Article 1 Citation, commencement and interpretation

This Order may be cited as the Export of Goods (Control) Order 1989 and shall come into force on 14th February 1990.

In this Order, unless the context otherwise requires—

• “aircraft” does not include helicopters;

• “Commissioners” means the Commissioners of Customs and Excise;

• “country” includes territory;

• “document” includes any record or device by means of which information is recorded or stored;

• “goods”, unless otherwise specified, means both used and unused goods;

• “hovercraft” has the same meaning as in section 4(1) of the Hovercraft Act 1968^f1;

• “importation” and “exportation” in relation to a vessel, submersible vehicle, aircraft or helicopter includes the taking into or out of the United Kingdom of the vessel, submersible vehicle, aircraft or helicopter notwithstanding that the vessel, submersible vehicle, aircraft or helicopter is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

• “Member State” means a Member State of the European Communities;

• “microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;

• “normal commercial journey” means a journey providing transport services in the ordinary course of business;

• “ODMA software” means operating software, diagnostic software, maintenance software or application software; and in each case includes only the minimum software necessary to enable the equipment to perform the function for which it was designed;

• “programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer and includes a microprogramme;

• “scheduled goods” means goods of a description specified in Schedule 1 hereto;

• “scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;

• “ship” includes the hull or part of the hull of a ship;

• “software” means one or more programmes fixed in any tangible medium of expression;

• “surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;

• “SWATH vessel” means any small waterplane area twin-hull vessel;

• “technological document” means any document containing information relating to the design, production, testing or use of goods or to technologies or processes, excluding:

  1. (i)

     document which is generally available to the public;

  2. (ii)

     application for the grant of a patent (or any other form of protection for an invention) or for the registration of a design, or a semi conductor topography, in each case under the law of the United Kingdom or of any other country or under any treaty or international convention;

  3. (iii)

     document necessary to enable any such application to be filed, made or pursued;

• “vessel” includes any ship, surface effect vehicle, SWATH vessel and hydrofoil, and the hull or part of the hull of a vessel;

• a prohibition on exportation means a prohibition on exportation from the United Kingdom and shall include a prohibition on shipment as ships' stores;

• any reference to scheduled goods or any other item being indicated by a letter shall be taken as a reference to such goods or items being so indicated in Schedule 1 hereto;

• numerical references in Schedule 1 hereto to British Standards are references to the standards so numbered published by the British Standards Institution in the year indicated after such references with such amendments (if any) thereto as may have been made before the making of this Order;

• references in Schedule 1 hereto to percentages of the contents of any goods are references to percentages by weight;

• any description of goods specified in Group A of Part I of Schedule 1 hereto in relation to a Combined Nomenclature heading or sub-heading, other than one covering a whole heading, shall be taken to comprise all goods which would be classified under an entry in the same terms constituting a subheading in the relevant heading in the Combined Nomenclature of the European Economic Community^f2.