Article 18 Software and technology exceptions

United Kingdom

(1)

Nothing in article 3 F1or 4 shall be taken to prohibit the transfer of technology—

(a)

that is in the public domain;

(b)

that is the minimum technology required for—

(i)

the installation, operation, maintenance or repair of goods or software that are not military goods or software or UK controlled dual-use goods or software; or

(ii)

a patent application; or

(c)

in the course of basic scientific research.

(2)

Nothing in article 10, F211, 12 or 12A shall be taken to prohibit the transfer of software or technology in the public domain.

(3)

In this article, “basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts and not primarily directed towards a specific practical aim or objective.

Annotations

Textual amendments

F1: Words in art. 18(1) substituted (27.1.2010) by The Export Control (Amendment) Order 2010 (S.I. 2010/121), arts. 1(1), 2(6)
F2: Words in art. 18(2) substituted (19.5.2022) by The Export Control (Amendment) Order 2022 (S.I. 2022/491), arts. 1(1), 2(4)

Notes on Part 2

Modifications

C1: Pt. 2 excluded (20.2.2010) by The Export Control (Guinea) Order 2010 (S.I. 2010/364), arts. 1(1), 5