UK Statutory Instrument SI 2004/3101 United Kingdom

The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Imprisonment 3 of 23 obligations carry an unlimited fine. 6 carry different penalties and 14 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person17 Trader1 Director or Officer1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Trader — also bound by 864 other Acts
Companies Act 2006 244 duties
Companies Act 1985 85 duties
Director or Officer — also bound by 482 other Acts
Companies Act 2006 126 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.art006 Duty to make available Schedules Regulated
Other duties (1) — Crown / regulator
  • Governor must make UK Order schedules available to people in the TerritoryCrown / Minister / Government department
s.art007 European Community matters Regulated
Other duties (1) — Crown / regulator
  • Governor must make available EU dual-use export control texts and listsCrown / Minister / Government department
6 other provisions — procedural and definitional
s.art001 Citation
s.art002 Extent and interpretation
s.art003 Extension of Order to territories
s.art004 Guidance about the exercise of functions under this Order
s.art005 Application to the Sovereign Base Areas of Akrotiri and Dhekelia of provisions relating to penalties for offences and proceedings
s.art008 Exercise of powers of the Governor
Schedules

Schedules

21 of 33 shown
s.sch002 End-use control on technical assistance Regulated
  • You must not provide technical assistance for weapons-related end usesAny Person
s.sch002 Registration with the Governor Regulated
  • Register with Governor within 30 days of using an export/trade control licenceAny Person
s.sch002 Record keeping and inspection Regulated
  • Keep detailed records of controlled exports under a general licence and allow inspectionAny Person
s.sch002 Licence refusals Regulated
Other duties (1) — Crown / regulator
  • Governor must notify licence refusals, suspensions and revocations in writingCrown / Minister / Government department
s.sch002 Offences and penalties Prosecution
  • Breach export controls or evade export prohibitionsAny Person

Unlimited fine

s.sch002 Misleading applications for licences Prosecution
  • Make false statement to obtain export licenceAny Person

Unlimited fine

s.sch002 Failure to comply with licence conditions Prosecution
  • Fail to comply with export licence conditionsAny Person

Unlimited fine

s.sch002 Customs powers to require evidence of destination Prosecution
  • Fail to provide proof of export destination when requiredAny Person

Fine up to £5,000

s.sch002 Application of customs and excise laws Regulated
Other duties (1) — Crown / regulator
  • Customs authorities must enforce export control provisionsStatutory regulator
s.sch002 Export of military and certain other goods Regulated
  • Do not export military or other Schedule 1 goods without a licenceAny Person
s.sch002 Export of dual-use goods and end-use control Regulated
  • Do not export controlled goods without a licenceAny Person
s.sch002 End-use control and goods in transit Regulated
  • Do not export in-transit goods destined for prohibited end-usesTrader
s.sch002 Electronic transfer of controlled military and certain other technology Regulated
  • Do not transfer controlled military software/technology electronically without a licenceAny Person
s.sch002 Electronic transfer of controlled dual-use technology and software and end-use controls Regulated
  • Do not electronically transfer controlled dual-use software/technology without a licenceAny Person
s.sch002 Electronic transfer of all software and technology and end-use controls Regulated
  • Do not electronically transfer software/technology for a relevant end-use outside the Territory/ECAny Person
s.sch002 Non-electronic transfer of all software and technology and end-use controls Regulated
  • Obtain a licence for non-electronic transfers of controlled software/technologyAny Person
s.sch004 Any person who commits an offence under paragraph 16(1) or... Prosecution
  • Breach export control rules for goods, software or technologyAny Person

Fine up to £5,000

s.sch004 Any person who commits an offence under paragraph 16(2) of... Imprisonment
  • Breach export control requirementsAny Person
s.sch004 Any person who commits an offence under paragraph 16(4) or... Imprisonment
  • Commit an offence under export control requirementsAny Person
s.sch004 Any person who commits an offence under paragraph 16(7), 17(1)... Imprisonment
  • Commit an export control offence (goods/technology/technical assistance)Any Person
s.sch004 Where a body corporate is guilty of an offence under... Regulated
  • Officer liable when company commits offence with their consent or neglectDirector or Officer
12 other schedules
s.sch002 Commencement
s.sch002 Aircraft, vessels, firearms and ammunition and goods transit
s.sch002 Licences
s.sch002 Interpretation
s.sch002 Customs powers
s.sch002 Use and disclosure of information
s.sch002 Service of notices
s.sch002 Repeals and revocations
s.sch002 Transitional arrangements
s.sch004 Proceedings for a misdemeanour under this Order, being an offence...
s.sch004 Proceedings against any person for an offence under this Order...
s.sch004 No proceedings for an offence under this Order shall be...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.