UK Offence Report

The Dual-Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1999 (revoked)

UK Statutory Instrument 1999 No. 1778 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
23 June 1999
In force from
14 July 1999
Extent
Not stated
Subject
Corporate, financial services, company law, employment, charity, electoral and tax
Made under
1999/1778, 1999/2091, European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

The Dual Use and Related Goods (Export Control) Regulations 1996 (“the principal Regulations”) made in implementation of and pursuant to Council Regulation (EC) No. 3381/94 on the control of exports of dual-use goods (OJ No. L367 31.12.94, p. 1), is amended as follows: Regulation 2 provides that the definition of “exporter” has the same meaning found in Council Regulation (EC) No 3381/94 on the control of exports of dual-use goods to the extent that that definition applies. Regulation 3 introduces a requirement that all licences issued by the Secretary of State under regulation 4(3) of the principal Regulations shall be in writing. Regulation 4 corrects an ambiguity as to who carries the burden of proof with respect to the exception to the offence set out in regulation 8(1), namely that it is for the prosecution to establish whether or not the licence has been modified without the consent of the licensee and whether or not any modification made was material to the offence that is charged. Paragraph (c) makes clear that it is for the defendant to prove that the export happened before the modification took effect. Regulation 5(2) amends the controls in entry 1C950 by prohibiting the export only of mixtures containing more than the prescribed weight of a chemical specified in entry 1C350 of Annex I to Council Decision 94/942. removing an exception to the controls. Mixtures which contain a controlled chemical in such a way that it cannot be easily recovered by standard processes are now controlled. Regulation 5(3) removes the prohibition on the export of specified goods to Libya.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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