Explanatory note

This Order amends the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (“the 2003 Order”).

It provides that the provisions relating to arrest of persons contained in section 138 of the Customs and Excise Management Act 1979 (“the 1979 Act”), allowing the arrest by any customs officer or a member of Her Majesty’s armed forces or coastguard, shall apply to certain offences related to transfers of technology or the provision of technical assistance contained in the 2003 Order.

The Order also provides that the provisions relating to customs officers' information gathering powers contained in section 77A of the 1979 Act apply to persons concerned in an activity requiring a licence under the 2003 Order for the transfer of software or technology and the provision of technical assistance.

Finally, the Order amends the definition of “transfer” in the 2003 Order to clarify its meaning.

A regulatory impact assessment has not been produced for this instrument as it has no or minimal impact on the costs of business.