PART 1 Preliminary provisions

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Export Control (Amendment) (EU Exit) Regulations 2022 and come into force on the day after the day on which they are made.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

PART 2 Amendment of the Export Control Order 2008

Amendment of the Export Control Order 2008

2.The Export Control Order 2008( 4 ) is amended in accordance with regulations 3 to 17.

Amendment of article 2 (interpretation)

3. In article 2(1)—

(a) for the definition of “the dual-use Regulation”, substitute—

“ “ the dual-use Regulation ”, in relation to—

(b) before the definition of “exportation”, insert—

“ “ the EU dual-use Regulation ” means Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast) ( 5 ) as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement; ” ;

(c) for the definition of “general export authorisation”, substitute—

“ “ general export authorisation ” means—

(d) before the definition of “scheduled journey”, insert—

“ “ the retained dual-use Regulation ” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast) ( 6 ) ; ” .

Amendment of article 8 (transit controls supplementing the dual-use Regulation)

4. In article 8(2), in each instance, for “Article 4(1) of that Regulation (WMD purposes end-use control)”, substitute “Article 4(1) (WMD purposes end-use control) of the retained dual-use Regulation or Article 4(1)(a) (WMD purposes end-use control) of the EU dual-use Regulation” .

Amendment of article 26 (licences)

5. For article 26(4), substitute—

“ (4) The Secretary of State may grant authorisations for the purposes of—

(a) Article 9 (rules about export authorisations) of the retained dual-use Regulation; and

(b) Articles 12 (rules about export authorisations) and 13 (rules about authorisations for brokering and technical assistance) of the EU dual-use Regulation. ” .

Amendment of article 28 (registration with the Secretary of State)

6. —(1) In article 28(1), for “Article 20(1) (record-keeping)”, substitute “the record-keeping provision” .

(2) After article 28(2), insert—

“ (3) In this article, the “ record-keeping provision ” means—

(a) for the retained dual-use Regulation, Article 20(1);

(b) for the EU dual-use Regulation, Article 27(1). ” .

Amendment of article 31 (inspection of records)

7. In article 31—

(a) in paragraph (1), for “Order or under Article 20 (record-keeping) of the dual-use Regulation”, substitute “Order, or Article 20(1) or (2) (record-keeping) of the retained dual-use Regulation or Article 27(1) or (2) (record-keeping) of the EU dual-use Regulation” ;

(b) in paragraph (2)(b), for “Article 20 of the dual-use Regulation”, substitute “Article 20(1) or (2) (record-keeping) of the retained dual-use Regulation or Article 27(1) or (2) (record-keeping) of the EU dual-use Regulation” .

Amendment of article 32 (amendment, suspension and revocation of licences)

8. In article 32(2), for “Article 13(1) (suspension, revocation, etc. of export authorisations) or (4) (suspension, revocation, etc. of authorisations for brokering services) of the dual-use Regulation”, substitute “Article 13 (suspension, revocation, etc. of authorisations) of the retained dual-use Regulation, under Article 16(1) (suspension, revocation, etc. of export authorisations) or (4) (suspension, revocation etc. of brokering and technical assistance authorisations) of the EU dual-use Regulation” .

Amendment of article 35 (offences relating to prohibitions and restrictions in the dual-use Regulation)

9. —(1) In the heading to article 35, for “dual-use Regulation”, substitute “retained dual-use Regulation” .

(2) In article 35—

(a) in each instance, for “dual-use Regulation”, substitute “retained dual-use Regulation” ;

(b) for paragraph (3)(a), substitute—

“ (a) on summary conviction in England and Wales or Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or ” ;

(c) for paragraph (5)(a), substitute—

“ (a) on summary conviction in England and Wales or Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or ” .

Amendment of article 40 (customs powers relating to dual-use goods)

10. In article 40—

(a) for paragraph (1)(b), substitute—

“ (b) as provided in—

(i) Article 4(2) (military end-use control) or (3) (end-use control relating to use in items exported or transferred without authorisation) of the retained dual-use Regulation; or

(ii) Articles 4(1)(b) (military end-use control) or (c) (end-use control relating to use in items exported or transferred without authorisation), 5(1) (cyber-surveillance end-use control) or 10(1) (national control lists pursuant to Article 9) of the EU dual-use Regulation; or ” ;

(b) in paragraph (2)—

(i) before “dual-use Regulation” insert “retained” ;

(ii) for “any place in the United Kingdom” substitute “any place in Great Britain” .

(c) before paragraph (3), insert—

“ (2A) Any dual-use goods in relation to which a licence has been granted which are brought to any place in Northern Ireland for the purpose of being exported to a destination outside the United Kingdom may be detained by a proper officer of Her Majesty’s Revenue and Customs for a period of ten working days as if they were liable to forfeiture where that officer or the Secretary of State has—

(a) grounds for suspicion that—

(i) relevant information was not taken into account when the licence was granted;

(ii) circumstances have materially changed since the grant of the licence; or

(b) relevant information regarding the potential application of measures under Article 4(1) of the EU dual-use Regulation.

(2B) For the purposes of paragraph (2A), the period of ten working days shall be extended to 30 working days where the Secretary of State certifies that a request for such an extension in accordance with Article 21(4) (consultation requirement) of the EU dual-use Regulation has been received from the member State which granted the licence. ” .

Amendment of article 42A (interpretation)

11. In article 42A, omit the definition of “the EU dual-use Regulation”.

Amendment of article 42K (exception in relation to Northern Ireland: European firearms pass holders)

12. In article 42K—

(a) in paragraph (2)(a), for “Article 12(2)”, substitute “Article 17(2)” ; and

(b) in paragraph (4), for “Council Directive of 18 June 1991 on control of the acquisition and possession of weapons ( 91/477/EEC )”, substitute “Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons (codification)” ( 7 ).

Amendment of article 42L (export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology)

13. For article 42L(5)(b), substitute—

“ (b) that, if the export or transfer were from Northern Ireland to a country or territory other than the EU customs territory, would require an authorisation granted by the Secretary of State under Article 3 (export control on specified dual-use items), Article 4 (export control on unspecified dual-use items), Article 5 (end-use control on cyber-surveillance items) or Article 10 (national control lists pursuant to Article 9) of the EU dual-use Regulation. ” .

Amendment of article 42O (exception in relation to Northern Ireland: EU goods in transit)

14. In article 42O, before paragraph (2), insert—

“ (1A)Article 40(2) (customs detainment power supplementing the dual-use Regulation) does not apply in relation to EU goods that are entering Northern Ireland from the EU customs territory and passing through Northern Ireland to the EU customs territory. ” .

Amendment of article 42P (authorisation requirement: Article 22(1) of the EU dual-use Regulation)

15. —(1) In the heading to article 42P, for “Article 22(1)”, substitute “Article 11(1)” .

(2) For article 42P(1), substitute—

“ (1) The authorisation required by Article 11(1) of the EU dual-use Regulation is a licence granted by the Secretary of State. ” .

Amendment of article 42Q (record-keeping requirement: Article 22(8) of the EU dual-use Regulation)

16. —(1) In the heading to article 42Q, for “Article 22(8)”, substitute “Article 27(4)” .

(2) In article 42Q—

(a) for paragraph (1), substitute—

“ (1) The documents and records to be kept in accordance with Article 27(4) of the EU dual-use Regulation are the registers or records referred to in article 29(2)(a) to (i). ” ;

(b) in paragraph (2), for “Article 22(8)”, substitute “Article 27(4)” .

Amendment of article 42R (offences in relation to Article 22 of the EU dual-use Regulation)

17. For article 42R, substitute—

“ Offences relating to prohibitions and restrictions in the EU dual-use Regulation

42R. —(1) Subject to paragraph (8), a person who contravenes a prohibition or restriction in Article 3(1) (controls on listed goods), 4(1)(b) (military end-use control) or (c) (end-use control relating to use in items exported or transferred without authorisation), 5(1) (cyber-surveillance end-use control), 8(1) (technical assistance end-use control), 10(1) (national control lists) or 11(1) (control on certain dual-use items) of the EU dual-use Regulation commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) A person who—

(a) contravenes a prohibition or restriction in Article 4(1)(a) (WMD purposes end-use control) or Article 6(1) (control on brokering services) of the EU dual-use Regulation; or

(b) fails to comply with a requirement in Article 4(2), 5(2), 6(2) or 8(2) of the EU dual-use Regulation (requirements to notify)

commits an offence and may be arrested.

(3) A person guilty of an offence under paragraph (2) shall be liable—

(a) on summary conviction in Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.

(4) Subject to paragraph (8), a person knowingly concerned in an activity prohibited or restricted by Article 3(1), 4(1), 6(1) or 11(1) of the EU dual-use Regulation with intent to evade the relevant prohibition or restriction commits an offence and may be arrested.

(5) A person guilty of an offence under paragraph (4) shall be liable—

(a) on summary conviction in Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding ten years, or to both.

(6) A person who fails to comply with Article 12(4) or 13(3) of the EU dual-use Regulation (requirements to provide all relevant information for authorisation application) commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and any licence which may have been granted in connection with the application shall be void as from the time it was granted.

(7) A person who fails to comply with Article 11(9) or 27 of the EU dual-use Regulation (record-keeping requirements for export or transfer of certain dual-use items) commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) Paragraphs (1) and (4) do not create offences related to prohibitions or restrictions on the exportation of goods from the United Kingdom (as to which see CEMA). ” .

PART 3 Amendment of Council Regulation (EC) No 428/2009

Amendment of Council Regulation (EC) No 428/2009

18. Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast) is amended in accordance with regulations 19 to 22.

Amendment of Article 13 (suspension, revocation etc. of export authorisations)

19. For Article 13, substitute—

“ Article 13

1. The Secretary of State, acting in accordance with this Regulation, may refuse to grant an export authorisation, and may annul, suspend, modify or revoke an export authorisation which the Secretary of State has already granted.

2. Paragraph 1 shall also apply to authorisations for brokering services. ” .

Amendment of Annexes (retained general export authorisations)

20. In Annex IIc (Retained General Export Authorisation No 003), in Part 2 (destinations), omit the entry for “Russian Federation”.

21. In Annex IId (Retained General Export Authorisation No 004), in Part 2 (destinations), omit the entry for “Russian Federation”.

22. In Annex IIe (Retained General Export Authorisation No 005), in Part 2 (destinations), omit the entry for “Russian Federation”.