Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”) and assimilated 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) (EUR 2009/428) (“the assimilated Dual-Use Regulation”).

Part 2 of these Regulations amends the 2008 Order. Regulation 3 amends the provisions in Part 6 of the 2008 Order relating to offences and penalties. The amendments increase the maximum level of fine that may be imposed under the 2008 Order for certain offences on summary conviction, from level 3 on the standard scale to level 4 on the standard scale. Regulation 4 amends the control lists set out in Schedule 2 to the 2008 Order, to reflect updates to controls on the exports of conventional weapons agreed through the multilateral export control regime known as the Wassenaar Arrangements. Regulation 5 makes administrative amendments to the technical parameters of controls on emerging technology in Schedule 3 to the 2008 Order.

Part 3 amends Annex I to the assimilated Dual-Use Regulation, which lists dual-use goods, software and technology subject to export controls. These amendments reflect changes to the Wassenaar Arrangement dual-use list as well as changes to the control lists administered by other multilateral export control regimes, including the Australia Group, Nuclear Suppliers Group and the Missile Technology Control Regime, in line with UK’s commitments as a member of these regimes.

An impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.