Regulation 3 Amendment of regulation 21

Regulation 21 (interpretation of Part 5) is amended as follows.

In paragraph (1), insert the following definitions in the appropriate places—

• ““energy-related technology” means any thing described in Schedule 3 as technology other than any thing for the time being specified in—

  1. (a)

     Schedule 2 to the Export Control Order 2008;

  2. (b)

     Annex 1 of the Dual-Use Regulation,

  (but see paragraph (4CA));

• “G7 dependency and further technology” means any thing described in Schedule 3E as technology other than any thing for the time being specified in—

  1. (a)

     Schedule 2 to the Export Control Order 2008;

  2. (b)

     Annex 1 of the Dual-Use Regulation,

  (but see paragraph (4CA));

• “Russia’s vulnerable technology” means any thing described in Schedule 3I as technology other than any thing for the time being specified in—

  1. (a)

     Schedule 2 to the Export Control Order 2008;

  2. (b)

     Annex 1 of the Dual-Use Regulation,

  (but see paragraph (4CA));

• “sectoral software and technology” means any thing described in Schedule 3IA other than any thing for the time being specified in—

  1. (a)

     Schedule 2 to the Export Control Order 2008;

  2. (b)

     Annex 1 of the Dual-Use Regulation,

  (but see paragraph (4CB));”.

After paragraph (4C) insert—

“(4CA)

The definitions of “energy-related technology”, “G7 dependency and further technology” and “Russia’s vulnerable technology” do not apply to technology which is—

(a)

in the public domain; or

(b)

basic scientific research.

(4CB)

The definition of “sectoral software and technology” in paragraph (1) does not apply to software or technology which is—

(a)

in the public domain; or

(b)

used for basic scientific research.”.