export shall not take place.

Annotations

Textual amendments

F1

Word in Art. 11(1) omitted (31.12.2020) by virtue of The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F2

Words in Art. 11(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F3

Word in Art. 11(1) omitted (31.12.2020) by virtue of The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F4

Words in Art. 11(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F5

Word in Art. 11(1) omitted (31.12.2020) by virtue of The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(v) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F6

Art. 11(1)(c) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(vi) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F7

Art. 11(2) omitted (31.12.2020) by virtue of The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F8

Words in Art. 11(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(c)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F9

Word in Art. 11(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(c)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F10

Words in Art. 11(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(c)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)