Explanatory note

These Regulations amend the Export Control Order 2008 (S.I. 2008/3231, as amended by S.I. 2017/85, S.I. 2017/697, S.I. 2018/165, S.I. 2018/939, S.I. 2019/137, S.I. 2019/989, S.I. 2019/1159, S.I. 2021/586 and S.I. 2022/1042) (“the 2008 Order”) and 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, amended by S.I. 2019/771, as amended by S.I. 2019/806 and S.I. 2022/410) (“the retained Dual-Use Regulation”).

Regulation 3 amends Schedule 2 to the 2008 Order, which lists military goods, software and technology subject to export controls. The content of that list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement. Amendments to the Wassenaar Arrangement munitions list were most recently agreed in December 2022. The amendments to Schedule 2 reflect those changes. Regulation 4 makes a minor typographical amendment to Schedule 3 to the 2008 Order, which lists dual-use goods, software and technology subject to export controls.

Regulation 5 amends Annex I to the retained Dual-Use Regulation, which also lists dual-use goods, software and technology subject to export controls. These changes reflect amendments to the Wassenaar Arrangement dual-use list as well as changes to the control lists administered by other multilateral export control regimes, including the Australia Group and the Missile Technology Control Regime. Regulation 5 brings the retained Dual-Use Regulation up to date with these international arrangements up until December 2021. The new text also addresses minor drafting errors and preferences.

In relation to the Protocol on Ireland/Northern Ireland in the European Union Withdrawal Agreement (“the Protocol”), the amendments made by regulation 5 to Annex I of the retained Dual-Use Regulation are closely aligned with control list amendments introduced by Commission Delegated Regulation (EU) 2023/66 of 21 October 2022 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items. Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 continues to apply to and in the United Kingdom in respect of Northern Ireland by virtue of the Protocol.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available from the Export Control Joint Unit, Old Admiralty Building, London SW1A 2DY. The Explanatory Memorandum has also been published alongside the instrument on the www.legislation.gov.uk website, and a copy has been placed in the Libraries of both Houses of Parliament.