UK Statutory Instrument SI 2008 United Kingdom

Export Control Order 2008

This Order consolidates Orders made under the Export Control Act 2002, with some changes. As a consequence the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003, the Trade in Goods (Control) Order 2003, the Trade in Controlled Goods (Embargoed Destinations) Order 2004 and the …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
ECJU
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 16 of 40 obligations carry an unlimited fine. 22 carry different penalties and 2 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person32 Responsible Person2 Trader2 Applicant1

Plus 3 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 2340 other Acts
Responsible Person — also bound by 108 other Acts
MH(CT)(S)A 2003 30 duties
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Applicant — also bound by 307 other Acts

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.

Part 1

INTRODUCTORY

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.001 Citation and commencement (opens in a new tab)
s.002 Interpretation (opens in a new tab)
s.crown application Crown application
Part 2

EXPORT AND TRANSFER CONTROLS

10 of 22 sections shown
s.003 Military goods, etc. (opens in a new tab) Prosecution
  • Do not export military goods or technology without a licenseAny Person

Unlimited fine

s.004 Movement of UK controlled dual-use goods, etc. to certain destinations (opens in a new tab) Prosecution
  • Do not export dual-use goods to prohibited destinationsAny Person

Unlimited fine

s.006 WMD purposes end-use control supplementing the dual-use Regulation (opens in a new tab) Imprisonment
  • Check for WMD risks before exporting dual-use itemsAny Person
s.008 Transit controls supplementing the dual-use Regulation (opens in a new tab) Imprisonment
  • Check transit and export controls for dual-use goodsTrader
s.010 Transfers within the United Kingdom for WMD purposes (opens in a new tab) Prosecution
  • Do not transfer software or technology internally for WMD purposesAny Person

Unlimited fine

s.011 Transfers from outside the United Kingdom for WMD purposes (opens in a new tab) Imprisonment
  • Do not transfer software or technology for WMD purposes from abroadAny Person
s.012 Transfers by non-electronic means from the United Kingdom for WMD purposes (opens in a new tab) Imprisonment
  • Do not transfer WMD-related technology by post or physical meansAny Person
s.art004 Movement of certain medicinal products to the United States of America Prosecution
  • Do not export specific medicinal products to the United StatesAny Person

Unlimited fine

s.art009 General prohibition Prosecution
  • Do not export goods that are subject to export controlsAny Person

Unlimited fine

s.art012 Military end-use control supplementing the dual-use Regulation Imprisonment
  • Do not export dual-use items to restricted military entities if notifiedResponsible Person
12 other sections in this Part — procedural and definitional
s.005 Movement of UK controlled dual-use goods, etc. within the customs territory (opens in a new tab)
s.007 Control on transfers within the customs territory supplementing the dual-use Regulation (opens in a new tab)
s.009 Provisions supplementing the torture Regulation (opens in a new tab)
s.013 Exceptions for aircraft (opens in a new tab)
s.014 Exceptions for vessels (opens in a new tab)
s.015 Exception for firearms – European firearms pass (opens in a new tab)
s.016 Exception for firearms – firearm or shot gun certificate or permit (opens in a new tab)
s.017 Transit or transhipment exception (opens in a new tab)
s.018 Software and technology exceptions (opens in a new tab)
s.exception for historic military vehicles Exception for historic military vehicles
s.exceptions to military end-use control supplementi Exceptions to military end-use control supplementing the dual-use Regulation
s.movement of libyan bank notes and coins Movement of Libyan bank notes and coins
Part 3

TECHNICAL ASSISTANCE CONTROLS

1 of 1 section shown
s.019 End-use control on technical assistance (opens in a new tab) Imprisonment
  • Do not provide technical assistance for WMD purposesAny Person
Part 4

TRADE CONTROLS

4 of 6 sections shown
s.020 Embargoed destinations (opens in a new tab) Prosecution
  • Do not trade controlled goods between third countries and embargoed nationsAny Person

Unlimited fine

s.021 Category A goods (opens in a new tab) Prosecution
  • Do not trade 'Category A' goods between third countries without a licenceAny Person

Unlimited fine

s.022 Category B goods (opens in a new tab) Prosecution
  • Do not trade 'Category B' goods between third countries without a licenceAny Person

Unlimited fine

s.023 Category C goods (opens in a new tab) Prosecution
  • Do not trade Category C goods between third countries without a licenceAny Person

Unlimited fine

2 other sections in this Part — procedural and definitional
s.024 Exception for movement of goods within the customs territory (opens in a new tab)
s.025 Exception for activities carried out in the Isle of Man (opens in a new tab)
Part 5

LICENCES, ETC.

4 of 10 sections shown
s.028 Registration with the Secretary of State (opens in a new tab) Prosecution
  • Register with the Secretary of State to use general export licencesAny Person

Unlimited fine

s.029 Record keeping – general (opens in a new tab) Prosecution
  • Keep detailed records of exports and controlled activitiesAny Person

Unlimited fine

s.031 Inspection of records (opens in a new tab) Prosecution
  • Allow inspection and copying of export recordsResponsible Person

Unlimited fine

s.033 Licence refusals, etc. and appeals (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must provide written reasons for licence decisionsCrown / Minister / Government department
6 other sections in this Part — procedural and definitional
s.026 Licences (opens in a new tab)
s.027 Person authorised by UK licence to export goods (opens in a new tab)
s.030 Registration and record keeping – information security items (opens in a new tab)
s.032 Amendment, suspension and revocation of licences (opens in a new tab)
s.certificates (european military items) Certificates (European military items)
s.certificates: refusals, etc. and appeals Certificates: refusals, etc. and appeals
Part 6

OFFENCES, ENFORCEMENT AND PENALTIES

9 of 10 sections shown
s.034 Offences relating to prohibitions in Parts 2, 3 and 4 (opens in a new tab) Prosecution
  • Breach a Part 2 or Part 4 export prohibitionAny Person

Fine up to £2,500

s.035 Offences relating to prohibitions and restrictions in the assimilated dual-use Regulation (opens in a new tab) Imprisonment
  • Breach export‑control prohibitions or fail to give required informationAny Person
s.036 Offences relating to prohibitions and restrictions in the torture Regulation (opens in a new tab) Prosecution
  • Export technical assistance breach (article 3(1) prohibition)Any Person

Fine up to £2,500

s.037 Misleading applications for licences ... (opens in a new tab) Imprisonment
  • Submit false or reckless information in export licence applicationsAny Person
s.038 Failure to comply with licence conditions (opens in a new tab) Imprisonment
  • Fail to comply with export licence conditionsAny Person
s.039 Customs powers to require evidence of destination (opens in a new tab) Prosecution
  • Fail to provide evidence of export destinationAny Person

Fine up to £2,500

s.041 Application of CEMA in respect of offences (opens in a new tab) Imprisonment
  • Breach export controls or provide false informationAny Person
s.042 Increase of maximum penalty for prohibited exportation provided for in CEMA (opens in a new tab) Imprisonment
  • Export prohibited goods – up to 10‑year imprisonmentAny Person
s.art036 Further offences relating to the prohibitions etc. in the torture Regulation Imprisonment
  • Breach of torture regulation prohibitions (transit, brokering, training, trade fairs, advertising, authorisation)Any Person
1 other section in this Part — procedural and definitional
s.040 Customs powers relating to dual-use goods (opens in a new tab)
Part 6

Provisions relating to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement

11 of 21 sections shown
s.art042 Record-keeping requirement: EU-listed military item supplier Prosecution
  • Keep detailed records of military items exported from NI to the EUTrader

Unlimited fine

s.art042 Offence to contravene article 42B Imprisonment
  • Fail to comply with export licence conditions (article 42B)Any Person
s.art042 Applying for certificate Prosecution
  • Provide necessary information when applying for an export certificateApplicant

Unlimited fine

s.art042 Establishing reliability of Northern Ireland recipient undertaking Prosecution
Other duties (1) — Crown / regulator
  • Secretary of State must assess reliability of Northern Ireland military exportersCrown / Minister / Government department

Unlimited fine

s.art042 Offence relating to misleading application for certificate Imprisonment
  • Make a misleading application for an export certificateAny Person
s.art042 Offence to contravene article 42L Imprisonment
  • Export or transfer prohibited goods under article 42LAny Person
s.art042 Authorisation requirement: Article 11(1) of the EU dual-use Regulation Imprisonment
Other duties (1) — Crown / regulator
  • Secretary of State may grant export licences for dual-use itemsCrown / Minister / Government department
s.art042 Record-keeping requirement: Article 27(4) of the EU dual-use Regulation Prosecution
  • Keep registers and records for dual-use item exportsAny Person

Unlimited fine

s.art042 Offences relating to prohibitions and restrictions in the EU dual-use Regulation Prosecution
  • Contravene listed goods or end‑use controls (EU dual‑use)Any Person

Fine up to £1,000

s.art042 Export control in relation to Northern Ireland: leg irons, gang chains, and portable electric shock devices Imprisonment
  • Obtain a licence to export electric shock or restraint goods from NI to the EUAny Person
s.art042 Offence to contravene article 42S Imprisonment
  • Export prohibited items in breach of article 42SAny Person
10 other sections in this Part — procedural and definitional
s.appeal of secretary of state decision Appeal of Secretary of State decision
s.exception in relation to northern ireland: categor Exception in relation to Northern Ireland: category A and C goods
s.exception in relation to northern ireland: eu good Exception in relation to Northern Ireland: EU goods in transit
s.exception in relation to northern ireland: europea Exception in relation to Northern Ireland: European firearms pass holders
s.exceptions in relation to northern ireland: dual-u Exceptions in relation to Northern Ireland: dual-use goods, software, and technology
s.export and transfer control in relation to norther Export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology
s.interpretation Interpretation
s.secretary of state may amend, suspend, and revoke Secretary of State may amend, suspend, and revoke certificate
s.secretary of state may certify northern ireland re Secretary of State may certify Northern Ireland recipient undertaking
s.secretary of state may grant certificate Secretary of State may grant certificate
Part 7

GENERAL

1 of 4 sections shown
s.044 Service of notices (opens in a new tab) Regulated
  • Submit notices to the Secretary of State correctlyAny Person
3 other sections in this Part — procedural and definitional
s.043 Use and disclosure of information (opens in a new tab)
s.045 Revocations and transitional arrangements (opens in a new tab)
s.046 Review of the implementation of the defence-related products Directive (opens in a new tab)
Schedules

Schedules

0 of 18 shown
18 other schedules
s.sch001 Accessories and ammunition for small arms and light weapons within ML1 and ML2
s.sch001 Non-military Firearms
s.sch001 Light weapons within ML4
s.sch001 Ammunition for light weapons within ML4
s.sch001 Hand grenades
s.sch001 MANPADS, missiles for them, associated equipment and their specially designed components
s.sch001 Long-range missiles
s.sch001 Anti-vehicle landmines
s.sch001 Components for “goods” within this Part
s.sch001 Battle tanks and armoured combat vehicles within ML6
s.sch001 Large-calibre artillery systems within ML2 and ML4
s.sch001 Combat aircraft and attack helicopters within ML10
s.sch001 Warships within ML9
s.sch001 Other missiles and missile launchers
s.sch001 Small arms and light weapons within ML1 and ML2
s.sch005 In this Schedule— “business or academic collaborator”, in relation to...
s.sch005 The information security items specified in this Schedule are the...
s.sch005 The information specified in this Schedule is—
1 other provision
s.para.78 Definitions

Help complying

Guvnor’s practical routes through this instrument.

Manage your export compliance

Ongoing compliance for established exporters - export controls, sanctions, bribery prevention, and regulatory requirements

Export controlled goods and dual-use items

Compliance-critical guidance for exporting military items, dual-use technology, or goods subject to sanctions - with penalties up to 10 years imprisonment

Grow your tech business

Scale your tech business - funding, international expansion, investment, and preparing for exit

Start a fintech business

Launch a financial technology business requiring FCA authorisation

Run a tech business

Ongoing compliance, operations, and growth guidance for established UK tech and software businesses

Tech Sector Licensing and Authorisations

Comprehensive guide to licences and regulatory authorisations required for technology businesses - telecommunications, financial services, intellectual property, export controls, and product safety.

UK Export Controls for Defence Products

Navigate UK Strategic Export Control requirements for military and dual-use goods.

Understanding UK export licensing and controls

When you need an export licence, how to apply, and the serious penalties for exporting controlled goods without authorisation.
4 more guides that reference this instrument
Export Control (Dual-Use Technology) ITAR Compliance for UK Companies Vehicle and transport equipment manufacturer: compliance checklist Tech Sector Compliance Overview

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