Article 43 Use and disclosure of information

United Kingdom

(1)

This article applies to information which is held from time to time by the Secretary of State or the Commissioners in connection with the operation of controls imposed by

(a)

this Order; or

(b)

any F1F2assimilated EU law or directly applicable F3EU provision on the export of goods, the transfer of software or technology, participation in the provision of technical assistance, or activities which facilitate, or are otherwise connected with, the acquisition, disposal or movement of goods.

(2)

Information to which this article applies may be used for the purposes of, or for any purposes connected with—

(a)

the exercise of functions in relation to any control imposed by this Order or by any other order made under the Export Control Act 2002;

(b)

giving effect to any EU provision or other international obligation of the United Kingdom;

(c)

facilitating the exercise by an authority or international organisation outside the United Kingdom of functions which correspond to functions conferred by or in connection with any activity subject to control by this Order or any other order made under the Export Control Act 2002,

and may be disclosed to any person for use for these purposes.

(3)

No disclosure of information shall be made by virtue of this article unless the making of the disclosure is proportionate to the object of the disclosure.

(4)

For the purposes of this article, “information” is any information that relates to a particular business or other activity carried on by a person.

(5)

Nothing in this article shall affect any power to disclose information that exists apart from this article.

(6)

The information that may be disclosed by virtue of this article includes information obtained before this Order came into force.

Annotations

Textual amendments

F1: Words in art. 43(1)(b) inserted (31.12.2020) by S.I. 2019/137, regs. 1, 4(29) (as substituted by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 7(10)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in art. 43(1)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 4(2)(i)
F3: Words in Order substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6