2003 No. 1938
CUSTOMS AND EXCISE
The Export of Goods (Control) (Amendment) (No. 2) Order 2003
24th July 2003
Coming into force
13th August 2003
The Secretary of State, in exercise of powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939(1) and now vested in her(2), hereby makes the following Order.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Export of Goods (Control) (Amendment) (No. 2) Order 2003 and shall come into force on 13th August 2003.
(2) In this Order “the principal Order” means the Export of Goods (Control) Order 1994(3).
Modifications to the Principal Order
2.—(1) The principal Order shall be amended as follows.
(2) The amendments specified in Schedule 1 to this Order shall have effect.
(3) The revocations specified in Schedule 2 to this Order shall have effect.
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
24th July 2003
SCHEDULE 1MODIFICATIONS TO THE PRINCIPAL ORDER
1. In Group 2, Part 1 of Schedule 1, after the words “Group 2 Explosive Related Goods” insert—
“1. Equipment or devices, other than those specified in Part III of this Schedule or in entry 1A005, 3A229 or 3A232 in Annex I to Council Regulation (EC) No 1334/2000 of 22nd June 2000(4) for detection of or use with explosives or for dealing with or protecting against improvised explosive devices (as defined in Part III of this Schedule), as follows, and specially designed components therefor:
a.electronic equipment capable of detecting concealed explosives;
television or X-ray inspection equipment;
b.electronic jamming equipment specially designed to prevent the detonation by radio remote control of improvised explosive devices;
c.equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters and detonating cord;
equipment and devices specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the initiation or creation of explosions; and
pressure controlled equipment specially designed for down-hole oilfield equipment applications and which are incapable of use at atmospheric pressure;
d.equipment and devices, including shields and helmets, specially designed for the disposal of improvised explosive devices;
bomb blankets and containers designed for holding improvised explosive devices or objects suspected of being such devices.
2. Linear cutting explosive charges.
3. Technology required for the use of the above (the words “technology”, “required” and “use” being as defined in Part III of this Schedule).”.
2. In Part III of Schedule III, after the words “Military, Security and Para-military goods and Arms, Ammunition and Related Material” insert—
“General Technology Note
1. Subject to paragraph 2 below, the export of “technology” specified in this Part of this Schedule is prohibited by Article 2 of this Order if it is capable of being “required” for the “development”, “production” or “use” of “goods” specified in this Part of this Schedule, whether or not the “technology” being exported in the particular case is intended to be applied in respect of such “goods”.
2. The prohibitions in Article 2 does not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of “goods” not specified in this Part of this Schedule, to “technology” “in the public domain”, to “basic scientific research” or to the minimum necessary information for patent applications.
In this Part:
“adapted for use in war” means any modification or selection (such as altering purity, shelf life, virulence, dissemination characteristics, or resistance to ultra violet (UV) radiation) designed to increase the effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment;
“additives” means substances used in explosive formulations to improve their properties;
“anti-idiotypic antibodies” means antibodies which bind to the specific antigen binding sites of other antibodies;
“basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective;
“biocatalyst” means enzymes for specific chemical or biochemical reactions and other biological compounds which bind to and accelerate the degradation of chemical warfare (CW) agents;
“biopolymer” means the following biological macromolecules:
enzymes for specific chemical or biochemical reactions;
antibodies, monoclonal, polyclonal or “anti-idiotypic”;
specially designed or specially processed “receptors”;
“critical temperature” (sometimes referred to as the transition temperature) of a specific superconductive material means the temperature at which the specific material loses all resistance to the flow of direct electrical current;
“development” is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts;
“end-effectors” means grippers, active tooling units (that is, devices for applying motive power, process energy or sensing to the workpiece) and any other tooling that is attached to the baseplate on the end of a “robot” manipulator arm;
“expression vectors” means carriers (e.g., plasmid or virus) used to introduce genetic material into host cells;
“first generation image intensifier tubes” means electrostatically focused tubes, employing input and output fibre optic or glass face plates, multi-alkali photocathodes (S-20 or S-25), but not microchannel plate amplifiers;
“improvised explosive devices” means devices fabricated or intended to be placed in an improvised manner incorporating destructive, lethal, noxious, pyrotechnic or incendiary chemicals designed to destroy, disfigure or harass; they may incorporate military stores, but are normally devised from non-military components;
“in the public domain” means available without restriction upon further dissemination (no account being taken of restrictions arising solely from copyright);
“laser” means an assembly of components which produce both spatially and temporally coherent light which is amplified by stimulated emission of radiation;
“microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of a reference instruction into an instruction register;
“military explosives” means solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other military applications, are required to detonate;
“military pyrotechnics” means mixtures of solid or liquid fuels and oxidisers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation; pyrophorics are a subclass of pyrotechnics, which contain no oxidisers but ignite spontaneously on contact with air;
“monoclonal antibodies” means proteins which bind to one antigenic site and are produced by a single clone of cells;
“nuclear reactor” means the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain, come into direct contact with or control the primary coolant of the reactor core;
“polyclonal antibodies” means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells;
“production” means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance;
“programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer;
“receptors” means biological macromolecular structure capable of binding ligands, the binding of which affects physiological functions;
“required” as applied to “technology”, refers to only that portion of “technology” which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such “required” “technology” may be shared by different “goods”;
“riot control agents” means substances which produce temporary, irritating or disabling physical effects which disappear within minutes of removal from exposure. There is no significant risk of permanent injury and medical treatment is rarely required;
“robot” means a manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use sensors, and which:
Is capable of positioning or orienting material, parts, tools or special devices through variable movements in three dimensional space;
Incorporates three or more closed or open loop servo-devices which may include stepping motors; and
Has “user accessible programmability” by means of the teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e. without mechanical intervention;
Manipulation mechanisms which are only manually/teleoperator controllable;
Fixed sequence manipulation mechanisms, which are automated moving devices, operating according to programmes where the motions are limited by fixed stops, such as pins or cams and the sequence of motions and the selection of paths or angles are not variable or changeable by mechanical, electronic or electrical means;
Mechanically controlled variable sequence manipulation mechanisms, which are automated moving devices, operating according to programmes where the motions are limited by fixed, but adjustable stops, such as pins or cams and the sequence of motions and the selection of paths or angles are variable within the fixed programme pattern; variations or modifications of the programme pattern (e.g. changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations;
Non-servo-controlled variable sequence manipulation mechanisms, which are automated moving devices, operating according to mechanically fixed programmed motions; the programme is variable but the sequence proceeds only by the binary signal from mechanically fixed electrical binary devices or adjustable stops;
Stacker cranes defined as Cartesian co-ordinate manipulator systems manufactured as an integral part of a vertical array of storage bins and designed to access the contents of those bins for storage or retrieval;
“software” means one or more “programmes” or “microprogrammes” fixed in any tangible medium of expression;
“special gun-mounting” means any fixture designed to mount a gun;
“superconductive” in relation to materials (i.e., metals, alloys or compounds) means those which can lose all electrical resistance (i.e., which can attain infinite electrical conductivity and carry very large electrical currents without Joule heating); the superconductive state of a material is individually characterized by a “critical temperature”, a critical magnetic field, which is a function of temperature, and a critical current density which is a function of both magnetic field and temperature;
“tear gases” means gases which produce temporary irritating or disabling effects which disappear within minutes or removal of exposure;
“technology” means specific information necessary for the “development”, “production” or “use” of a product. The information may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories;
“use” means operation, installation (which includes on-site installation), maintenance, checking, repair, overhaul and refurbishing;
“user-accessible programmability” means the facility allowing a user to insert, modify or replace “programmes” by means other than:
A physical change in writing or interconnections; or
The setting of function controls including entry of parameters.
ML1 Smooth-bore weapons with a calibre of less than 20 mm, other arms 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;
c.Weapons using caseless ammunition;
d.Silencers, “special gun mountings”, weapon sights, clips and flash suppressers for arms specified in entry ML1.a., ML1.b. or ML1.c.
a.Air weapons (other than those declared by the Firearms (Dangerous Air Weapons) Rules 1969 to be specially dangerous);
b.Firearms specially designed for dummy ammunition and which are incapable of firing any ammunition specified in this Part of this Schedule;
c.Firearms certified by a registered UK Proof House as having been rendered incapable of firing any ammunition specified in this Part of this Schedule;
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.
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.Weapons sights for arms specified in entry ML2.a. or ML2.b.;
ML3 Ammunition and specially designed components therefor, for the weapons specified in entry ML1, ML2 or ML12;
Ammunition crimped without a projectile (blank star) and dummy ammunition with a pierced powder chamber;
Lead or lead alloy pellet ammunition specially designed for air weapons;
Cartridges specially designed for signalling, bird scaring or lighting of gas flares at oil wells.
ML4 Bombs, torpedoes, rockets, missiles, and related equipment and accessories, as follows, specially designed for military use, and specially designed components therefor;
a.Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices and demolition-kits, devices that contain “military pyrotechnics”, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items);
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 items specified in entry ML4.a.
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 items specified by entry 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 specified in entry ML4.a., and specially designed components therefor;
Inspection devices not employing electronic management.
PL5030 Bombs and grenades, other than those specified in entry 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, date fusion, recognition or identification equipment; and sensor integration equipment;
c.Countermeasure equipment for items specified in entry ML5.a. or ML5.b.;
d.Field test or alignment equipment, specially designed for items specified in entry ML5.a. or ML5.b.
ML6 Ground vehicles and components, as follows:
a.Ground vehicles and components therefor, specially designed or modified for military use;
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;
1.vehicles designed or fitted out for the transportation of valuables or funds;
2.vehicles fitted with, or designed or modified to be fitted with, a plough or flail for the purpose of land mine clearance.
For the purposes of entry ML6.a. the term ground vehicles includes trailers.
Note: Modification of a ground vehicle for military use entails a structural, electrical or mechanical change involving one or more specially designed military components.
PL5031 Containers, other than those specified elsewhere in this Part of this Schedule, for mounting on ground vehicles, specially designed or modified for military use and components therefor specially designed or modified for military use.
ML7 In this entry, references in square brackets to Chemical Abstract Services (“CAS”) numbers are included for convenience only. Goods of which the description in this entry includes a CAS reference are specified in this entry whether or not they fall within that reference.
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:
Chemical or biological toxic agents, toxic chemicals and radioactive materials as follows:
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;
Chemicals listed in items (1) to (6) of the Schedule to the Chemical Weapons Act 1996(5), read with notes 2 and 3 of that Schedule, whether or not they are CW agents in entry ML7.a., and chemical mixtures containing one or more of these chemicals;
3-Quinuclidinyl benzilate (BZ)[CAS 6581-06-02] and chemical mixtures containing more than 1% by weight thereof;
CW binary precursors and key precursors, as follows, and chemical mixtures containing one or more of these precursors:
Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) Phosphonyl Difluorides, such as: DF: Methyl Phosphonyldifluoride [CAS 676-99-3];
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];
Chlorosarin: O-Isopropyl methylphosphonochloridate [CAS 1445-76-7];
Chlorosoman: O-Pinakoly% methylphosphonochloridate [CAS 7040-57-5];
“Tear gases” and “riot control agents” including:
Bromobenzyl cyanide (CA) [CAS 5798-79-8];
O-Chlorobenzylidenemalononitrile (o-Chlorobenzalmalononitrile) (CS) [CAS 2698-41-1];
Phenylacyl chloride (w-chloroacetophenone)(CN)[CAS 532-27-4];
Dibenz-(b, f)-1, 4-oxazephine (CR) [CAS 257-07-8];
Tear gases or riot control agents individually packaged for personal self-defence purposes;
Equipment specially designed or modified for the dissemination of any of the following, and specially designed components therefor:
Materials or agents specified in entry ML7.a. or entry ML7.c.;
CW agents made up of precursors specified in entry ML7.b.;
Note: Entry ML7.d. does not include equipment not specially designed or modified for military purposes.
Protective and decontamination “Goods”, specially designed components therefor, and specially formulated chemical mixtures as follows:
“Goods” specially designed for defence against materials specified in ML7.a. or c. and specially designed components therefor;
“Goods” specially designed or modified for the decontamination of “goods” contaminated with materials specified in ML7.a. and specially designed components therefor;
Chemical mixtures specially developed or formulated for the decontamination of “goods” contaminated with materials specified in ML7.a.;
Note: Entry ML7.e. does not include “goods” not specially designed or modified for military purposes.
“Goods” specially designed for the detection or identification of materials specified in entry ML7.a. or entry ML7.c. and specially designed components therefor;
Personal radiation monitoring dosimeters
Note: Entry ML7.f. does not include “goods” not specially designed or modified for military purposes.
“Biopolymers” specially designed or processed for the detection or identification of CW agents specified in entry ML7.a., and the cultures of specific cells used to produce them;
“Biocatalysts” for the decontamination or degradation of CW agents, and biological systems therefor, as follows:
“Biocatalysts” specially designed for the decontamination or degradation of CW agents specified in entry ML7.a. resulting from directed laboratory selection or genetic manipulation of biological systems;
Biological systems, as follows: “expression vectors”, viruses or cultures of cells containing the genetic information specific to the production of “biocatalysts” specified in entry ML7.h.1.;
“Technology” as follows:
“Technology” for the “development”, “production” or “use” of toxicological agents, related equipment or components specified in entries ML7.a. to ML7.f.;
“Technology” for the “development”, “production” or “use” of “biopolymers” or cultures of specific cells specified in entry ML7.g.;
“Technology” exclusively for the incorporation of “biocatalysts”, specified in entry ML7.h.1., into military carrier substances or military material.
Entries ML7.a. and ML7.c. do not control:
Cyanogen chloride [CAS 506-77-4];
Hydrocyanic acid [CAS 74-90-8];
Chlorine [CAS 7782-50-5];
Carbonyl chloride (phosgene) [CAS 75-44-5];
Diphosgene (trichloromethyl-l-chloroformate) [CAS 503-38-8];
Ethyl bromoacetate [CAS 105-36-2];
Xylyl bromide: ortho: [CAS 89-92-9], meta: [CAS 620-13-3], para: [CAS 104-81-4];
Benzyl bromide [CAS 100-39-01];
Benzyl iodide [CAS 620-05-3];
Bromo acetone [CAS 598-31-2];
Cyanogen bromide [CAS 506-68-3];
Bromo methylethylketone [CAS 816-40-0];
Chloro acetone [CAS 78-95-5];
Ethyl iodoacetate [CAS 623-48-3];
Iodo acetone [CAS 3019-04-3];
Chloropicrin [CAS 76-06-2].
The “technology” cultures of cells and biological systems listed in entries ML7.g., ML7.h.2. and ML7.i.3. are exclusive and do not include “technology”, cells or biological systems for civil purposes, such as agricultural, pharmaceutical, medical, veterinary, environmental, waste management, or in the food industry
ML8 In this entry, references in square brackets to Chemical Abstract Service (CAS) numbers are included for convenience only. Goods of which the description in this entry includes a CAS reference are specified in this entry whether or not they fall within that reference.
“Energetic materials”, and related substances, as follows:
“Explosives”, as follows and mixtures thereof:
ADNBF (aminodinitrobenzofuroxan or 7-amino-4, 6-dinitrobenzofurazane-1-oxide) (CAS 97096-78-1);
BNCP (cis-bis (5-nitrotetrazolato) tetra amine-cobalt (III) perchlorate) (CAS 117412-28-9);
CL-14 (diamino dinitrobenzofuroxan or 5,7-diamino-4,6-dinitrobenzofurazane-1-oxide) (CAS 117907-74-1);
CL-20 (HNIW or Hexanitrohexaazaisowurtzitane) (CAS 13528590-4); chlathrates of CL-20;
CP (2-(5-cyanotetrazolato) penta amine-cobalt (III) perchlorate) (CAS 70247-32-4);
DADE (1,1-diamino-2,2-dinitroethylene, FOX7);
DATB (diaminotrinitrobenzene) (CAS 1630-08-6);
DDFP (1, 4-dinitrodifurazanopiperazine);
DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS 194486-77-6);
DIPAM (3,3' diamino-2-2',4,4',6,6'-hexanitrobiphenyl or dipicramide) (CAS 17215-44-0);
DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);
Furazans, as follows:
DAAzF (diaminoazofurazan) (CAS 78644-90-3);
HMX and derivatives, as follows:
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);
difluoroaminated analogs of HMX;
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);
HNAD (hexanitroadamantane) (CAS 143850-71-9);
NHS (hexanitrostilbene) (CAS 20062-22-0);
Imidazoles, as follows:
BNNII (Octahydro-2,5-bis(nitroimino)imidazo [4,5-d]imidazole);
DNI (2,4-dinitroimidazole) (CAS 5213-49-0);
NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);
NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-9);
Polynitrocubanes with more than four nitro groups;
PYX (2,6-bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-89-2);
RDX and derivatives, as follows:
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);
Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-triazacyclohexonone) (CAS 115029-35-1);
TAGN (triaminoguanidinenitrate) (CAS 4000-16-2);
TATB (triaminotrinitrobenzene) (CAS 3058-38-6);
TEDDZ (3,3,7,7-tetrabis(difluoroamine) octahydro-1,5-dinitro-1,5-diazocine);
Tetrazoles, as follows:
NTAT (nitrotriazol aminotetrazole);
Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);
TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS 135877-16-6);
TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4);
TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);
TNP (1,4,5,8-tetranitro-pyridazino[4,5-d]pyridazine) (CAS 229176-04-9);
Triazines, as follows:
DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0);
NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5-triazine) (CAS 130400-13-4);
Triazoles, as follows:
ADHTDN (4-amino-3,5-dihydrazino-1,2,4-triazole dinitramide) (CAS 1614-08-0);
DBT (3,3'-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-46-4);
DNBT (dinitrobistriazole) (CAS 70890-46-9);
NTDNA (2-nitrotriazole)-5-dinitramide) (CAS 75393-84-9);
TACOT (tetranitrobenzotriazolobenzotriazole) (CAS 25243-36-1);
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);
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 523K (250°C) or higher for periods of 5 minutes or longer.
“Propellants”, as follows:
Any United Nations (UN) Class 1.1 solid “propellant” with a theoretical specific impulse (under standard conditions) of more than 250 seconds for non-metallized, or more than 270 seconds for aluminised compositions;
Any UN Class 1.3 solid “propellant” with a theoretical specific impulse (under standard conditions) of more than 230 seconds for non-halogenized, 250 seconds or non-metallized compositions and 266 seconds for metallized compositions;
“Propellants” having a force constant of more than 1,200kJ/kg;
“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 294K (21°C);
Elastomer modified cast double base (EMCDB) “propellants” with extensibility at maximum stress of more than 5% at 233K (−40°C);
Any “propellant” containing substances listed in ML8.a.;
“Pyrotechnics”, fuels and related substances, as follows, and mixtures thereof:
Aircraft fuels specially formulated for military purposes;
Alane (aluminium hydride) (CAS 7784-21-6);
Carboranes; decaborane (CAS 17702-41-9); pentaboranes (CAS 19624-22-7 and 18433-84-6) and their derivatives;
Hydrazine and derivatives, as follows (see also ML8.d.8. and d.9. for oxidising hydrazine derivatives);
Hydrazine (CAS 302-01-2) in concentrations of 70% or more;
Monomethyl hydrazine (CAS 60-34-4);
Symmetrical dimethyl hydrazine (CAS 540-73-8);
Unsymmetrical dimethyl hydrazine (CAS 57-14-7);
Metal fuels in particle form whether spherical, atomized, spheroidal, flaked or ground, manufactured from material consisting of 99% or more of any of the following:
Metals and mixtures thereof, as follows:
Beryllium (CAS 7440-41-7) in particle sizes of less than 60 µm;
Iron powder (CAS 7439-89-6) with particle size of 3 µm or less produced by reduction of iron oxide with hydrogen;
Mixtures, which contain any of the following:
Zirconium (CAS 7440-67-7), magnesium (CAS 7439-95-4) or alloys of these in particle sizes of less than 60 µm;
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; except: boron and boron carbide enriched with boron-10 (20% or more of total boron-10 content);
Military materials containing thickeners for hydrocarbon fuels specially formulated for use in flame throwers or incendiary munitions, such as metal stearates or palmates (e.g., octal (CAS 637-12-7)) and M1, M2 and M3 thickeners;
Perchlorates, chlorates and chromates composited with powdered metal or other high energy fuel components;
Spherical aluminum powder (CAS 7429-90-5) with a particle size of 60 µm or less, manufactured from material with an aluminum content of 99% or more;
Titanium subhydride (TiHn) of stoichiometry equivalent to n=0.65-1.68.
Oxidizers, as follows, and mixtures thereof:
ADN (ammonium dinitramide or SR 12) (CAS 140456-78-6);
AP (ammonium perchlorate) (CAS 7790-98-9);
Compounds composed of fluorine and any of the following:
except: chlorine trifluoride;
DNAD (1,3-dinitro-1,3-diazetidine) (CAS 78246-06-7);
HAN (hydroxylammonium nitrate) (CAS 13465-08-2);
HAP (hydroxylammonium perchlorate) (CAS 15588-62-2);
HNF (hydrazinium nitroformate) (CAS 20773-28-8);
Hydrazine nitrate (CAS 37836-27-4);
Hydrazine perchlorate (CAS 27978-54-7);
Liquid oxidisers comprised of or containing inhibited red fuming nitric acid (IRFNA) (CAS 8007-58-7).
Binders, plasticizers, monomers, polymers, as follows:
AMMO (azidomethylmethyloxetane and its polymers) (CAS 90683-29-7);
BAMO (bisazidomethyloxetane and its polymers) (CAS 17607-20-4);
BDNPA (bis(2,2-dinitropropyl)acetal) (CAS 5108-69-0);
BDNPF (bis(2,2-dinitropropyl)formal) (CAS 5917-61-3);
BTTN (butanetrioltrinitrate) (CAS 6659-60-5);
Energetic monomers, plasticizers and polymers containing nitro, azido, nitrate, nitraza or difluoroamino groups specially formulated for military use;
FAMAO (3-difluoroaminomethyl-3-azidomethyl oxetane) and its polymers;
FEFO (bis-(2-fluoro-2,2-dinitroethyl) formal) (CAS 17003-79-1);
FPF-1 (poly-2,2,3,3,4,4-hexafluoropentane-1,5-diol formal) (CAS 376-90-9);
FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-tri-fluoromethyl-3-oxaheptane-1,7-diol formal);
GAP (glycidylazide polymer) (CAS 143178-24-9) and its derivatives;
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);
Low (less than 10,000) molecular weight, alcohol functionalised, poly(epichlorohydrin); poly(epichlorohydrindiol) and triol;
NENAs (nitratoethylnitramine compounds) (CAS 17096-47-8, 85068-73-1, 82486-83-7, 82486-82-6 and 85954-06-9);
PGN (poly-GLYN, polyglycidylnitrate or poly(nitratomethyl oxirane) (CAS 27814-48-8);
Poly-NIMMO (poly nitratomethylmethyloxetane) or poly-NMMO (poly[3-Nitratomethyl-3-methyloxetane]) (CAS 84051-81-0);
TVOPA (1,2,3-tris[1,2-bis(difluoroamino)ethoxy] propane or trisvinoxy propane adduct) (CAS 53159-39-0).
“Additives”, as follows:
Basic copper salicylate (CAS 62320-94-9);
BHEGA (bis-(2-hydroxyethyl) glycolamide) (CAS 17409-41-5);
BNO (butadienenitrileoxide) (CAS 9003-18-3);
Ferrocene derivatives, as follows:
Butacene (CAS 125856-62-4);
Catocene (2,2-bis-ethylferrocenyl propane) (CAS 37206-42-1);
Ferrocene carboxylic acids;
n-butyl-ferrocene (CAS 319904-29-7);
Other adducted polymer ferrocene derivatives;
Lead beta-resorcylate (CAS 20936-32-7);
Lead citrate (CAS 14450-60-3);
Lead-copper chelates of beta-resorcylate or salicylates (CAS 68411-07-4);
Lead maleate (CAS 19136-34-6);
Lead salicylate (CAS 15748-73-9);
Lead stannate (CAS 12036-31-6);
MAPO (tris-1-(2-methyl)aziridinyl phosphine oxide) (CAS 57-39-6), and BOBBA 8 (bis(2-methyl aziridinyl)-2-(2-hydroxypropanoxy) propylamino phosphine oxide); and other MAPO derivatives;
Methyl BAPO (bis(2-methyl azirdinyl) methylamino phosphine oxide) (CAS 85068-72-0);
N-methyl-p-nitroaniline (CAS 100-15-2);
3-Nitraza-1,5-pentane diisocyanate (CAS 7406-61-9);
Organo-metallic coupling agents, as follows:
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);
Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl] butanolato-1, tris[dioctyl] pyrophosphate or KR3538;
Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl] butanolato-1, tris(dioctyl)phosphate;
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;
Propyleneimine (2-methylaziridine) (Cas 75-55-8);
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;
TEPAN (tetraethylenepentaamineacrylonitrile) (CAS 68412-45-3); cyanoethylated polyamines and their salts;
TEPANOL (tetraethylenepentaamineacrylonitrileglycidol) (CAS 68412-46-4); cyanoethylated polyamines adducted with glycidol and their salts;
TPB (triphenyl bismuth) (CAS 603-33-8);
“Precursors”, as follows:
BCMO (bischloromethyloxetane) (CAS 142173-26-0);
Dinitroazetidine-t-butyl salt (CAS 125735-38-8);
HBIW (hexabenzylhexaazaisowurtzitane) (CAS 124782-15-6);
TAT (1,3,5,7-tetraacetyl-1,3,5,7-tetraaza cyclo-octane) (CAS 41378-98-7);
1,4,5,8-tetraazadecalin (CAS 5409-42-7);
1,3,5-trichlorobenzene (CAS 108-70-3);
1,2,4-trihydroxybutane (1,2,4-butanetriol) (CAS 3068-00-6).
ML9 Vessels, special naval equipment and accessories, as follows, and components therefor specially designed or modified for military use:
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.
ML10 “Aircraft”, unmanned airborne vehicles, aero engines and “aircraft” equipment, related “goods” and components, specially designed or modified for military use, as follows:
a.Combat “aircraft” and components therefor specially designed or modified for military use;
b.Other “aircraft” specially designed or modified for military use, including military reconnaissance, assault, military training, transporting and airdropping troops or military equipment, logistics support, and components therefor specially designed or modified for military use;
c.Unmanned airborne vehicles, including remotely piloted air vehicles (RPVs) and autonomous, programmable vehicles specially designed or modified for military use and their launchers, ground support and related equipment for command and control and components therefor specially designed or modified for military use;
d.Aero-engines specially designed or modified for military use, and components therefor specially designed or modified for military use;
e.Airborne equipment, including airborne refuelling equipment, specially designed for use with the “aircraft” specified in entry ML10.a. or ML10.b. or the aero-engines specified in entry ML10.d. and components therefor specially designed or modified for military use;
f.Pressure refuellers, pressure refuelling equipment, equipment specially designed to facilitate operations in confined areas and ground equipment, developed specially for “aircraft” specified in entry ML10.a. or ML10.b., or for aero-engines specified in entry ML10.d.;
g.Pressurised breathing equipment and partial pressure suits for use in “aircraft”, anti-g suits, military crash helmets and protective masks, liquid oxygen converters used for “aircraft” or missiles, and catapults and cartridge actuated devices for emergency escape of personnel from “aircraft”;
h.Parachutes used for combat personnel, cargo dropping or “aircraft” deceleration, as follows:
a.Pin point dropping of military personnel;
b.Dropping of paratroopers;
3.Paragliders, drag parachutes, drogue parachutes for stabilisation and attitude control of dropping bodies, (e.g. recovery capsules, ejection seats, bombs);
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;
i.Automatic piloting systems for parachuted loads; equipment specially designed or modified for military use for controlled opening jumps at any height, including oxygen equipment.
ML11 Electronic equipment, not controlled elsewhere in this Part of this Schedule, specially designed for military use and specially designed components therefor.
ML12 High velocity kinetic energy weapon 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;
b.Specially designed test and evaluation facilities and test models, including diagnostic instrumentation and targets, for dynamic testing of kinetic energy projectiles and systems.
N.B.: For weapon systems using sub-calibre ammunition or employing solely chemical propulsion, and ammunition therefor, see entries ML1 to ML4.
ML13 Armoured or protective equipment and constructions and components, as follows:
a.Armoured plate as follows:
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, and specially designed components therefor;
a.Conventional steel helmets, neither modified or designed to accept, nor equipped with any type of accessory device;
b.Helmets manufactured before 1945;
d.Body armour and flak suits manufactured according to military standards or specifications, or equivalent, and specially designed components therefor;
Individual suits of body armour for personal protection and accessories therefor when accompanying their users.
PL5014 Specially designed components for the “goods” specified in entries ML13.a. and ML13.c.
ML14 Specialised equipment for military training or for simulating military scenarios, simulators specially designed for training in the use of any firearm or weapon specified 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;
e.Imaging radar sensor equipment;
f.Countermeasure or counter-countermeasure equipment for the equipment specified in entries ML15.a. to ML15.e.;
“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.: For weapons sights incorporating “first generation image intensifier tubes”, see entries ML1, ML2 and ML5.
ML16 Forgings, castings and other unfinished products the use of which in a controlled product is identifiable by material composition, geometry or function, and which are specially designed for any of the “goods” specified in entries ML1 to ML4, ML6, ML9, ML10, ML12 and ML19.
PL5020 Forgings, castings and semi-finished products specially designed for “goods” specified in entry PL5006 or PL5018.
ML1 Miscellaneous “goods”, materials 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 (ie, specially designed to be non-magnetic);
2.Specially designed components for use in the conversion of open-circuit apparatus to military use;
3.Articles 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;
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 (eg, incorporating self-sealing lines) and designed to use hydraulic fluids with flash points higher than 839K (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 specified in this Part of this Schedule;
g.Nuclear power generating equipment or propulsion equipment, including “nuclear reactors”, specially designed for military use and components therefor specially designed or modified for military use;
h.“Goods” and material, coated or treated for 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 to service military equipment;
k.Field generators specially designed for military use;
l.Containers specially designed for military use;
m.Ferries, other than those specified elsewhere in this Part, bridges and pontoons, specially designed for military use;
n.Test models specially designed for the “development” of “goods” or “technology” specified in ML4, ML6, ML9 or ML10.
For the purpose of entry ML17, the term “library” (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.
ML18 Equipment for the production (including design, examination, manufacture, testing and checking) of “goods” referred to in this Part of this Schedule, as follows:
a.Specially designed or modified production equipment for the production of products specified 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 products specified in this part of this Schedule.
PL5017 Equipment and test models other than those specified by entry ML11 or ML17.n specially designed or modified for the “development” or use of military “goods” specified in this Part of this Schedule.
ML19 Directed energy weapon systems (DEW), 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 specified in entries ML19.a. to ML19.c.;
e.Physical test models and related test results for the systems, equipment and components specified in this entry;
f.Continuous wave or pulsed “laser” systems specially designed to cause permanent blindness to unenhanced 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:
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 103K (−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;
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 materials specified in this Part of this Schedule;
b.Specific “software”, as follows:
1.“Software” specially designed for:
a.Modelling, simulation or evaluation or military weapon systems;
b.“Development”, monitoring, maintenance or up-dating of “software” embedded in military weapon systems;
c.Modelling or simulating military operation scenarios, not specified 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 under entry ML21.a., or ML21.b.1. or ML21.b.2., specially designed or modified to enable equipment not specified in this Part of this Schedule to perform military functions of equipment specified in any of the following entries: ML5, ML7.f., ML9, ML10.e., ML11, ML14, ML15, ML17.i. and ML18.
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 specialised components therefor;
b.Anti-riot and ballistic shields and specially designed components therefor;
c.Restraints specially designed for restraining human beings, as follows:
3.Electric shock belts;
4.Shackles having a maximum locked dimension exceeding 240mm overall (i.e., including cuffs and connecting chain);
5.Individual cuffs having an internal perimeter dimension when fully locked exceeding 165mm and shackles made therewith;
d.Portable anti-riot devices for administering an incapacitating substance, and specialised components therefor;
e.Water cannon and 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 (including 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” specified in this Part of this Schedule, other than “technology” specified in ML7;
b.“Technology” specific to the design of, the assembly of components into, and the operation, maintenance and repair of complete production installations for products referred to in this Part, even if the components of such production installations are not controlled.”.
SCHEDULE 2MODIFICATIONS TO THE PRINCIPAL ORDER
Short title or title
Extent of revocation
The Export of Goods (Control) Order 1994
In Schedule 1, Part 1, Group 2, delete paragraphs 1, 2 and 3.
The Export of Goods (Control) Order 1994
In Schedule 1, Part III, delete the General Technology Note, Definitions, ML1, ML2, ML3, ML4, ML5, ML6, ML7, ML8, ML9, ML10, ML11, ML12, ML13, ML14, ML15, ML16, ML17, ML18, ML19, ML20, ML21, ML22 and PL5006, PL5030, PL5031, PL5014, PL5020, PL5017, PL5001, PL5002, PL5018, PL5021, PL5033 and PL5034.
The Export of Goods (Control) Order 1994
In Schedule 3, delete the words “Angola”.
The Export of Goods (Control) (Amendment) Order 2003
The Whole Order.
(This note is not part of the Order)
This Order repeats the contents of the Export of Goods (Control) (Amendment) Order 2003 (S.I. 1905/2003), which proposed various amendments to the Export of Goods (Control) Order 1994, and revokes S.I. 1905/2003 due to an error in Part III, Schedule 1 at ML6.
Article 1 provides for the citation and commencement of the Order, and defines the Export Control of Goods (Control) Order 1994 as the “principal Order”.
Article 2 gives effect to the modifications specified in Schedules 1 (amendment) and 2 (revocations).
Schedule 1 replaces the current Group 2 of the principal Order (Explosive related good list) with Schedule 1 to this Order, and also makes technical amendments to the Military List to reflect changes agreed at the Wassenaar Plenary in December 2002, which reflect current technological usage.
Schedule 2 makes various revocations and removes Angola from the principal Order, as Angola is no longer subject to an UN arms embargo.
1939 c. 69.
S.I. 1994/1191: Schedule 1, Group 2, Part I, as amended by S.I. 1997/2758, S.I. 1999/63 and S.I. 2001/729; Schedule 1, Part III, as amended by S.I. 1996/2663, S.I. 1997/1008, S.I. 1997/2758, S.I. 1999/63, S.I. 1999/1777, S.I. 2000/1239, S.I. 2000/2264, S.I. 2001/729, and S.I. 2002/2059; and Schedule 3, as amended by S.I. 1994/2711 and S.I. 1997/323.
O.J. No. L159, 30.6.2000, as amended by Council Regulation (EC) No. 149/2003 O.J. No. L30. 5.2.2003.
1996 c. 6.
See also entry ML10.g.