OpenLegislation

Article 20 Types of authorisations and issuing authorities

United Kingdom

Original text. Later amendments are not shown.

1.

A F1... General Export Authorisation for certain exports as set out in Annex V is established by this Regulation.

The competent authority F2... may prohibit the exporter from using this authorisation, if there is reasonable suspicion about the exporter's ability to comply with the terms of this authorisation or with a provision of the export control legislation.

F3...

2.

An authorisation for exports other than those referred to in paragraph 1 for which an authorisation is required under this Regulation shall be granted by the competent authority F4.... Such authorisation may be an individual or a global authorisation, if it concerns goods listed in Annex III or in Annex IV. An authorisation concerning goods listed in Annex II shall be an individual authorisation.

3.

An authorisation for transit of goods listed in Annex II shall be granted by the competent authority F5... . Such an authorisation shall be an individual authorisation.

4.

An authorisation for imports for which an authorisation is required under this Regulation shall be granted by the competent authority F6.... An authorisation concerning goods listed in Annex II shall be an individual authorisation.

F75.

An authorisation for the supply of technical assistance related to goods listed in Annex 2, 3, or 4 shall be granted by the competent authority.

F86.

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

7.

An authorisation for the supply of brokering services related to goods listed in Annex III or in Annex IV shall be granted by the competent authority F9.... Such an authorisation shall be granted for a set quantity of specific goods moving between two or more third countries. The location of the goods in the originating third country, the end-user and its exact location shall be clearly identified.

8.

Applicants shall supply the competent authority with all relevant information required for their applications for an individual or global authorisation for exports or for brokering services, for an authorisation for technical assistance, for an individual import authorisation or for an individual authorisation for transit.

As regards exports, the competent F10authority shall receive complete information in particular on the end-user, the country of destination and the end-use of the goods.

As regards brokering services the competent authority shall in particular receive details of the location of the goods in the originating third country, a clear description of the goods and the quantity involved, third parties involved in the transaction, the third country of destination, the end-user in that country and its exact location.

The granting of an authorisation may be subject to an end-use statement, if appropriate.

9.

By way of derogation from paragraph 8, where a manufacturer or a manufacturer's representative is to export or to sell and transfer goods included in point 3.2 or 3.3 of Annex III or in Section 1 of Annex IV to a distributor in a third country, the manufacturer shall provide information on the arrangements made and the measures taken to prevent the goods included in point 3.2 or 3.3 of Annex III from being used for torture or other cruel, inhuman or degrading treatment or punishment or to prevent the goods included in Section 1 of Annex IV from being used for capital punishment, on the country of destination and, if available, information on the end-use and the end-users of the goods.

10.

F11At the request of one or more of the bodies comprising the United Kingdom's national preventive mechanism established under the Optional Protocol to the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competent F12authority may decide to make the information they have received from an applicant on the country of destination, the consignee, the end-use and the end-users or, where relevant, the distributor and the arrangements and measures referred to in paragraph 9, available to F13the relevant body or bodies. The competent authority shall hear the applicant before the information is made available and may impose restrictions on the use that can be made of the information. F14...

F1511.

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Annotations

Textual amendments

F1

Word in Art. 20(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(20)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F2

Words in Art. 20(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(20)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F3

Words in Art. 20(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(20)(a)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F4

Words in Art. 20(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(20)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F5

Words in Art. 20(3) 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(20)(c) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F6

Words in Art. 20(4) 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(20)(d) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F7

Art. 20(5) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(e) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F8

Art. 20(6) 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(20)(f) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F9

Words in Art. 20(7) 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(20)(g) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F10

Word in Art. 20(8) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(h) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F11

Words in Art. 20(10) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(i)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F12

Word in Art. 20(10) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(i)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F13

Words in Art. 20(10) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(i)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F14

Words in Art. 20(10) 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(20)(i)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F15

Art. 20(11) 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(20)(j) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)