Article 12 Licences

United Kingdom

(1)

The Secretary of State may grant licences and Community Licences.

F1(2)

A Community Licence is the authorisation required by—

(a)

Article 3(1) of the Regulation, for the exportation or transfer from the European Community of any goods, software or technology specified in Annex 1 to the Regulation where the export or transfer is not subject to Article 6(1) of the Regulation;

(b)

Article 4(1), (2) and (3) of the Regulation for the exportation or transfer from the European Community, in the circumstances respectively described in those paragraphs, of any goods, software or technology not listed in Annex 1 to the Regulation where the export or transfer is not subject to Article 6(1) of the Regulation; or

(c)

Articles 3(2) and 5(1) of the 2005 Regulation.

(3)

A licence granted by the Secretary of State is the authorisation required by Article 21(1) of the Regulation for the exportation or transfer from the United Kingdom to another Member State of any goods, software or technology specified in Annex IV to the Regulation.

(4)

Any licence or Community Licence granted or issued by the Secretary of State in pursuance of this Order, may be—

(a)

either general or individual,

(b)

limited so as to expire on a specified date unless renewed, and

(c)

subject to, or without, conditions and any such condition may require any act or omission before or after the doing of the act authorised under that licence or Community Licence.

(5)

Any licence or Community Licence granted under this Order, may be amended, suspended or revoked by the Secretary of State at any time and in such circumstances and on such terms as he thinks fit by serving notice to that effect on the holder of the licence or Community Licence.

(6)

For the purposes of articles 3(2), (3), 4(5) and 5(2) of this Order but subject to paragraph (7) below, the exportation of goods to any destination outside the European Community shall be regarded as being under the authority of a licence granted by the Secretary of State to, or for the benefit of, a particular person only if—

(a)

he is the person on whose behalf the exportation declaration is made; and

(b)

he is established within the European Community and either—

(i)

he is the owner of the goods or has a similar right of disposal over them; or

(ii)

if no person who is the owner of the goods or has a similar right of disposal over them, is established within the European Community, he is a party to one or more contracts under which ownership of the goods or a similar right of disposal over them has passed to a person not established within the European Community and pursuant to which the goods are to be, are being or have been exported from the European Community.

(7)

Paragraph (6) does not apply if no person falls within sub-paragraph (b) of that paragraph or if the exportation is of goods imported into the United Kingdom for transit or transhipment in respect of which the conditions in article 11(12) of this Order are met.

Annotations

Textual amendments

F1: Art. 12(2) substituted (30.7.2006) by The Export Control (Security and Para-military Goods) Order 2006 (S.I. 2006/1696), arts. 1, 6