International Sanctions (Sudan) (Restrictive Measures) Regulations 2004
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
1
BR 56/2004
INTERNATIONAL SANCTIONS ACT 2003
2003 : 6
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
ARRANGEMENT OF REGULATIONS
1 Citation
2 Interpretation
RESTRICTED GOODS, TECHNICAL
ASSISTANCE AND TRAINING
3 Supply of restricted goods
4 Exportation of restricted goods
to Sudan
5 Provision of assistance, advice
or training related to military
activities
6 Use of ships, aircraft and
vehicles: restricted goods
GENERAL
7 Customs powers to demand
evidence of destination of
goods
8 Offences in connection with
applications for licences,
conditions attaching to
licences, etc.
9 Declaration of goods: powers
of search
10 Investigation, etc. of suspected
ships
11 Investigation, etc. of suspected
aircraft
12 Investigation, etc. of suspected
vehicles
13 Provisions supplementary to
regulations 10 to 12
14 Obtaining of evidence and
information
15 Penalties and proceedings
16 Exercise of powers of the
Minister
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
2 1989 Revision
FIRST SCHEDULE
SECOND SCHEDULE
The Minister of Legislative Affairs, in exercise of the powers
conferred by section 2 of the International Sanctions Act 2003, makes
the following Regulations:
Citation
1 These Regulations may be cited as the International Sanctions
(Sudan) (Restrictive Measures) Regulations 2004.
Interpretation
2 In these Regulations
"assistance" means any form of assistance, including technical
assistance, services, financing and financial assistance;
"commander", in relation to an aircraft, means the member of
the flight crew designated as commander of the aircraft by
the operator of the aircraft or the person who is for the time
being the pilot in command of the aircraft;
"document" includes information recorded in any form, and in
relation to information recorded otherwise than in legible
form, references to its production include references to
producing a copy of the information in legible form;
"export" includes shipment as stores;
"exportation" in relation to any ship, submersible vehicle or
aircraft, includes the taking out of Bermuda of the ship,
submersible vehicle or aircraft notwithstanding that it is
conveying goods or passengers and whether or not it is
moving under its own power; and cognate expressions shall
be construed accordingly;
"master", in relation to a ship, includes any person (other than a
pilot) for the time being in charge of the ship;
"Minister" means the Minister of Finance;
"operator", in relation to an aircraft or vehicle, means the person
for the time being having the management of the aircraft or
vehicle;
"owner", in relation to a ship, where the owner of a ship is not
the operator, means the operator and any person to whom it
is chartered;
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
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"person" includes a body incorporated or constituted under the
laws of Bermuda;
"restricted goods" means the goods specified in the First
Schedule;
"ship" includes every description of vessel used in navigation;
"shipment" includes loading into an aircraft;
"stores" means goods for use in a ship or aircraft and includes
fuel and spare parts and other articles of equipment, whether
or not for immediate fitting, but excludes any goods for use in
a ship or aircraft as merchandise for sale by retail to persons
carried therein;
"vehicle" means a land transport vehicle.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3 (1) Any person who, except under the authority of a licence
granted by the Minister under this regulation or regulation 4
(a) supplies or delivers;
(b) agrees to supply or deliver; or
(c) does any act calculated to promote the supply or delivery
of,
restricted goods to any person in Sudan commits an offence under these
Regulations, unless he proves that he did not know and had no reason to
suppose that the goods in question were to be supplied or delivered to a
person in Sudan.
(2) Nothing in paragraph (1)(b) or (c) shall apply where the
supply or delivery of the goods to the person concerned is authorised by
a licence granted by the Minister under this regulation.
Exportation of restricted goods to Sudan
4 (1) Except under the authority of a licence granted by the
Minister under this regulation, restricted goods are prohibited to be
exported from Bermuda to any destination in Sudan or to any
destination for the purpose of delivery, directly or indirectly, to or to the
order of any person in Sudan.
(2) Any restricted goods which are exported or attempted to be
exported shall be liable to forfeiture.
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MEASURES) REGULATIONS 2004
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(3) Any person knowingly concerned in the exportation or
attempted exportation of such goods commits an offence under these
Regulations.
Provision of assistance, advice or training related to military
activities
5 Any person who, except under the authority of a licence granted
by the Minister under this regulation, directly or indirectly provides to
any person in Sudan any
(a) assistance;
(b) advice; or
(c) training,
related to military activities commits an offence under these Regulations,
unless he proves that he did not know and had no reason to suppose
that the assistance, advice or training in question was to be provided to a
person in Sudan.
Use of ships, aircraft and vehicles: restricted goods
6 (1) Notwithstanding regulation 3, and except under the
authority of a licence granted by the Minister under this regulation, no
ship or aircraft to which this regulation applies, and no vehicle within
Bermuda, shall be used for the carriage of restricted goods if the carriage
is, or forms part of, carriage from any place outside Sudan to any
destination therein.
(2) This regulation applies to ships registered in Bermuda, to
aircraft so registered and to any other ship or aircraft that is for the time
being chartered to any person in Bermuda.
(3) If any ship, aircraft or vehicle is used in contravention of
paragraph (1) then
(a) in the case of a ship registered in Bermuda or any
aircraft so registered, the owner and the master of the
ship or, as the case may be, the operator and the
commander of the aircraft; or
(b) in the case of any other ship or aircraft, the person to
whom the ship or aircraft is for the time being chartered
and, if he is a person referred to in paragraph (2), the
master of the ship or, as the case may be, the operator
and the commander of the aircraft; or
(c) in the case of a vehicle, the operator of the vehicle,
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
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commits an offence under these Regulations, unless he proves that he
did not know and had no reason to suppose that the carriage of the
goods in question was, or formed part of, carriage from any place outside
Sudan to any destination in Sudan.
(4) Nothing in paragraph (1) shall apply where the supply or
delivery or exportation from Bermuda of the goods concerned to Sudan
was authorised by a licence granted by the Minister under regulation 3
or 4.
(5) Nothing in this regulation shall be construed so as to
prejudice any other law prohibiting or restricting the use of ships,
aircraft or vehicles.
GENERAL
Customs powers to demand evidence of destination of goods
7 Any exporter or any shipper of restricted goods which have been
exported from Bermuda shall, if so required by the Minister, furnish
within such time as the Minister may allow proof to the Minister's
satisfaction that the goods have reached either
(a) a destination to which they were authorised to be
exported by a licence granted under these Regulations;
or
(b) a destination to which their exportation was not
prohibited by these Regulations,
and, if he fails to do so, he commits an offence under these Regulations,
unless he proves that he did not consent to or connive at the goods
reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions
attaching to licences, etc.
8 (1) If for the purposes of obtaining any licence under these
Regulations any person makes any statement, or furnishes any
document or information which to his knowledge is false in a material
particular, or recklessly makes any statement or furnishes any
document or information which is false in a material particular, he
commits an offence under these Regulations.
(2) Any person who has done any act under the authority of a
licence granted by the Minister under these Regulations and who fails to
comply with any conditions attaching to that licence commits an offence
under these Regulations.
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MEASURES) REGULATIONS 2004
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(3) No person shall be found guilty of an offence under
paragraph (2) where he proves that the condition with which he failed to
comply was modified, otherwise than with his consent, by the Minister
after the doing of the act authorised by the licence.
Declaration of goods: powers of search
9 (1) Any person who is about to leave Bermuda shall, if he is
required to do so by an officer authorised for the purpose by the
Minister
(a) declare whether or not he has with him any restricted
goods which are destined for Sudan or for delivery,
directly or indirectly, to or to the order of any person in
Sudan; and
(b) produce any such goods as aforesaid which he has with
him.
(2) Any such officer, or any person acting under his direction,
may search that person for the purpose of ascertaining whether he has
with him any such goods as aforesaid.
(3) No person shall be searched in pursuance of paragraph (2)
except by a person of the same sex.
(4) Any person who without reasonable excuse refuses to make
a declaration, or fails to produce any goods, or refuses to allow himself to
be searched in accordance with the foregoing provisions of this
regulation, commits an offence under these Regulations.
(5) Any person who under the provisions of this regulation
makes a declaration which to his knowledge is false in a material
particular, or recklessly makes any declaration which is false in a
material particular, commits an offence under these Regulations.
Investigation, etc. of suspected ships
10 (1) Where any authorised officer has reason to suspect that any
ship to which regulation 6 applies has been or is being or is about to be
used in contravention of paragraph (1) of that regulation
(a) he may (either alone or accompanied and assisted by
persons under his authority) board the ship and search
her and, for that purpose, may use or authorise the use
of reasonable force;
(b) he may request the master of the ship to furnish such
information relating to the ship and her cargo and
produce for his inspection such documents so relating
and such cargo as he may specify; and
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MEASURES) REGULATIONS 2004
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(c) in the case of a ship that is reasonably suspected of
being or of being about to be used in contravention of
regulation 6(1), any authorised officer (either there and
then or upon consideration of any information furnished
or document or cargo produced in pursuance of a
request made under sub-paragraph (b)), with a view to
preventing the commission (or the continued
commission) of any such contravention, or in order that
enquiries into the matter may be pursued, may take the
further action specified in paragraph (2).
(2) The further action referred to in paragraph (1)(c) is either
(a) to direct the master of the ship to refrain, except with
the consent of any authorised officer, from landing at
any port specified by the officer any part of the ship's
cargo that is so specified; or
(b) to request the master of the ship to take any one or more
of the following steps
(i) to cause the ship not to proceed with the voyage
on which she is then engaged or about to engage
until the master is notified by an authorised
officer that the ship may so proceed;
(ii) if the ship is in port in Bermuda, to cause her to
remain there until the master is notified by an
authorised officer that the ship may depart;
(iii) if the ship is in any other place, to take her to
any such port specified by the officer and to
cause her to remain there until the master is
notified as mentioned in sub-paragraph (b)(ii);
and
(iv) to take her to any other destination that may be
specified by the officer in agreement with the
master.
(3) Notwithstanding regulation 13(3), where
(a) a master refuses or fails to comply with a request made
under paragraph (2)(b); or
(b) an authorised officer otherwise has reason to suspect
that such a request that has been so made may not be
complied with,
any such officer may take such steps as appear to him to be necessary to
secure compliance with that request and, without prejudice to the
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MEASURES) REGULATIONS 2004
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generality of the foregoing, may for that purpose enter upon, or authorise
entry upon, that ship and use, or authorise the use of, reasonable force.
(4) Before or on exercising any power conferred by this
regulation, an authorised officer shall, if requested to do so, produce
evidence of his authority.
(5) In this regulation "authorised officer" means
(a) any commissioned military officer; or
(b) any person authorised by the Minister for the purpose of
this regulation either generally or in a particular case.
Investigation, etc. of suspected aircraft
11 (1) Where any authorised person has reason to suspect that
any aircraft to which regulation 6 applies has been or is being or is about
to be used in contravention of paragraph (1) of that regulation
(a) he may (either alone or accompanied and assisted by
persons under his authority) board the aircraft and
search it and, for that purpose, may use or authorise the
use of reasonable force;
(b) he may request the charterer, the operator and the
commander of the aircraft or any of them to furnish
such information relating to the aircraft and its cargo
and produce for his inspection such documents so
relating and such cargo as he may specify; and
(c) if the aircraft is then in Bermuda, any authorised person
may (either there and then or upon consideration of any
information furnished or document or cargo produced in
pursuance of a request made under sub-paragraph (b))
further request the charterer, the operator and the
commander or any of them to cause the aircraft and any
of its cargo to remain in Bermuda until notified that the
aircraft and its cargo may depart.
(2) Notwithstanding regulation 13(3), where an authorised
person has reason to suspect that any request that has been made
under paragraph (1)(c) may not be complied with, he may take such
steps as appear to him to be necessary to secure compliance with that
request and, without prejudice to the generality of the foregoing, may for
that purpose
(a) enter, or authorise entry, upon any land and upon that
aircraft;
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MEASURES) REGULATIONS 2004
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(b) detain, or authorise the detention of that aircraft and
any of its cargo; and
(c) use, or authorise the use of, reasonable force.
(3) Before or on exercising any power conferred by this
regulation, an authorised person shall, if requested to do so, produce
evidence of his authority.
(4) In this regulation
"authorised person" means any person authorised by the
Minister for the purpose of this regulation either
generally or in a particular case.
Investigation, etc. of suspected vehicles
12 (1) Where any authorised person has reason to suspect that
any vehicle in Bermuda has been or is being or is about to be used in
contravention of regulation 6
(a) he may (either alone or accompanied and assisted by
persons under his authority) enter the vehicle and
search it and, for that purpose, may use or authorise the
use of reasonable force;
(b) he may request the operator and the driver of the vehicle
or either of them to furnish such information relating to
the vehicle and any goods contained in it and produce
for his inspection such documents so relating and such
goods as he may specify; and
(c) any authorised person may (either there and then or
upon consideration of any information furnished or
document or goods produced in pursuance of a request
made under sub-paragraph (b)) further request the
operator or the driver to cause the vehicle and any goods
contained in it to remain in Bermuda until notified that
the vehicle may depart.
(2) Notwithstanding regulation 13(3), where any authorised
person has reason to suspect that any request that has been made
under paragraph (1)(c) may not be complied with, he may take such
steps as appear to him to be necessary to secure compliance with that
request and, without prejudice to the generality of the foregoing, may for
that purpose
(a) enter, or authorise entry, upon any land and enter, or
authorise entry of, that vehicle;
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MEASURES) REGULATIONS 2004
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(b) detain, or authorise the detention of, that vehicle and
any goods contained in it; and
(c) use, or authorise the use of, reasonable force.
(3) Before or on exercising any power conferred by this
regulation, an authorised person shall, if requested to do so, produce
evidence of his authority.
(4) In this regulation
"authorised person" means any person authorised by the
Minister for the purpose of this regulation either
generally or in a particular case.
Provisions supplementary to regulations 10 to 12
13 (1) No information furnished or document produced by any
person in pursuance of a request made under regulation 10, 11 or 12
shall be disclosed except
(a) with the consent of the person by whom the information
was furnished or the document was produced:
Provided that a person who has obtained information or
is in possession of a document only in his capacity as
servant or agent of another person may not give consent
for the purposes of this sub-paragraph but such consent
may instead be given by any person who is entitled to
that information or to the possession of that document
in his own right;
(b) to any person who would have been empowered under
regulation 10, 11 or 12 to request that it be furnished or
produced or to any person holding or acting in any office
under or in the service of —
(i) the Crown in respect of the Government of the
United Kingdom; or
(ii) the Government of Bermuda;
(c) on the authority of the Minister, to any person in the
service of the Government of any other country for the
purpose of assisting that Government in securing
compliance with or detecting evasion of measures in
relation to Sudan decided upon by the Council of the
European Union; or
(d) with a view to the institution of, or otherwise for the
purposes of, any proceedings in Bermuda, for an offence
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MEASURES) REGULATIONS 2004
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under these Regulations or, with respect to any of the
matters regulated by these Regulations, for an offence
relating to customs.
(2) Any power conferred by regulation 10, 11 or 12 to request
the furnishing of information or the production of a document or of cargo
for inspection shall include a power to specify whether the information
should be furnished orally or in writing and in what form and to specify
the time by which and the place in which the information should be
furnished or the document or cargo produced for inspection.
(3) Each of the following persons commits an offence under
these Regulations, that is to say
(a) a master of a ship who disobeys any direction given
under regulation 10(2)(a);
(b) a master of a ship or a charterer or an operator or a
commander of an aircraft or an operator or a driver of a
vehicle who
(i) without reasonable excuse, refuses or fails
within a reasonable time to comply with any
request made under regulation 10, 11 or 12 by
any person empowered to make it; or
(ii) furnishes any document or information which to
his knowledge is false in a material particular, or
recklessly furnishes any document or
information which is false in a material
particular, to such a person in response to such
a request;
(c) a master or a member of a crew of a ship or a charterer
or an operator or a commander or a member of a crew of
an aircraft or an operator or a driver of a vehicle who
wilfully obstructs any such person (or any person acting
under the authority of any such person) in the exercise
of his powers under regulation 10, 11 or 12.
(4) Nothing in regulations 10 to 13 shall be construed so as to
prejudice any other law conferring powers or imposing restrictions or
enabling restrictions to be imposed with respect to ships, aircraft or
vehicles.
Obtaining of evidence and information
14 The Second Schedule shall have effect in order to facilitate the
obtaining, by or on behalf of the Minister
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MEASURES) REGULATIONS 2004
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(a) of evidence and information for the purpose of securing
compliance with or detecting evasion of these
Regulations in Bermuda; and
(b) of evidence of the commission in Bermuda, of an offence
under these Regulations or, with respect to any of the
matters regulated by these Regulations, an offence
relating to customs.
Penalties and proceedings
15 (1) Any person found guilty of an offence under regulation 3, 4,
5 or 6(3) shall be liable
(a) on conviction on indictment to imprisonment for a term
not exceeding seven years or to a fine of $20,000.00 or
to both; or
(b) on summary conviction to imprisonment for a term not
exceeding six months or to a fine of $5,000.00 or to
both.
(2) Any person found guilty of an offence under regulation
13(3)(b)(ii) or paragraph 5(b) or (d) of the Second Schedule shall be
liable
(a) on conviction on indictment to imprisonment for a term
not exceeding two years or to a fine of $10,000.00 or to
both; or
(b) on summary conviction to imprisonment for a term not
exceeding six months or to a fine of $5,000.00 or to
both.
(3) Any person found guilty of an offence under regulation 8(1)
or (2) or regulation 9(4) shall be liable
(a) on conviction on indictment to imprisonment for a term
not exceeding two years or to a fine of $10,000.00 or to
both;
(b) on summary conviction to a fine of $5,000.00.
(4) Any person found guilty of an offence under regulation
13(3)(a), 13(3)(b)(i) or 13(3)(c), or paragraph 5(a) or (c) of the Second
Schedule shall be liable on summary conviction to imprisonment for a
term not exceeding six months or to a fine not exceeding $5,000.00 or to
both.
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(5) Any person found guilty of an offence under regulation 7 or
9(3) shall be liable on summary conviction to a fine not exceeding
$5,000.00.
(6) Where any body corporate commits an offence under these
Regulations, and that offence is proved to have been committed with the
consent or connivance of, or to be attributable to any neglect on the part
of, any director, manager, secretary or other similar officer of the body
corporate or any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be deemed to have committed
that offence, and shall be liable to be proceeded against and punished
accordingly.
(7) Summary proceedings for an offence under these
Regulations, being an offence alleged to have been committed outside
Bermuda, may be commenced at any time not later than 12 months from
the date on which the person charged first enters Bermuda after
committing the offence.
(8) Proceedings against any person for an offence under these
Regulations may be taken before the appropriate court in Bermuda.
(9) No proceedings for an offence under these Regulations shall
be instituted except by or with the consent of the Director of Public
Prosecutions.
(10) Paragraph (9) shall not prevent the arrest, or the issue or
execution of a warrant for the arrest, of any person in respect of such an
offence, or the remand in custody or on bail of any person charged with
such an offence, notwithstanding that the necessary consent to the
institution of proceedings for the offence has not been obtained.
Exercise of powers of the Minister
16 (1) The Minister may, to such extent and subject to such
restrictions and conditions as he may think proper, delegate or authorise
the delegation of any of his powers under these Regulations (other than
the power to give authority under the Second Schedule to apply for a
search warrant) to any person, or class or description of persons,
approved by him, and references in these Regulations to the Minister
shall be construed accordingly.
(2) Any licences granted under these Regulations shall be in
writing and may be either general or special, may be subject to or
without conditions, may be limited so as to expire on a specified date
unless renewed and may be varied or revoked by the authority that
granted them.
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MEASURES) REGULATIONS 2004
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FIRST SCHEDULE
(regulation 2)
RESTRICTED GOODS
MILITARY, SECURITY AND PARAMILITARY GOODS, SOFTWARE AND
TECHNOLOGY AND ARMS, AMMUNITION AND RELATED MATERIAL
ML1 Smooth-bore weapons with a calibre of less than 20 mm, other
firearms and automatic weapons with a calibre of 12.7 mm
(calibre 0.50 inches) or less and accessories, as follows, and
specially designed components therefor:
(a) Rifles, carbines, revolvers, pistols, machine pistols and
machine guns;
(b) Smooth-bore weapons;
(c) Weapons using caseless ammunition;
(d) Silencers, "special gun-mountings", weapon sights, clips
and flash suppressers for firearms in ML1.a., ML1.b. or
ML1.c.
Note: ML1 does not control:
(a) Air weapons (other than those declared by the
Firearms (Dangerous Air Weapons) Rule[12] to be
specially dangerous);
(b) Firearms specially designed for dummy ammunition
and which are incapable of firing any ammunition in
this Part of this Schedule;
(c) Firearms certified by a registered UK Proof House
as having been rendered incapable of firing any
ammunition in this Part of this Schedule;
(d) Bayonets;
(e) Air (pneumatic) or cartridge (explosive) powered
guns or pistols designed as:
1. Industrial tools; or
2. Humane stunning devices employed
specifically for animal slaughter;
(f) Signal pistols.
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ML2 Smooth-bore weapons with a calibre of 20 mm or more, other
armament or weapons with a calibre greater than 12.7 mm
(calibre 0.50 inches), projectors and accessories, as follows, and
specially designed components therefor:
(a) Guns, howitzers, cannon, mortars, anti-tank weapons,
projectile launchers, military flame throwers, recoilless
rifles and signature reduction devices therefor;
(b) Military smoke, gas and "pyrotechnic" projectors or
generators;
(c) Weapon sights for firearms in ML2.a. or ML2.b.
Note: ML2 does not control signal pistols.
ML3 Ammunition and fuze setting devices, as follows, and specially
designed components therefor, for the weapons in ML1, ML2 or
ML12;
(a) Ammunition for the weapons in ML1, ML2 or ML12;
Note: ML3.a. does not control:
(a) Ammunition crimped without a projectile (blank star)
and dummy ammunition with a pierced powder
chamber;
(b) Lead or lead alloy pellet ammunition specially
designed for air weapons;
(c) Cartridges specially designed for signalling, bird
scaring or lighting of gas flares at oil wells.
(b) Fuze setting devices specially designed for ammunition
in ML3.a.
ML4 Bombs, torpedoes, rockets, missiles, other explosive devices and
charges, and related equipment and accessories, as follows,
specially designed for military use, and specially designed
components therefor:
N.B.: Electronic guidance and navigation equipment is controlled in
ML11.
(a) Bombs, torpedoes, grenades, smoke canisters, rockets,
mines, missiles, depth charges, demolition-charges,
demolition-devices and demolition-kits, devices that
contain "pyrotechnics", cartridges and simulators (i.e.,
equipment simulating the characteristics of any of these
"goods");
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MEASURES) REGULATIONS 2004
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(b) Equipment specially designed for the handling, control,
activation, powering with one-time operational output,
launching, laying, sweeping, discharging, decoying,
jamming, detonation, disruption or detection of "goods"
in ML4.a.
Technical Note:
Hand held devices, limited by design solely to the
detection of metal objects and incapable of distinguishing
between mines and other metal objects, are not considered
to be specially designed for the detection of "goods" in
ML4.a.
PL5006 Apparatus or devices specially designed for military use, used for
the handling, control, discharging, decoying, jamming,
detonation, disruption or detection of "improvised explosive
devices" or other explosive devices not in ML4.a., and specially
designed components therefor.
Note: PL5006 does not control inspection devices not employing
electronic management.
PL5030 Bombs and grenades, other than those in ML4, and specially
designed components therefor.
ML5 Fire control equipment and related alerting and warning
equipment, related systems, test and alignment and
countermeasure equipment, as follows, specially designed for
military use, and specially designed components and accessories
therefor:
(a) Weapon sights, bombing computers, gun laying
equipment and weapon control systems;
(b) Target acquisition, designation, range-finding,
surveillance or tracking systems; detection, data fusion,
recognition or identification equipment; and sensor
integration equipment;
(c) Countermeasure equipment for "goods" in ML5.a. or
ML5.b;
(d) Field test or alignment equipment, specially designed for
"goods" in ML5.a. or ML5.b.
ML6 Ground "vehicles" and components, as follows:
N.B.: Electronic guidance and navigation equipment is controlled in
ML11.
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MEASURES) REGULATIONS 2004
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(a) Ground "vehicles" and components therefor, specially
designed or modified for military use;
Technical Note:
For the purposes of ML6.a. the term ground "vehicles"
includes trailers.
Note: In ML6.a. modification of a ground "vehicle" for
military use entails a structural, electrical or mechanical
change involving one or more specially designed military
component.
(b) All-wheel drive "vehicles" capable of off-road use which
have been manufactured or fitted with metallic or non-
metallic materials to provide ballistic protection.
Note 1: ML6.b. does not control "vehicles" designed or
fitted out for the transportation of valuables or funds.
Note 2: ML6.b. does not control "vehicles" fitted with, or
designed or modified to be fitted with, a plough or flail for
the purpose of land mine clearance.
ML7 Chemical or biological toxic agents, toxic chemicals and mixtures
containing such agents or chemicals, "tear gases", radioactive
materials, related equipment, components, materials and
"technology", as follows:
N.B.: Chemicals are listed by name and Chemical Abstract Service
(CAS) number. Chemicals of the same structural formula (e.g.,
hydrates) are controlled regardless of name or CAS number. CAS
numbers are shown to assist in identifying whether a particular
chemical or mixture is controlled, irrespective of nomenclature. CAS
numbers cannot be used as unique identifiers because some forms
of the listed chemical have different CAS numbers, and mixtures
containing a listed chemical may also have different CAS numbers.
(a) Biological agents and radioactive materials "adapted for
use in war" to produce casualties in humans or animals,
degrade equipment or damage crops or the environment,
and chemical warfare (CW) agents;
Note: ML7.a. includes, but is not limited to, the following:
1. CW nerve agents:
(a) O-Alkyl (equal to or less than C10, including
cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or
Isopropyl)-phosphonofluoridates,
such as:
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
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Sarin (GB): O-Isopropyl methylphosphono-
fluoridate (CAS 107-44-8); and
Soman (GD): O-Pinacolyl methylphosphono-
fluoridate (CAS 96-64-0);
(b) O-Alkyl (equal to or less than C10, including
cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-
Propyl or Isopropyl)
phosphoramidocyanidates,
such as:
Tabun (GA):O-Ethyl N,N-
dimethylphosphoramidocyanidate (CAS 77-
81-6);
(c) O-Alkyl (H or equal to or less than C10,
including cycloalkyl)S-2-dialkyl (Methyl,
Ethyl, n-Propyl or Isopropyl)-
aminoethylalkyl (Methyl, Ethyl, n-Propyl or
Isopropyl)
phosphonothiolates and corresponding
alkylated and protonated salts,
such as:
VX: O-Ethyl S-2-diisopropylaminoethyl methyl
phosphonothiolate (CAS 50782-69-9);
2. CW vesicant agents:
(a) Sulphur mustards,
such as:
2-Chloroethylchloromethyl-sulphide (CAS
2625-76-5);
Bis(2-chloroethyl) sulphide (CAS 505-60-2);
Bis(2-chloroethylthio) methane (CAS 63869-
13-6);
1,2-bis (2-chloroethylthio) ethane (CAS 3563-
36-8);
1,3-bis (2-chloroethylthio) -n-propane (CAS
63905-10-2);
1,4-bis (2-chloroethylthio) -n-butane (CAS
142868-93-7);
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1,5-bis (2-chloroethylthio) -n-pentane (CAS
142868-94-8);
Bis (2-chloroethylthiomethyl) ether (CAS
63918-90-1);
Bis (2-chloroethylthioethyl) ether (CAS 63918-
89-8);
(b) Lewisites,
such as:
2-chlorovinyldichloroarsine (CAS 541-25-3);
Tris (2-chlorovinyl) arsine (CAS 40334-70-1);
Bis (2-chlorovinyl) chloroarsine (CAS 40334-
69-8);
(c) Nitrogen mustards,
such as:
HN1: bis (2-chloroethyl) ethylamine (CAS 538-
07-8);
HN2: bis (2-chloroethyl) methylamine (CAS
51-75-2);
HN3: tris (2-chloroethyl) amine (CAS 555-77-
1);
3. CW incapacitating agents,
such as:
3-Quinuclidinyl benzilate (BZ) (CAS 6581-06-2);
4. CW defoliants,
such as:
Butyl 2-chloro-4-fluorophenoxyacetate (LNF);
2,4,5-trichlorophenoxyacetic acid mixed with 2,4-
dichlorophenoxyacetic acid (Agent Orange).
(b) CW binary precursors and key precursors, as follows,
and chemical mixtures containing one or more of these
precursors:
1. Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl)
Phosphonyl Difluorides,
such as:
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DF: Methyl Phosphonyldifluoride (CAS 676-99-3);
2. O-Alkyl (H or equal to or less than C10, including
cycloalkyl) O-2-dialkyl (Methyl, Ethyl, n-Propyl or
Isopropyl) aminoethyl alkyl (Methyl, Ethyl, n-
Propyl or Isopropyl) phosphonite and
corresponding alkylated and protonated salts,
such as:
QL: O-Ethyl-2-di-isopropylaminoethyl
methylphosphonite (CAS 57856-11-8);
3. Chlorosarin: O-Isopropyl
methylphosphonochloridate (CAS 1445-76-7);
4. Chlorosoman: O-Pinacolyl
methylphosphonochloridate (CAS 7040-57-5);
(c) "Tear gases" and "riot control agents" including, but not
limited to:
1. Bromobenzyl cyanide (CA) (CAS 5798-79-8);
2. o-Chlorobenzylidenemalononitrile (o-
Chlorobenzalmalononitrile) (CS) (CAS 2698-41-1);
3. Phenylacyl chloride (w-chloroacetophenone) (CN)
(CAS 532-27-4);
4. Dibenz-(b,f)-1,4-oxazephine (CR) (CAS 257-07-8);
Note: ML7.c. does not control "tear gases" or "riot
control agents" individually packaged for personal
self-defence purposes.
(d) Equipment specially designed or modified for military
use for the dissemination of any of the following, and
specially designed components therefor:
1. Materials or agents in ML7.a. or ML7.c.;
2. CW agents made up of precursors in ML7.b.;
(e) Protective and decontamination "goods", specially
designed or modified for military use, and specially
designed components therefor, and specially formulated
chemical "mixtures", as follows:
1. "Goods" specially designed for defence against
materials in ML7.a. or ML7.c. and specially
designed components therefor;
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
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21
N.B.: See also 1A of Annex I to "the Regulation".
2. "Goods" specially designed or modified for the
decontamination of "goods" contaminated with
materials in ML7.a. and specially designed
components therefor;
3. Chemical mixtures specially developed or
formulated for the decontamination of "goods"
contaminated with materials in ML7.a.;
(f) "Goods" specially designed or modified for military use,
for the detection or identification of materials in ML7.a.
or ML7.c. and specially designed components therefor;
Note: ML7.f. does not control personal radiation monitoring
dosimeters.
(g) "Biopolymers" specially designed or processed for the
detection or identification of CW agents in ML7.a., and
the cultures of specific cells used to produce them;
(h) "Biocatalysts" for the decontamination or degradation of
CW agents, and biological systems therefor, as follows:
1. "Biocatalysts" specially designed for the
decontamination or degradation of CW agents in
ML7.a. resulting from directed laboratory
selection or genetic manipulation of biological
systems;
2. Biological systems, as follows: "expression
vectors", viruses or cultures of cells containing
the genetic information specific to the
"production" of "biocatalysts" in ML7.h.1.;
(i) "Technology" as follows:
1. "Technology" for the "development", "production"
or "use" of toxicological agents, related
equipment or components in ML7.a. to ML7.f.;
2. "Technology" for the "development", "production"
or "use" of "biopolymers" or cultures of specific
cells in ML7.g.;
3. "Technology" exclusively for the incorporation of
"biocatalysts", in ML7.h.1., into military carrier
substances or military materiel.
Note 1: ML7.a. and ML7.c. do not control:
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
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(a) Cyanogen chloride (CAS 506-77-4);
N.B.: See 1C of Annex I to "the
Regulation".
(b) Hydrocyanic acid (CAS 74-90-8);
(c) Chlorine (CAS 7782-50-5);
(d) Carbonyl chloride (phosgene) (CAS 75-44-
5);
N.B.: See 1C of Annex I to "the
Regulation".
(e) Diphosgene (trichloromethyl-1-
chloroformate) (CAS 503-38-8);
(f) Ethyl bromoacetate (CAS 105-36-2);
(g) Xylyl bromide: ortho: (CAS 89-92-9),
meta: (CAS 620-13-3), para: (CAS 104-81-
4);
(h) Benzyl bromide (CAS 100-39-01);
(i) Benzyl iodide (CAS 620-05-3);
(j) Bromo acetone (CAS 598-31-2);
(k) Cyanogen bromide (CAS 506-68-3);
(l) Bromo methylethylketone (CAS 816-40-0);
(m) Chloro acetone (CAS 78-95-5);
(n) Ethyl iodoacetate (CAS 623-48-3);
(o) Iodo acetone (CAS 3019-04-3);
(p) Chloropicrin (CAS 76-06-2).
N.B.: See 1C of Annex I to "the
Regulation".
Note 2: The "technology", cultures of cells
and biological systems listed in ML7.g.,
ML7.h.2. and ML7.i.3. are exclusive and
do not include "technology", cells or
biological systems for civil purposes, (e.g.,
agricultural, pharmaceutical, medical,
veterinary, environmental, waste
management, or in the food industry).
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ML8 "Energetic materials", and related substances, as follows:
N.B.: Chemicals are listed by name and Chemical Abstract Service
(CAS) number. Chemicals of the same structural formula (e.g.,
hydrates) are controlled regardless of name or CAS number. CAS
numbers are shown to assist in identifying whether a particular
chemical or mixture is controlled, irrespective of nomenclature. CAS
numbers cannot be used as unique identifiers because some forms
of the listed chemical have different CAS numbers, and mixtures
containing a listed chemical may also have different CAS numbers.
Technical Note:
A "mixture" refers to a composition of two or more substances with
at least one substance being controlled in ML8.
(a) "Explosives", as follows, and mixtures thereof:
1. ADNBF (aminodinitrobenzofuroxan or 7-amino-
4,6-dinitrobenzofurazane-1-oxide) (CAS 97096-
78-1);
2. BNCP (cis-bis (5-nitrotetrazolato) tetra amine-
cobalt (III) perchlorate) (CAS 117412-28-9);
3. CL-14 (diamino dinitrobenzofuroxan or 5,7-
diamino-4,6- dinitrobenzofurazane-1-oxide)
(CAS 117907-74-1);
4. CL-20 (HNIW or Hexanitrohexaazaisowurtzitane)
(CAS 135285-90-4); chlathrates of CL-20;
5. CP (2-(5-cyanotetrazolato) penta amine-cobalt
(III) perchlorate) (CAS 70247-32-4);
6. DADE (1,1-diamino-2,2-dinitroethylene, FOX7);
7. DATB (diaminotrinitrobenzene) (CAS 1630-08-6);
8. DDFP (1,4-dinitrodifurazanopiperazine);
9. DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide,
PZO) (CAS 194486-77-6);
10. DIPAM (3,3'-diamino-2,2',4,4',6,6'-
hexanitrobiphenyl or dipicramide) (CAS 17215-
44-0);
11. DNGU (DINGU or dinitroglycoluril) (CAS 55510-
04-8);
12. Furazans, as follows:
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(a) DAAOF (diaminoazoxyfurazan);
(b) DAAzF (diaminoazofurazan) (CAS
78644-90-3);
13. HMX and derivatives, as follows:
(a) HMX
(Cyclotetramethylenetetranitramine,
octahydro-1,3,5,7-tetranitro- 1,3,5,7-
tetrazine, 1,3,5,7-tetranitro-1,3,5,7-
tetraza-cyclooctane, octogen or
octogene) (CAS 2691-41-0);
(b) difluoroaminated analogs of HMX;
(c) K-55 (2,4,6,8-tetranitro-2,4,6,8-
tetraazabicyclo-[3,3,0]-octanone-3,
tetranitrosemiglycouril or keto-bicyclic
HMX) (CAS 130256-72-3);
14. HNAD (hexanitroadamantane) (CAS 143850-71-
9);
15. HNS (hexanitrostilbene) (CAS 20062-22-0);
16. Imidazoles, as follows:
(a) BNNII (Octahydro-2,5-
bis(nitroimino)imidazo [4,5-d]imidazole);
(b) DNI (2,4-dinitroimidazole)(CAS 5213-49-
0);
(c) FDIA (1-fluoro-2,4-dinitroimidazole);
(d) NTDNIA (N-(2-nitrotriazolo)-2,4-
dinitroimidazole);
(e) PTIA (1-picryl-2,4,5-trinitroimidazole);
17. NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene
hydrazine);
18. NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS
932-64-9);
19. Polynitrocubanes with more than four nitro
groups;
20. PYX (2,6-bis(picrylamino)-3,5-dinitropyridine)
(CAS 38082-89-2);
21. RDX and derivatives, as follows:
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(a) RDX (cyclotrimethylenetrinitramine,
cyclonite, T4, hexahydro-1,3,5-trinitro-
1,3,5-triazine, 1,3,5-trinitro-1,3,5-
triaza-cyclohexane, hexogen or
hexogene) (CAS 121-82-4);
(b) Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-
triazacyclohexanone) (CAS 115029-35-
1);
22. TAGN (triaminoguanidinenitrate) (CAS 4000-16-
2);
23. TATB (triaminotrinitrobenzene) (CAS 3058-38-6);
24. TEDDZ (3,3,7,7-tetrabis(difluoroamine)
octahydro-1,5-dinitro-1,5-diazocine);
25. Tetrazoles, as follows:
(a) NTAT (nitrotriazol aminotetrazole);
(b) NTNT (1-N-(2-nitrotriazolo)-4-
nitrotetrazole);
26. Tetryl (trinitrophenylmethylnitramine) (CAS 479-
45-8);
27. TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin)
(CAS 135877-16-6);
28. TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4);
29. TNGU (SORGUYL or tetranitroglycoluril) (CAS
55510-03-7);
30. TNP (1,4,5,8-tetranitro-pyridazino[4,5-
d]pyridazine) (CAS 229176-04-9);
31. Triazines, as follows:
(a) DNAM (2-oxy-4,6-dinitroamino-s-
triazine) (CAS 19899-80-0);
(b) NNHT (2-nitroimino-5-nitro-hexahydro-
1,3,5-triazine) (CAS 130400-13-4);
32. Triazoles, as follows:
(a) 5-azido-2-nitrotriazole;
(b) ADHTDN (4-amino-3,5-dihydrazino-
1,2,4-triazole dinitramide) (CAS 1614-
08-0);
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(c) ADNT (1-amino-3,5-dinitro-1,2,4-
triazole);
(d) BDNTA ([bis-dinitrotriazole]amine);
(e) DBT (3,3'-dinitro-5,5-bi-1,2,4-triazole)
(CAS 30003-46-4);
(f) DNBT (dinitrobistriazole) (CAS 70890-
46-9);
(g) NTDNA (2-nitrotriazole-5-dinitramide)
(CAS 75393-84-9);
(h) NTDNT (1-N-(2-nitrotriazolo)-3,5-
dinitrotriazole);
(i) PDNT (1-picryl-3,5-dinitrotriazole);
(j) TACOT
(tetranitrobenzotriazolobenzotriazole)
(CAS 25243-36-1);
33. Any "explosive" not listed elsewhere in ML8.a.
with a detonation velocity exceeding 8,700 m/s
at maximum density or a detonation pressure
exceeding 34 GPa (340 kbar);
34. Other organic "explosives" not listed elsewhere in
ML8.a. yielding detonation pressures of 25 GPa
(250 kbar) or more that will remain stable at
temperatures of 523 K (250°C) or higher for
periods of 5 minutes or longer;
(b) "Propellants", as follows:
1. Any United Nations (UN) Class
1.1 solid "propellant" with a
theoretical specific impulse
(under standard conditions) of
more than 250 seconds for non-
metallised, or more than 270
seconds for aluminised
compositions;
2. Any UN Class 1.3 solid
"propellant" with a theoretical
specific impulse (under
standard conditions) of more
than 230 seconds for non-
halogenised, 250 seconds for
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non-metallised compositions
and 266 seconds for metallised
compositions;
3. "Propellants" having a force
constant of more than 1,200
kJ/kg;
4. "Propellants" that can sustain a
steady-state linear burning rate
of more than 38 mm/s under
standard conditions (as
measured in the form of an
inhibited single strand) of 6.89
MPa (68.9 bar) pressure and
294 K (21°C);
5. Elastomer modified cast double
base (EMCDB) "propellants"
with extensibility at maximum
stress of more than 5% at 233 K
(-40°C);
6. Any "propellant" containing
substances listed in ML8.a.;
(c) "Pyrotechnics", fuels and related substances, as follows,
and "mixtures" thereof:
1. Aircraft fuels specially formulated for military
purposes;
Note: Aircraft fuels in ML8.c.1. are finished
"goods", not their constituents.
2. Alane (aluminium hydride) (CAS 7784-21-6);
3. Carboranes; decaborane (CAS 17702-41-9);
pentaboranes (CAS 19624-22-7 and 18433-84-
6) and their derivatives;
4. Hydrazine and derivatives, as follows (see also
ML8.d.8. and ML8.d.9. for oxidising hydrazine
derivatives):
(a) Hydrazine (CAS 302-01-2) in
concentrations of 70% or more;
Note: ML8.c.4.a. does not control
hydrazine "mixtures" specially formulated
for corrosion control.
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(b) Monomethyl hydrazine (CAS 60-34-4);
(c) Symmetrical dimethyl hydrazine (CAS
540-73-8);
(d) Unsymmetrical dimethyl hydrazine (CAS
57-14-7);
5. Metal fuels in particle form whether spherical,
atomised, spheroidal, flaked or ground,
manufactured from material consisting of 99%
or more of any of the following:
(a) Metals and "mixtures" thereof, as
follows:
1. Beryllium (CAS 7440-41-7) in
particle sizes of less than 60
µm;
2. Iron powder (CAS 7439-89-6) with
particle size of 3 µm or less
produced by reduction of iron
oxide with hydrogen;
(b) "Mixtures", which contain any of the
following:
1. Zirconium (CAS 7440-67-7),
magnesium (CAS 7439-95-4) or
alloys of these in particle sizes of
less than 60 µm;
2. Boron (CAS 7440-42-8) or boron
carbide (CAS 12069-32-8) fuels of
85% purity or higher and particle
sizes of less than 60 µm;
Note: ML8.c.5.b.2. does not control
boron and boron carbide enriched
with boron-10 (20% or more of total
boron-10 content).
Note: "Explosives" and fuels containing the metals
or alloys listed in ML8.c.5. are controlled whether
or not the metals or alloys are encapsulated in
aluminium, magnesium, zirconium, or beryllium.
6. Military materiel containing thickeners for
hydrocarbon fuels specially formulated for use
in flame throwers or incendiary munitions, such
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as metal stearates or palmates (e.g., octal (CAS
637-12-7)); and M1, M2 and M3 thickeners;
7. Perchlorates, chlorates and chromates
composited with powdered metal or other high
energy fuel components;
8. Spherical aluminium powder (CAS 7429-90-5)
with a particle size of 60 µm or less,
manufactured from material with an aluminium
content of 99% or more;
9. Titanium subhydride (TiHn) of stoichiometry
equivalent to n = 0.65-1.68;
(d) Oxidisers, as follows, and "mixtures" thereof:
1. ADN (ammonium dinitramide or SR 12) (CAS
140456-78-6);
2. AP (ammonium perchlorate) (CAS 7790-98-9);
3. Compounds composed of fluorine and any of the
following:
(a) Other halogens;
(b) Oxygen; or
(c) Nitrogen;
Note: ML8.d.3. does not control chlorine
trifluoride.
N.B.: See also 1C of Annex I to "the Regulation".
4. DNAD (1,3-dinitro-1,3-diazetidine) (CAS 78246-
06-7);
5. HAN (hydroxylammonium nitrate) (CAS 13465-
08-2);
6. HAP (hydroxylammonium perchlorate) (CAS
15588-62-2);
7. HNF (hydrazinium nitroformate) (CAS 20773-28-
8);
8. Hydrazine nitrate (CAS 37836-27-4);
9. Hydrazine perchlorate (CAS 27978-54-7);
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10. Liquid oxidisers comprised of or containing
inhibited red fuming nitric acid (IRFNA) (CAS
8007-58-7);
(e) Binders, plasticisers, monomers, polymers, as follows:
1. AMMO (azidomethylmethyloxetane and its
polymers) (CAS 90683-29-7);
2. BAMO (bisazidomethyloxetane and its polymers)
(CAS 17607-20-4);
3. BDNPA (bis (2,2-dinitropropyl)acetal) (CAS 5108-
69-0);
4. BDNPF (bis (2,2-dinitropropyl)formal) (CAS
5917-61-3);
5. BTTN (butanetrioltrinitrate) (CAS 6659-60-5);
6. Energetic monomers, plasticisers and polymers
containing nitro, azido, nitrate, nitraza or
difluoroamino groups specially formulated for
military use;
7. FAMAO (3-difluoroaminomethyl-3-azidomethyl
oxetane) and its polymers;
8. FEFO (bis-(2-fluoro-2,2-dinitroethyl) formal)
(CAS 17003-79-1);
9. FPF-1 (poly-2,2,3,3,4,4-hexafluoropentane-1,5-
diol formal) (CAS 376-90-9);
10. FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-tri-
fluoromethyl-3-oxaheptane-1,7-diol formal);
11. GAP (glycidylazide polymer) (CAS 143178-24-9)
and its derivatives;
12. HTPB (hydroxyl terminated polybutadiene) with
a hydroxyl functionality equal to or greater than
2.2 and less than or equal to 2.4, a hydroxyl
value of less than 0.77 meq/g, and a viscosity at
30°C of less than 47 poise (CAS 69102-90-5);
13. Low (less then 10,000) molecular weight, alcohol
functionalised, poly(epichlorohydrin);
poly(epichlorohydrindiol) and triol;
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14. NENAs (nitratoethylnitramine compounds) (CAS
17096-47-8, 85068-73-1, 82486-83-7, 82486-
82-6 and 85954-06-9);
15. PGN (poly-GLYN, polyglycidylnitrate or
poly(nitratomethyl oxirane)) (CAS 27814-48-8);
16. Poly-NIMMO (poly nitratomethylmethyloxetane)
or poly-NMMO (poly[3-Nitratomethyl-3-
methyloxetane]) (CAS 84051-81-0);
17. Polynitroorthocarbonates;
18. TVOPA (1,2,3-tris[1,2-bis(difluoroamino)ethoxy]
propane or tris vinoxy propane adduct) (CAS
53159-39-0);
(f) Additives, as follows:
1. Basic copper salicylate (CAS 62320-94-9);
2. BHEGA (bis-(2-hydroxyethyl) glycolamide) (CAS
17409-41-5);
3. BNO (butadienenitrileoxide) (CAS 9003-18-3);
4. Ferrocene derivatives, as follows:
(a) Butacene (CAS 125856-62-4);
(b) Catocene (2,2-bis-ethylferrocenyl
propane) (CAS 37206-42-1);
(c) Ferrocene carboxylic acids;
(d) n-butyl-ferrocene (CAS 319904-29-7);
(e) Other adducted polymer ferrocene
derivatives;
5. Lead beta-resorcylate (CAS 20936-32-7);
6. Lead citrate (CAS 14450-60-3);
7. Lead-copper chelates of beta-resorcylate or
salicylates (CAS 68411-07-4);
8. Lead maleate (CAS 19136-34-6);
9. Lead salicylate (CAS 15748-73-9);
10. Lead stannate (CAS 12036-31-6);
11. MAPO (tris-1-(2-methyl)aziridinyl phosphine
oxide) (CAS 57-39-6), and BOBBA 8 (bis(2-
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methyl aziridinyl)-2-(2-hydroxypropanoxy)
propylamino phosphine oxide); and other MAPO
derivatives;
12. Methyl BAPO (bis(2-methyl aziridinyl)
methylamino phosphine oxide) (CAS 85068-72-
0);
13. N-methyl-p-nitroaniline (CAS 100-15-2);
14. 3-Nitraza-1,5-pentane diisocyanate (CAS 7406-
61-9);
15. Organo-metallic coupling agents, as follows:
(a) Neopentyl[diallyl]oxy,
tri[dioctyl]phosphato-titanate (CAS
103850-22-2); also known as titanium
IV, 2,2-[bis 2-propenolatomethyl,
butanolato, tris (dioctyl) phosphato]
(CAS 110438-25-0); or LICA 12 (CAS
103850-22-2);
(b) Titanium IV, [(2-propenolato-1) methyl,
n-propanolatomethyl] butanolato-1,
tris[dioctyl] pyrophosphate or KR3538;
(c) Titanium IV, [(2-propenolato-1)methyl,
n-propanolatomethyl] butanolato-1,
tris(dioctyl)phosphate;
16. Polycyanodifluoroaminoe-thyleneoxide;
17. Polyfunctional aziridine amides with isophthalic,
trimesic (BITA or butyleneimine trimesamide),
isocyanuric or trimethyladipic backbone
structures and 2-methyl or 2-ethyl substitutions
on the aziridine ring;
18. Propyleneimine (2-methylaziridine) (CAS 75-55-
8);
19. Superfine iron oxide (Fe2O3) with a specific
surface area more than 250 m2/g and an
average particle size of 3.0 nm or less;
20. TEPAN (tetraethylenepentaamineacrylonitrile)
(CAS 68412-45-3); cyanoethylated polyamines
and their salts;
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21. TEPANOL
(tetraethylenepentaamineacrylonitrileglycidol)
(CAS 68412-46-4); cyanoethylated polyamines
adducted with glycidol and their salts;
22. TPB (triphenyl bismuth) (CAS 603-33-8);
(g) Precursors, as follows:
1. BCMO (bischloromethyloxetane) (CAS 142173-
26-0);
2. Dinitroazetidine-t-butyl salt (CAS 125735-38-8);
3. HBIW (hexabenzylhexaazaisowurtzitane) (CAS
124782-15-6);
4. TAIW (tetraacetyldibenzylhexaazaisowurtzitane);
5. TAT (1,3,5,7-tetraacetyl-1,3,5,7-tetraaza cyclo-
octane) (CAS 41378-98-7);
6. 1,4,5,8-tetraazadecalin (CAS 5409-42-7);
7. 1,3,5-trichlorobenzene (CAS 108-70-3);
8. 1,2,4-trihydroxybutane (1,2,4-butanetriol) (CAS
3068-00-6).
Note: ML8 does not control charges and devices.
N.B.: Charges and devices are controlled in ML4.
ML9 "Vessels", special naval equipment and accessories, as follows,
and components therefor, specially designed or modified for
military use:
N.B.: Electronic guidance and navigation equipment is controlled in
ML11.
(a) Combatant "vessels" and "vessels"(surface or
underwater) specially designed or modified for offensive
or defensive action, whether or not converted to non-
military use, regardless of current state of repair or
operating condition, and whether or not they contain
weapon delivery systems or armour;
(b) Submarine and torpedo nets;
(c) Hull penetrators and connectors specially designed for
military use that enable interaction with equipment
external to a "vessel".
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
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ML10 "Aircraft", unmanned airborne vehicles, aero-engines, "aircraft"
equipment and related "goods", as follows, and components
therefor, specially designed or modified for military use:
N.B.: Electronic guidance and navigation equipment is controlled in
ML11.
(a) Combat "aircraft";
(b) Other "aircraft"(e.g., military reconnaissance, assault,
military training, transporting and airdropping troops or
military equipment, logistics support);
(c) Unmanned airborne vehicles (UAV) (e.g., remotely piloted
air vehicles (RPV)), and autonomous programmable
vehicles (APV) and their launchers, ground support and
related equipment for command and control;
(d) Aero-engines;
(e) Airborne equipment (e.g., airborne refuelling equipment),
specially designed for "use" with "aircraft" in ML10.a. or
ML10.b. or aero-engines in ML10.d.;
(f) Pressure refuellers, pressure refuelling equipment,
equipment specially designed to facilitate operations in
confined areas and "ground equipment", specially
designed or modified for "use" with "aircraft" in ML10.a.
or ML10.b., or aero-engines in ML10.d.;
Technical Note:
"Ground equipment" means ground-based equipment for
the operation, handling, maintenance, checking, repair,
overhaul and refurbishment of "aircraft" or aero-engines.
(g) Military aircrew protective headgear and masks,
pressurised breathing equipment and partial pressure
suits for use in "aircraft", anti-g suits, liquid oxygen
converters used for "aircraft" or missiles, and catapults
and cartridge actuated devices for emergency escape of
personnel from "aircraft";
(h) Parachutes and related equipment used for combat
personnel, cargo dropping or "aircraft" deceleration, as
follows:
1. Parachutes for:
(a) Pin point dropping of military personnel;
(b) Dropping of paratroopers;
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2. Cargo parachutes;
3. Paragliders, drag parachutes, drogue
parachutes for stabilisation and attitude control
of dropping bodies;
4. Drogue parachutes for use with ejection seat
systems for deployment and inflation sequence
regulation of emergency parachutes;
5. Recovery parachutes for guided missiles, drones
or space vehicles;
6. Approach parachutes and landing deceleration
parachutes;
7. Other military parachutes;
8. Equipment specially designed for high altitude
parachutists;
(i) Automatic piloting systems for parachuted loads and
equipment for controlled opening of parachutes at any
pre-determined height.
ML11 Electronic equipment, not controlled elsewhere in this Part of
this Schedule, specially designed or modified for military use and
specially designed components therefor.
Note: ML11 controls all electronic guidance and navigation
equipment.
ML12 High velocity kinetic energy weapon (KEW) systems and related
equipment, as follows, and specially designed components
therefor:
(a) Kinetic energy weapon systems specially designed for
destruction or effecting mission abort of a target;
N.B.: For weapon systems using sub-calibre ammunition
or employing solely chemical propulsion, and ammunition
therefor, see ML1 to ML4.
(b) Specially designed test and evaluation facilities and test
models (e.g., diagnostic instrumentation and targets), for
dynamic testing of kinetic energy projectiles and
systems.
ML13 Armoured or protective "goods" and constructions, as follows,
and specially designed components therefor:
(a) Armoured plate as follows:
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MEASURES) REGULATIONS 2004
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1. Manufactured to comply with a military
standard or specification; or
2. Suitable for military use;
(b) Constructions of metallic or non-metallic materials or
combinations thereof specially designed to provide
ballistic protection for military systems;
(c) Military helmets;
Note: ML13.c. does not control:
(a) Conventional steel helmets, neither modified nor
designed to accept, nor equipped with any type of
accessory device;
(b) Helmets manufactured before 1945.
N.B. 1: Military aircrew protective headgear is controlled in
ML10.g.
N.B. 2: Military high altitude parachutists' protective
headgear is controlled in ML10.h.8.
d. Body armour and ballistic protective garments
manufactured according to military standards or
specifications, or equivalent.
Note: ML13.d. does not control individual suits of body
armour or ballistic protective garments for personal
protection and accessories therefor when accompanying
their users.
N.B.: See also 1A of Annex I to "the Regulation".
ML14 Specialised equipment for military training or for simulating
military scenarios, simulators specially designed for training in
the "use" of any firearm or weapon in ML1 or ML2,and specially
designed components and accessories therefor.
ML15 Imaging or countermeasure equipment, as follows, specially
designed for military use, and specially designed components
and accessories therefor:
(a) Recorders and image processing equipment;
(b) Cameras, photographic equipment and film processing
equipment;
(c) Image intensifier equipment;
(d) Infrared or thermal imaging equipment;
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
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(e) Imaging radar sensor equipment;
(f) Countermeasure or counter-countermeasure equipment
for the equipment in ML15.a. to ML15.e.
Note: ML15 does not control "first generation image
intensifier tubes" or equipment specially designed so that
only "first generation image intensifier tubes" are or can be
incorporated in it.
N.B. 1: For weapon sight incorporating "first generation
image intensifier tubes" see ML1, ML2 and ML5.
N.B. 2: See also 6A of Annex I to "the Regulation".
ML16 Forgings, castings and other unfinished "goods", the use of
which in controlled "goods" is identifiable by material
composition, geometry or function, and which are specially
designed for any of the "goods" in ML1 to ML4, ML6, ML9, ML10,
ML12 or ML19.
PL5020 Forgings, castings and semi-finished "goods" specially designed
for "goods" in PL5006.
ML17 Miscellaneous "goods", material and "libraries", as follows, and
specially designed components therefor:
(a) Self-contained diving and underwater swimming
apparatus, as follows:
1. Closed or semi-closed circuit (rebreathing)
apparatus specially designed for military use
(i.e., specially designed to be non-magnetic);
2. Specially designed components for use in the
conversion of open-circuit apparatus to military
use;
3. "Goods" designed exclusively for military use
with self-contained diving and underwater
swimming apparatus;
(b) Construction equipment specially designed for military
use;
(c) Fittings, coatings and treatments for signature
suppression, specially designed for military use;
(d) Field engineer equipment specially designed for "use" in
a combat zone;
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
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(e) "Robots", "robot" controllers and "robot""end-effectors",
having any of the following characteristics:
1. Specially designed for military use;
2. Incorporating means of protecting hydraulic
lines against externally induced punctures
caused by ballistic fragments (e.g., incorporating
self-sealing lines) and designed to use hydraulic
fluids with flash points higher than 839 K
(566°C); or
3. Specially designed or rated for operating in an
electro-magnetic pulse (EMP) environment;
(f) "Libraries"(parametric technical databases) specially
designed for military use with equipment in this Part of
this Schedule;
Technical Note:
For the purpose of ML17, the term "libraries"(parametric
technical database) means a collection of technical
information of a military nature, reference to which may
enhance the performance of military equipment or
systems.
(g) Nuclear power generating equipment or propulsion
equipment (e.g., "nuclear reactors"), specially designed
for military use and components therefor, specially
designed or modified for military use;
(h) "Goods" and material, coated, treated or prepared to
provide signature suppression, specially designed for
military use, other than those controlled elsewhere in
this Part of this Schedule;
(i) Simulators specially designed for military "nuclear
reactors";
(j) Mobile repair shops specially designed or modified to
service military equipment;
(k) Field generators specially designed or modified for
military use;
(l) Containers specially designed or modified for military
use;
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(m)Ferries, other than those controlled elsewhere in this
Part of this Schedule, rafts, bridges and pontoons,
specially designed for military use;
(n) Test models specially designed for the "development" of
"goods" or "technology" in ML4, ML6, ML9 or ML10.
ML18 Equipment for the "production" of "goods" as follows:
(a) Specially designed or modified production equipment for
the "production" of "goods" in this Part of this Schedule,
and specially designed components therefor;
(b) Specially designed environmental test facilities and
specially designed equipment therefor, for the
certification, qualification or testing of "goods" in this
Part of this Schedule.
PL5017 Equipment and test models other than those in ML11, ML12.b.,
ML17.n. or ML19.e. specially designed or modified for the
"development" or "use" of military "goods" in this Part of this
Schedule.
ML19 Directed energy weapon (DEW) systems, related or
countermeasure equipment and test models, as follows, and specially
designed components therefor:
(a) "Laser" systems specially designed for destruction or
effecting mission-abort of a target;
(b) Particle beam systems capable of destruction or effecting
mission-abort of a target;
(c) High power radio-frequency (RF) systems capable of
destruction or effecting mission-abort of a target;
(d) Equipment specially designed for the detection or
identification of, or defence against, systems in ML19.a.
to ML19.c.;
(e) Physical test models and related test results for the
systems, equipment and components in ML19;
(f) Continuous wave or pulsed "laser" systems specially
designed to cause permanent blindness to un-enhanced
vision (i.e., to the naked eye or to the eye with corrective
eyesight devices).
ML20 Cryogenic and "superconductive" equipment, as follows, and
specially designed components and accessories therefor:
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(a) Equipment specially designed or configured to be
installed in a vehicle for military ground, marine,
airborne or space applications, capable of operating
while in motion and of producing or maintaining
temperatures below 103 K (-170°C);
(b) "Superconductive" electrical equipment (rotating
machinery and transformers) specially designed or
configured to be installed in a vehicle for military
ground, marine, airborne or space applications, capable
of operating while in motion.
Note: ML20 does not control direct-current hybrid
homopolar generators that have single-pole normal metal
armatures which rotate in a magnetic field produced by
superconducting windings, provided those windings are
the only superconducting component in the generator.
ML21 "Software" as follows:
(a) "Software" specially designed or modified for the
"development", "production" or "use" of equipment or
materiel in this Part of this Schedule;
(b) Specific "software", as follows:
1. "Software" specially designed for:
(a) Modelling, simulation or evaluation of
military weapon systems;
(b) "Development", monitoring,
maintenance or up-dating of "software"
embedded in military weapon systems;
(c) Modelling or simulating military
operation scenarios, other than those
controlled in ML14;
(d) Command, Communications, Control
and Intelligence (C3I) applications or
Command, Communications, Control,
Computer and Intelligence (C4I)
applications;
2. "Software" for determining the effects of
conventional, nuclear, chemical or biological
warfare weapons;
3. "Software" not controlled in ML21.a., ML21.b.1.
or ML21.b.2., specially designed or modified to
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
41
enable equipment not in this Part of this
Schedule to perform military functions of
equipment in ML5, ML7.f., ML9, ML10.e., ML11,
ML14, ML15, ML17.i. or ML18;
(c) Other "software" specially designed or modified for
military use.
N.B.: Source code for "software" is controlled in ML22.
PL5001 Other security and para-military police "goods", as follows:
(a) Acoustic devices represented by the manufacturers or
suppliers thereof as suitable for riot control purposes,
and specially designed components therefor;
(b) Anti-riot and ballistic shields and specially designed
components therefor;
(c) Restraints specially designed for restraining human
beings, as follows:
1. Leg-irons;
2. Gangchains;
3. Electric-shock belts;
4. Individual cuffs having an internal perimeter
dimension:
a. less than 165 mm when the ratchet is
engaged at the last notch entering the
locking mechanism;
b. exceeding 200 mm when the ratchet is
engaged at the first notch entering the
locking mechanism;
5. Shackles (i.e., cuffs and connecting link)
assembled or constructed with cuffs in
PL5001.c.4.;
6. Shackles (i.e., cuffs and connecting link) having
a maximum length exceeding 240 mm when the
ratchets are engaged in the locking mechanism,
other than those controlled in PL5001.c.5.;
(d) Portable anti-riot devices for administering an
incapacitating substance, and specially designed
components therefor;
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
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(e) Water cannon and specially designed components
therefor;
(f) Riot control vehicles which have been specially designed
or modified to be electrified to repel boarders and
components therefor specially designed or modified for
that purpose;
(g) Portable devices designed or modified for the purpose of
riot control or self-protection by the administration of an
electric shock (e.g., electric-shock batons, electric-shock
shields, stun-guns and electric-shock dart-guns (tasers))
and components therefor specially designed or modified
for such a purpose.
ML22 "Technology" as follows:
(a) "Technology" according to the General Technology Note
for the "development", "production" or "use" of "goods" or
"software" in this Part of this Schedule, other than
"technology" specified in ML7 or ML19.e.;
(b) "Technology" specific to the design of, the assembly of
components into, and the operation, maintenance and
repair of complete production installations for "goods" in
this Part of this Schedule, even if the components of
such production installations are not controlled.
SECOND SCHEDULE
(regulation 14)
EVIDENCE AND INFORMATION
1 (1) The Minister may request any person in or resident in
Bermuda to furnish to him any information in his possession or control,
or to produce to him any document in his possession or control, which
he may require for the purpose of securing compliance with or detecting
evasion of these Regulations; and any person to whom such a request is
made shall comply with it within such time and in such manner as may
be specified in the request.
(2) Nothing in sub-paragraph (1) shall be taken to require any
person who has acted as counsel or solicitor for any person to furnish or
produce any privileged information or document in his possession in that
capacity.
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MEASURES) REGULATIONS 2004
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(3) Where a person is convicted of failing to furnish information
or to produce a document when requested so to do under this
paragraph, the court may make an order requiring him, within such
period as may be specified in the order, to furnish the information or
produce the document.
(4) The power conferred by this paragraph to request any
person to produce documents shall include power to take copies of or
extracts from any document so produced and to request that person, or,
where that person is a body corporate, any other person who is a present
or past officer of, or is employed by, the body corporate, to provide an
explanation of any of them.
(5) The furnishing of any information or the production of any
document under this paragraph shall not be treated as a breach of any
restriction imposed by statute or otherwise.
2 (1) If any justice of the peace is satisfied by information on oath
given by any police officer, constable or person authorised by the
Minister to act for the purposes of this paragraph either generally or in a
particular case
(a) that there is reasonable ground for suspecting that an
offence under these Regulations or, with respect to any
of the matters regulated by these Regulations, an offence
relating to customs has been or is being committed and
that evidence of the commission of the offence is to be
found on any premises specified in the information, or in
any vehicle, ship or aircraft so specified; or
(b) that any documents which ought to have been produced
under sub-paragraph 1 and have not been produced are
to be found on any such premises or in any such
vehicle, ship or aircraft,
he may grant a search warrant authorising any police officer or
constable, together with any other persons named in the warrant and
any other police officers or constables, to enter the premises specified in
the information or, as the case may be, any premises upon which the
vehicle, ship or aircraft so specified may be, at any time within one
month from the date of the warrant and to search the premises, or, as
the case may be, the vehicle, ship or aircraft.
(2) Any authorised person who has entered any premises or
any vehicle, ship or aircraft in accordance with sub-paragraph (1) may
do any or all of the following things
(a) inspect and search those premises or the vehicle, ship or
aircraft for any material which he has reasonable
INTERNATIONAL SANCTIONS (SUDAN) (RESTRICTIVE
MEASURES) REGULATIONS 2004
44
grounds to believe may be evidence in relation to an
offence referred to in this paragraph;
(b) seize anything on the premises or on the vehicle, ship or
aircraft which he has reasonable grounds for believing is
evidence in relation to an offence referred to in this
paragraph;
(c) seize anything on the premises or on the vehicle, ship or
aircraft which he has reasonable grounds to believe are
required to be produced in accordance with paragraph
1; or
(d) seize anything that is necessary to be seized in order to
prevent it being concealed, lost, damaged, altered or
destroyed.
(3) Any information required in accordance with sub-paragraph
(2) which is contained in a computer and is accessible from the premises
or from any vehicle, ship or aircraft must be produced in a form in which
it can be taken away and in which it is visible and legible.
(4) A police officer or constable lawfully on the premises or on
the vehicle, ship or aircraft by virtue of a warrant issued under sub-
paragraph (1) may
(a) search any person whom he has reasonable grounds to
believe may be in the act of committing an offence
referred to in this paragraph; and
(b) seize anything he finds in a search referred to in sub-
paragraph (4)(a) if he has reasonable grounds for
believing that it is evidence of an offence referred to in
this paragraph,
Provided that no person shall be searched in pursuance of this sub-
paragraph except by a person of the same sex.
(5) Where, by virtue of this paragraph, a person is empowered
to enter any premises, vehicle, ship or aircraft he may use such force as
is reasonably necessary for that purpose.
(6) Any documents or articles of which possession is taken
under this paragraph may be retained for a period of three months or, if
within that period there are commenced any proceedings for such an
offence as aforesaid to which they are relevant, until the conclusion of
those proceedings.
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3 A person authorised by the Minister to exercise any power for the
purposes of this Schedule shall, if requested to do so, produce evidence
of his authority before exercising that power.
4 No information furnished or document produced (including any
copy of an extract made of any document produced) by any person in
pursuance of a request made under this Schedule and no document
seized under paragraph 2(2) shall be disclosed except
(a) with the consent of the person by whom the information
was furnished or the document was produced or the
person from whom the document was seized:
Provided that a person who has obtained information or
is in possession of a document only in his capacity as a
servant or agent of another person may not give consent
for the purposes of this sub-paragraph but such consent
may instead be given by any person who is entitled to
that information or to the possession of that document
in his own right;
(b) to any person who would have been empowered under
this Schedule to request that it be furnished or produced
or to any person holding or acting in any office under or
in the service of
(i) the Crown in respect of the Government of the
United Kingdom; or
(ii) the Government of Bermuda;
(c) on the authority of the Minister, to any person in the
service of the Government of any other country for the
purpose of assisting that Government in securing
compliance with or detecting evasion of measures in
relation to Sudan decided upon by the Council of the
European Union; or
(d) with a view to the institution of, or otherwise for the
purposes of, any proceedings
(i) in Bermuda, for an offence under these
Regulations or, with respect to any of the
matters regulated by these Regulations, for an
offence relating to customs; or
(ii) for any offence under the law making provision
with respect to such matters that is in force in
the United Kingdom.
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MEASURES) REGULATIONS 2004
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5 Any person who
(a) without reasonable excuse, refuses or fails within the
time and in the manner specified (or, if no time has been
specified, within a reasonable time) to comply with any
request made under this Schedule by any person who is
empowered to make it;
(b) furnishes any information or produces any document
which to his knowledge is false in a material particular,
or recklessly furnishes any document or information
which is false in a material particular, to such a person
in response to such a request;
(c) otherwise wilfully obstructs any person in the exercise of
his powers under this Schedule; or
(d) with intent to evade the provisions of this Schedule,
destroys, mutilates, defaces, secretes or removes any
document,
commits an offence under these Regulations.
Made this 19th day of July, 2004
Minister of Legislative Affairs
