The Trade in Controlled Goods (Embargoed Destinations) Order 2004
UK Statutory Instrument 2004 No. 318 — creates 6 criminal offences.
- Made
- 10 February 2004
- In force from
- 3 March 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.
The Trade in Controlled Goods (Embargoed Destinations) Order 2004, made under the Export Control Act 2002, prohibits trade in certain goods between any overseas country and the embargoed destinations listed in the Schedule. In this Order, these goods are referred to as “controlled goods”, and are found in Part 1 of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (S.I. 2003/2764). The controls in this Order do not apply to software and 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 controlled 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, agreeing to supply or deliver, or doing any act calculated to promote the supply or delivery of, controlled goods to any embargoed destination listed in the Schedule, without a licence from the Secretary of State. The remaining articles in this Order do the following: Articles 4–7 provide for the issuing and revocation of licences granted by the Secretary of State, registration, record keeping and inspection and licence refusals and appeals; Articles 8–11 provide for offences, enforcement and penalties for the breach of the controls created by this Order; Article 12 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 13 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 assessment on the effect that this instrument will have on the costs of business, are available from http://www.dti.gov.uk/export.control/ or the ECO helpline—Telephone (020) 7215 8070, Fax (020) 7215 0558 or Email: ECO.help@dti.gov.uk.
Offences created by this instrument
- Failure to comply with licence conditions article 10(1) · Status not determined · Strict liability
- Failure to comply with licence conditions article 10(3) · Status not determined · Strict liability
- Any person who contravenes a prohibition or restriction in article 3 shall be guilty of an offence and liable on… article 8(1) · Status not determined · Strict liability
- Any person who knowingly contravenes any prohibition or restriction in article 3 shall be guilty of an offence and may… article 8(2) · Status not determined · Requires proof of a state of mind
- No person shall be guilty of an offence under article 3 if he is able to show that he did not know, and had no reason… article 8(4) · Status not determined · Strict liability
- Misleading applications for licences etc article 9(1) · Status not determined · Requires proof of a state of mind
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.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2004