Explanatory note

These Regulations amend the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”), assimilated Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast) (EUR 2009/428) (“the assimilated Dual-Use Regulation”) and assimilated Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (codification) (EUR 2019/125) (“the assimilated Torture Goods Regulation”).

Part 2 of these Regulations amends the 2008 Order. Regulation 3 amends the provisions in Schedule 2 to the 2008 Order relating to military goods, software and technology. The amendments reflect updates to controls on the exports of conventional weapons agreed through the multilateral export control regime known as the Wassenaar Arrangements and corrects typographical errors made by S.I. 2025/532. Regulation 4 removes items from the list of UK controlled dual-use goods, software and technology set out in Schedule 3 to the 2008 Order, to remove duplication of controls in Great Britain in the assimilated Dual-Use Regulation further to the amendments made by Part 3 of these Regulations, and in Northern Ireland further to controls introduced by the EU. Regulation 5 moves Azerbaijan and Armenia from the list of countries and destinations embargoed and subject to transit control for military goods, to the list of destinations subject to transit control for Category B goods in Schedule 4 to the 2008 Order, to reflect the lifting of the UK arms embargo on these countries.

Part 3 amends Annex I to the assimilated Dual-Use Regulation, which lists dual-use goods, software and technology subject to export controls. Regulations 7 to 10 amend the dual-use list, in line with UK’s commitment with like-minded international partners. Regulation 11 corrects a typographical error made by S.I. 2025/532. Regulations 12 and 13 amend the dual-use list in line with the UK’s commitments as a member of the multilateral export control regimes, the Missile Technology Control Regime and the Wassenaar Arrangements.

Part 4 amends Annexes II and III to the assimilated Torture Goods Regulation, which lists certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, which are subject to export controls. These amendments broadly align with similar changes made by the EU to Regulation (EU) 2019/125 (OJ L 030 31.1.2019, p.1).

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.