The Trade in Goods (Control) Order 2003

UK Statutory Instrument 2003 No. 2765 — creates 7 criminal offences.

7offences created

0recorded in force

0revoked

Made: 30 October 2003
In force from: 1 May 2004
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: Export Control Act 2002

Explanatory note

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

This Order, made under the Export Control Act 2002, controls the trade between one overseas country and another of military and para-military goods listed in Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance Order 2003 (S.I. 2003/2764). In this Order these goods are referred to as “controlled goods” or “restricted goods”. Restricted goods are set out in the Schedule to this Order. The controls in this Order do not apply to software or technology or to activities connected to trade in controlled goods that are situated in the United Kingdom (with the exception of goods in transit via the United Kingdom). In relation to restricted goods, article 3 of this Order prohibits any person within the United Kingdom, or a United Kingdom person anywhere in the world, from supplying or delivering, or doing any act calculated to promote the supply or delivery of, restricted goods without a licence from the Secretary of State. In relation to controlled goods, article 4 of this Order prohibits any person in the United Kingdom from transferring, acquiring or disposing, or arranging or negotiating a contract for the acquisition or disposal of controlled goods without a licence from the Secretary of State. In addition, the provisions on controlled goods prohibit any person in return for a fee, commission or other consideration from doing any act or agreeing to do any act, without a licence, which would promote the arrangement or negotiation of a contract for the acquisition or disposal of controlled goods where that person knows or has reason to believe that the goods will be moved from one third country to another third country. The Order exempts persons whose sole involvement in the movement of controlled goods from one overseas country to another is to provide transport, finance, insurance or general advertising or promotion services. The remaining articles in this Order do the following: Articles 5–7 provide for the issuing of licences by the Secretary of State, registration, record keeping and inspection and licence refusals and appeals; Articles 8–12 provide for offences, enforcement and penalties for the breach of the controls created by this Order; Article 13 sets out the purposes for which information obtained by the Secretary of State, or the Commissioners for Customs and Excise, can be disclosed; and Article 14 of this Order states the address where notices to be given by any person under this Order are to be sent. Guidance issued pursuant to section 9 of the Export Control Act 2002, on the operation of these controls and a full regulatory impact assesment of the effect that this instrument will have on the costs of business is available from http://www.dti.gov.uk/export.control/ or the ECO help-line—telephone (020) 7215 8070, fax (020) 7215 0558 or E-mail: ECO.help@dti.gsi.gov.uk.

Offences created by this instrument

Misleading applications for licences etc article 10(1) · Status not determined · Requires proof of a state of mind
Failure to comply with licence conditions article 11(1) · Status not determined · Strict liability
Failure to comply with licence conditions article 11(1)(b) · Status not determined · Strict liability
Failure to comply with licence conditions article 11(3) · Status not determined · Strict liability
Any person who contravenes a prohibition in article 3 or 4 shall be guilty of an offence and liable on summary… article 9(1) · Status not determined · Mixed — some elements strict, some not
Any person knowingly concerned in the supply, delivery, transfer, acquistion or disposal of any restricted or… article 9(2) · Status not determined · Requires proof of a state of mind
Any person knowingly concerned in the supply or delivery of any restricted goods with intent to evade any prohibition… article 9(3) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Export Controls Commons · Westminster Hall · 6 November 2003 · Sir John Stanley
I will leave to the hon. Gentleman the choice terminology of criticism that he made of those on his own Front Bench. I endorse the broad thrust of what he said, but I hope that we can achieve some accommodation. In certain areas, the Government have made important progress in prior consultation. They have made important changes in relation to the prior scrutiny of legislation and of major decisions. On 18 March, the Government gave the British Parliament and the House of Commons the opportunity to be consulted and to vote on the issue of peace and war. They were the first Government to do…
Export Control Act Commons · Written Statements · 17 December 2003 · The Minister for Europe (Mr. Denis MacShane)
The Government are introducing new controls to license the activities of those who trade in military goods between overseas countries (also known as trafficking and brokering); transfer technology for military goods by electronic means (e-mail, fax, etc.); transfer technology, by any means, for use in connection with WMD; and provide technical assistance for use in connection with WMD.These controls are contained in the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (SI 2003/2764) and the Trade in Goods (Control) Order 2003 (SI 2003.2765)…
Quadripartite Committee Reports Commons · Westminster Hall · 16 March 2006 · Sir John Stanley
The items concerned are missiles with a range of 300 km and more, and torture equipment. The answer to the question of how trafficking and brokering are defined is that they are not defined in the legislation at all. They are instead defined by particular types of transactions taking place in particular places. The details are to be found in article 3(2) of the Trade in Goods (Control) Order 2003. That is the ambit of what in broad terms we call trafficking and brokering, but the legislation provides no such definition. It defines the activities simply by categories of transaction. As to the…

How Parliament handled it

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