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Part 2AMENDMENTS TO THE EXPORT CONTROL ORDER 2008

Amendments to the Export Control Order 2008

2.  The Export Control Order 2008(1) is amended in accordance with Regulations 3 to 5.

Amendments to Part 6 (Offences, Enforcement and Penalties)

3.—(1) In Article 34, in paragraph (1), for “level 3” substitute “level 4”.

(2) In Article 35, in paragraphs (1), (6) and (7), for “level 3” substitute “level 4”.

(3) In Article 36, in paragraphs (1), (4) and (7), for “level 3” substitute “level 4”.

(4) In Article 36A, in paragraph (6), for “level 3” substitute “level 4”.

Amendments to Schedule 2 (Military Goods, Software and Technology)

4.—(1) Schedule 2 (Military Goods, Software and Technology) is amended as follows.

(2) Omit the definition of “biopolymer”, including the Technical Note to that definition.

(3) Omit the definition of “expression vectors”.

(4) For the definition of “spacecraft”, substitute—

““Spacecraft” means a craft designed to operate in, persist in or transit through space in the form of a “satellite”, “space probe”, or “space vehicle”.
Note:“Spacecraft” does not include landers, rovers, or other craft, limited by design to operate on or beneath the surface of, or in the atmosphere of an extra-terrestrial celestial body, or “sub-orbital craft”.”.

(5) In the Technical Note to the definition of “technology”, after “formulae,” insert “algorithms,”.

(6) In paragraph f of the Note to entry ML1.a., for “tranquilising” substitute “tranquillising”.

(7) In paragraph c of the Note to entry ML1.b., for “Tranquilising” substitute “Tranquillising”.

(8) In paragraph d of the Note to entry ML2.a., for “Tranquilising” substitute “Tranquillising”.

(9) In entry ML7—

(a)in entry ML7.h., for ““Biopolymers”” substitute “‘Biopolymers’”;

(b)at the end of entry ML7.h., insert—

“Technical Notes:

For the purposes of ML7.h.:

(1) ‘Biopolymers’ are biological macromolecules as follows:

(a)Enzymes for specific chemical or biochemical reactions;

(b)‘Anti-idiotypic’, ‘monoclonal’ or ‘polyclonal’ ‘antibodies’;

(c)Specially designed or specially processed ‘receptors’.

(2) ‘Anti-idiotypic antibodies’ means antibodies which bind to the specific antigen binding sites of other antibodies.

(3) ‘Monoclonal antibodies’ means proteins which bind to one antigenic site and are produced by a single clone of cells.

(4) ‘Polyclonal antibodies’ means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells.

(5) ‘Receptors’ means biological macromolecular structures capable of binding ligands, the binding of which affects physiological functions.”;

(c)in entry ML7.i.2.a., for ““Expression vectors”” substitute “‘Expression vectors’”;

(d)at the end of entry ML7.i.2.a., insert—

“Technical Note:

For the purposes of ML7.i.2.a., ‘expression vectors’ are carriers (e.g., plasmid or virus) used to introduce genetic material into host cells.”.

(10) In entry ML10—

(a)after “, aero-engines”, insert “, “sub-orbital craft””;

(b)in the Note to entry ML10.d., for “does not apply to” substitute “does not control”;

(c)in entry ML10.f., for “‘Ground equipment’” substitute “Ground equipment”;

(d)in entry ML10.g., after ““aircraft” specified in ML10.a.” insert “or “sub-orbital craft” specified in ML10.j.”;

(e)in the N.B. to entry ML10.g., after “helmets” insert “,”;

(f)after entry ML10.i., insert—

“j.“Sub-orbital craft” and related equipment, as follows, and specially designed or modified components therefor:
1.“Sub-orbital craft”;
2.Launch equipment, recovery equipment and ground support equipment;
3.Equipment designed for command or control.”.

(11) In entry ML13.c.3., for “ML13.c.1..” substitute “ML13.c.1.;”.

(12) For entries ML19.a. to ML19.c., substitute—

“a.“Laser” ‘weapon systems’ not specified by ML19.f.;
b.Particle beam ‘weapon systems’;
c.High power Radio-Frequency (RF) ‘weapon systems’;”.

(13) At the end of entry ML19.f., insert—

“Technical note:

For the purposes of ML19, ‘weapon systems’ are designed to damage, destroy or effect mission abort of a target.”.

(14) In entry ML21.c., for the N.B. substitute—

“N.B.:For general purpose “digital computers” with installed “software” specified by ML21.c., see systems, equipment or components specified in this schedule.”.

Amendments to Schedule 3 (UK Controlled Dual-Use Goods, Software and Technology)

5.  In Schedule 3—

(a)for entry PL9013.a.3.a. to entry PL9013.a.3.f., at the end of each entry for “,” substitute “;”;

(b)for entry PL9013.a.4., including the Note, Technical Notes and the N.B., substitute—

4.Integrated circuits having one or more digital processing units having a ‘Total Processing Performance’ (‘TPP’) of 6,000 or more.
N.B.:For “digital computers” and “electronic assemblies” containing integrated circuits specified in PL9013.a.4., see PL9014.a.2..
Technical Notes:
For the purposes of PL9013.a.4.:
1.‘Total processing performance’ (‘TPP’) is 2 x ‘MacTOPS’ x ‘bit length of the operation’, aggregated over all processing units on the integrated circuit.
a.‘MacTOPS’ is the theoretical peak number of Tera (1012) operations per second for multiply-accumulate computation, D=AxB+C).
b.The 2 in the ‘TPP’ formula is based on the industry convention of counting one multiply-accumulate computation, D=AxB+C, as 2 operations for the purpose of datasheets. Therefore, 2 x MacTOPS may correspond to the reported TOPS or FLOPS on a datasheet.
c.‘Bit length of the operation’ for a multiply-accumulate computation is the largest bit-length of the inputs to the multiply operation.
d.Aggregate the TPPs for each processing unit on the integrated circuit to arrive at a total. ‘TPP’ = TPP1 + TPP2 +… + TPPn (where n is the number of processing units on the integrated circuit).
2.The rate of ‘MacTOPS’ is to be calculated at its maximum value theoretically possible. The rate of ‘MacTOPS’ is assumed to be the highest value the manufacturer claims in a manual or brochure for the integrated circuit. For example, the ‘TPP’ threshold of 6,000 can be met with 750 tera integer operations (or 2 x 375 ‘MacTOPS’) at 8 bits or 300 tera FLOPS (or 2 x 150 ‘MacTOPS’) at 16 bits. If the IC is designed for MAC computation with multiple bit lengths that achieve different ‘TPP’ values, the highest ‘TPP’ value should be evaluated again parameters in PL9013.a.4..
3.For integrated circuits, specified in PL9013.a.4., that provide processing of both sparse and dense matrices, the ‘TPP’ values are the values for processing of dense matrices (e.g., without sparsity).;

(c)in entry PL9013.a.5.a and entry PL9013.a.5.b., at the end, for “,” substitute “;”;

(d)in entry PL9014.a.2., for the Note substitute—

“Note:PL9014.a.2. includes “digital computers” and hybrid computers.”.