Captured statutory text (L5)
21 Interpretation of this Part
(1)In this Part—
“aviation and space goods” means—
any thing specified in Schedule 2C, other than any thing which is aviation and space technology, and
any tangible storage medium on which aviation and space technology is recorded or from which it can be derived;
“aviation and space technology” means any thing described in Schedule 2C as software or technology;
“brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—
the selection or introduction of persons as parties or potential parties to the arrangement,
the negotiation of the arrangement,
the facilitation of anything that enables the arrangement to be entered into, and
the provision of any assistance that in any way promotes or facilitates the arrangement;
“coal and coal products” means any thing specified in Schedule 3H;
“critical-industry goods” means—
any thing specified in Schedule 2A, other than—
any thing which is critical-industry technology, or
any thing for the time being specified in—
Schedule 2 ... to the Export Control Order 2008, ...
Annex I of the Dual-Use Regulation, or
Part 3 of Schedule 3C, and
any tangible storage medium on which critical-industry technology is recorded or from which it can be derived;
“critical-industry technology” means any thing described in Schedule 2A as software or technology, other than any thing for the time being specified in—
Schedule 2 ... to the Export Control Order 2008, ...
Annex I of the Dual-Use Regulation; or
Part 3 of Schedule 3C,
“defence and security goods” means—
interception and monitoring goods,
internal repression goods, ...
goods relating to chemical and biological weapons , and
engineering biology - ancillary goods;
“defence and security technology” means—
interception and monitoring technology,
internal repression technology, and
technology relating to chemical and biological weapons;
“dual-use goods” means—
any thing for the time being specified in Annex I of the Dual-Use Regulation, other than any thing which is dual-use technology, and
any tangible storage medium on which dual-use technology is recorded or from which it can be derived;
“the Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;
“dual-use technology” means any thing for the time being specified in Annex I of the Dual-Use Regulation which is described as software or technology;
“energy-related goods” means any thing falling within Part 2 of Schedule 3;
“energy-related technology” means any thing described in Schedule 3 as technology other than any thing for the time being specified in—
Schedule 2 to the Export Control Order 2008;
Annex 1 of the Dual-Use Regulation,
(but see paragraph (4CA));
“engineering biology - ancillary goods” means any thing specified in Part 5 of Schedule 3C;
“G7 dependency and further goods” means any thing specified in Schedule 3E other than any thing for the time being specified in—
Schedule 2 ... to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation, or
Schedule 2A;
“G7 dependency and further technology” means any thing described in Schedule 3E as technology other than any thing for the time being specified in—
Schedule 2 to the Export Control Order 2008;
Annex 1 of the Dual-Use Regulation,
(but see paragraph (4CA));
“gold” means the gold and products related to gold specified in Part 2 of Schedule 3G;
“gold jewellery” means the gold products specified in Part 3 of Schedule 3G;
“goods relating to chemical and biological weapons” means—
any thing specified in Part 4 of Schedule 3C, other than technology relating to chemical and biological weapons (but see paragraph (4A)), and
any tangible storage medium on which technology relating to chemical and biological weapons is recorded or from which it can be derived ,
other than any thing for the time being specified in Schedule 2 to the Export Control Order 2008 or in Annex 1 of the Dual-Use Regulation;
“infrastructure-related goods” means any thing falling within Part 3 of Schedule 3;
“interception and monitoring goods” means any item mentioned in paragraph (a) or (b), provided that it may be used for interception and monitoring services—
a relevant Part 2 item,
any tangible storage medium on which interception and monitoring technology is recorded or from which it can be derived;
“interception and monitoring technology” means any thing—
which is described as software in paragraph 2 of Part 2 of Schedule 3C provided that it may be used for interception and monitoring services, and
which is described as other software or other technology in paragraph 3 of Part 2 of Schedule 3C (but see paragraph (4C));
“internal repression goods” means—
any thing specified in Part 3 of Schedule 3C, other than—
any thing which is internal repression technology,
any thing for the time being specified in Schedule 2 to the Export Control Order 2008, or
any thing for the time being specified in Annex Ⅰ of the Dual-Use Regulation, and
any tangible storage medium on which internal repression technology is recorded or from which it can be derived;
“internal repression technology” means any thing which is described in Part 3 of Schedule 3C as software or technology;
“luxury goods” means any thing specified in Schedule 3A, other than any thing for the time being specified in—
Schedule 2 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation, or
Schedule 2A;
“maritime goods” and “maritime technology” mean respectively any goods and technology specified in Chapter 4 (Navigation Equipment) and Chapter 5 (Radio-Communication Equipment) of Annex 1 of the Merchant Shipping Notice 1874 but not including any thing in those Chapters for the time being specified in—
Schedule 2 to the Export Control Order 2008,
Annex I to the Dual Use Regulation, or
Schedule 2A;
“medical device” means—
a medical device within the meaning given in regulation 2 of the Medical Devices Regulations 2002 in so far as those Regulations apply to England, Wales and Scotland, and
a medical device within the meaning given in—
article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC, and
article 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU,
in so far as those Regulations apply to Northern Ireland;
“military goods” means—
any thing for the time being specified in Schedule 2 to the Export Control Order 2008 , other than any thing which is military technology, and
any tangible storage medium on which military technology is recorded or from which it can be derived;
“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;
“oil and oil products” means any thing specified in Schedule 3F;
“oil refining goods” means—
any thing specified in Schedule 2D, other than—
any thing which is oil refining technology, or
any thing for the time being specified in—
Schedule 2 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation,
Schedule 2A, or
Part 2 of Schedule 3, and
any tangible storage medium on which oil refining technology is recorded or from which it can be derived;
“oil refining technology” means any thing described in Schedule 2D as software or technology, other than any thing for the time being specified in —
Schedule 2 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation, or
Schedule 2A;
...
“quantum computing and advanced materials goods” means—
any thing specified in Schedule 2E, other than—
any thing which is quantum computing and advanced materials technology, or
any thing for the time being specified in—
Schedule 2 ... to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation,
Schedule 2A,
Schedule 2C,
Schedule 2D, or
Part 2 of Schedule 3, and
any tangible storage medium on which quantum computing and advanced materials technology is recorded or from which it can be derived;
“quantum computing and advanced materials technology” means any thing described in Schedule 2E as software or technology, other than anything for the time being specified in—
Schedule 2 ... to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation,
Schedule 2A,
Schedule 2C, or
Schedule 2D.
restricted goods” means—
critical-industry goods;
dual-use goods;
military goods;
aviation and space goods;
oil refining goods;
quantum computing and advanced materials goods;
defence and security goods;
maritime goods;
“restricted technology” means—
critical-industry technology;
dual-use technology;
military technology;
aviation and space technology;
oil refining technology;
quantum computing and advanced materials technology;
defence and security technology;
maritime technology;
“Russia’s vulnerable goods” means any thing specified in Schedule 3I other than any thing for the time being specified in—
Schedule 2 ... to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation, or
Schedule 2A;
“Russia’s vulnerable technology” means any thing described in Schedule 3I as technology other than any thing for the time being specified in—
Schedule 2 to the Export Control Order 2008;
Annex 1 of the Dual-Use Regulation,
(but see paragraph (4CA));
“sectoral software and technology” means any thing described in Schedule 3IA other than any thing for the time being specified in—
Schedule 2 to the Export Control Order 2008;
Annex 1 of the Dual-Use Regulation,
(but see paragraph (4CB));
“technical assistance”, in relation to goods or technology, means—
technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or
any other technical service relating to the goods or technology;
...
“technology relating to chemical and biological weapons” means any thing specified as technology or software in Part 4 of Schedule 3C (except any thing for the time being specified in Schedule 2 to the Export Control Order 2008 or in Annex 1 of the Dual-Use Regulation), other than technology which is—
the minimum necessary for—
the installation, operation, maintenance and repair of any goods which are not subject to a prohibition under this Part, or
patent applications,
in the public domain,
a medical device, or
used for basic scientific research;
“transfer” has the meaning given in paragraph 37 of Schedule 1 to the Act.
(2)For the purposes of this Part, a person is to be regarded as “connected with” Russia if the person is—
(a)an individual who is, or an association or combination of individuals who are, ordinarily resident in Russia,
(b)an individual who is, or an association or combination of individuals who are, located in Russia,
(c)a person, other than an individual, which is incorporated or constituted under the law of Russia, or
(d)a person, other than an individual, which is domiciled in Russia.
(3)For the purposes of this Part, a person is to be regarded as “connected with” non-government controlled Ukrainian territory if the person is—
(a)an individual who is, or an association or combination of individuals who are, ordinarily resident in non-government controlled Ukrainian territory,
(b)an individual who is, or an association or combination of individuals who are, located in non-government controlled Ukrainian territory, or
(c)a person, other than an individual, which has its registered office, central administration or principal place of business located in non-government controlled Ukrainian territory.
(4)Paragraphs 32 to 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.
(4A)The definition of “goods relating to chemical and biological weapons” does not apply to anything specified in Part 4 of Schedule 3C—
(a)which is—
(i)a pharmaceutical formulation designed for human administration in the treatment of a medical condition; and
(ii)pre-packaged for distribution as a medicinal product; or
(b)which is a medical device.
(4B)For the purpose of the definition of “interception and monitoring goods” in paragraph (1) “a relevant Part 2 item” means any thing described in Part 2 of Schedule 3C, other than—
(a)any thing which is interception and monitoring technology, or
(b)any thing for the time being specified in—
(i)Schedule 2 to the Export Control Order 2008, or
(ii)Annex Ⅰ of the Dual-Use Regulation.
(4C)The definition of “interception and monitoring technology” does not apply to software which is—
(a)generally available to the public, or
(b)in the public domain.
(4CA)The definitions of “energy-related technology”, “G7 dependency and further technology” and “Russia’s vulnerable technology” do not apply to technology which is—
(a)in the public domain; or
(b)basic scientific research.
(4CB)The definition of “sectoral software and technology” in paragraph (1) does not apply to software or technology which is—
(a)in the public domain; or
(b)used for basic scientific research.
(4D)For the purposes of this Part, the following terms have the meaning given to them in the Dual-Use Regulation—
“basic scientific research”;
“in the public domain”.
(5)In this Part, any reference to the United Kingdom includes a reference to the territorial sea.
Full captured verbatim text
(1) In this Part— “aviation and space goods” means— any thing specified in Schedule 2C, other than any thing which is aviation and space technology, and any tangible storage medium on which aviation and space technology is recorded or from which it can be derived; “aviation and space technology” means any thing described in Schedule 2C as software or technology; “brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)— the selection or introduction of persons as parties or potential parties to the arrangement, the negotiation of the arrangement, the facilitation of anything that enables the arrangement to be entered into, and the provision of any assistance that in any way promotes or facilitates the arrangement; “coal and coal products” means any thing specified in Schedule 3H; “critical-industry goods” means— any thing specified in Schedule 2A, other than— any thing which is critical-industry technology, or any thing for the time being specified in— Schedule 2 ... to the Export Control Order 2008, ... Annex I of the Dual-Use Regulation, or Part 3 of Schedule 3C, and any tangible storage medium on which critical-industry technology is recorded or from which it can be derived; “critical-industry technology” means any thing described in Schedule 2A as software or technology, other than any thing for the time being specified in— Schedule 2 ... to the Export Control Order 2008, ... Annex I of the Dual-Use Regulation; or Part 3 of Schedule 3C, “defence and security goods” means— interception and monitoring goods, internal repression goods, ... goods relating to chemical and biological weapons , and engineering biology - ancillary goods; “defence and security technology” means— interception and monitoring technology, internal repression technology, and technology relating to chemical and biological weapons; “dual-use goods” means— any thing for the time being specified in Annex I of the Dual-Use Regulation, other than any thing which is dual-use technology, and any tangible storage medium on which dual-use technology is recorded or from which it can be derived; “the Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items; “dual-use technology” means any thing for the time being specified in Annex I of the Dual-Use Regulation which is described as software or technology; “energy-related goods” means any thing falling within Part 2 of Schedule 3; “energy-related technology” means any thing described in Schedule 3 as technology other than any thing for the time being specified in— Schedule 2 to the Export Control Order 2008; Annex 1 of the Dual-Use Regulation, (but see paragraph (4CA)); “engineering biology - ancillary goods” means any thing specified in Part 5 of Schedule 3C; “G7 dependency and further goods” means any thing specified in Schedule 3E other than any thing for the time being specified in— Schedule 2 ... to the Export Control Order 2008, Annex 1 of the Dual-Use Regulation, or Schedule 2A; “G7 dependency and further technology” means any thing described in Schedule 3E as technology other than any thing for the time being specified in— Schedule 2 to the Export Control Order 2008; Annex 1 of the Dual-Use Regulation, (but see paragraph (4CA)); “gold” means the gold and products related to gold specified in Part 2 of Schedule 3G; “gold jewellery” means the gold products specified in Part 3 of Schedule 3G; “goods relating to chemical and biological weapons” means— any thing specified in Part 4 of Schedule 3C, other than technology relating to chemical and biological weapons (but see paragraph (4A)), and any tangible storage medium on which technology relating to chemical and biological weapons is recorded or from which it can be derived , other than any thing for the time being specified in Schedule 2 to the Export Control Order 2008 or in Annex 1 of the Dual-Use Regulation; “infrastructure-related goods” means any thing falling within Part 3 of Schedule 3; “interception and monitoring goods” means any item mentioned in paragraph (a) or (b), provided that it may be used for interception and monitoring services— a relevant Part 2 item, any tangible storage medium on which interception and monitoring technology is recorded or from which it can be derived; “interception and monitoring technology” means any thing— which is described as software in paragraph 2 of Part 2 of Schedule 3C provided that it may be used for interception and monitoring services, and which is described as other software or other technology in paragraph 3 of Part 2 of Schedule 3C (but see paragraph (4C)); “internal repression goods” means— any thing specified in Part 3 of Schedule 3C, other than— any thing which is internal repression technology, any thing for the time being specified in Schedule 2 to the Export Control Order 2008, or any thing for the time being specified in Annex Ⅰ of the Dual-Use Regulation, and any tangible storage medium on which internal repression technology is recorded or from which it can be derived; “internal repression technology” means any thing which is described in Part 3 of Schedule 3C as software or technology; “luxury goods” means any thing specified in Schedule 3A, other than any thing for the time being specified in— Schedule 2 to the Export Control Order 2008, Annex 1 of the Dual-Use Regulation, or Schedule 2A; “maritime goods” and “maritime technology” mean respectively any goods and technology specified in Chapter 4 (Navigation Equipment) and Chapter 5 (Radio-Communication Equipment) of Annex 1 of the Merchant Shipping Notice 1874 but not including any thing in those Chapters for the time being specified in— Schedule 2 to the Export Control Order 2008, Annex I to the Dual Use Regulation, or Schedule 2A; “medical device” means— a medical device within the meaning given in regulation 2 of the Medical Devices Regulations 2002 in so far as those Regulations apply to England, Wales and Scotland, and a medical device within the meaning given in— article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC, and article 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU, in so far as those Regulations apply to Northern Ireland; “military goods” means— any thing for the time being specified in Schedule 2 to the Export Control Order 2008 , other than any thing which is military technology, and any tangible storage medium on which military technology is recorded or from which it can be derived; “military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology; “oil and oil products” means any thing specified in Schedule 3F; “oil refining goods” means— any thing specified in Schedule 2D, other than— any thing which is oil refining technology, or any thing for the time being specified in— Schedule 2 to the Export Control Order 2008, Annex 1 of the Dual-Use Regulation, Schedule 2A, or Part 2 of Schedule 3, and any tangible storage medium on which oil refining technology is recorded or from which it can be derived; “oil refining technology” means any thing described in Schedule 2D as software or technology, other than any thing for the time being specified in — Schedule 2 to the Export Control Order 2008, Annex 1 of the Dual-Use Regulation, or Schedule 2A; ... “quantum computing and advanced materials goods” means— any thing specified in Schedule 2E, other than— any thing which is quantum computing and advanced materials technology, or any thing for the time being specified in— Schedule 2 ... to the Export Control Order 2008, Annex 1 of the Dual-Use Regulation, Schedule 2A, Schedule 2C, Schedule 2D, or Part 2 of Schedule 3, and any tangible storage medium on which quantum computing and advanced materials technology is recorded or from which it can be derived; “quantum computing and advanced materials technology” means any thing described in Schedule 2E as software or technology, other than anything for the time being specified in— Schedule 2 ... to the Export Control Order 2008, Annex 1 of the Dual-Use Regulation, Schedule 2A, Schedule 2C, or Schedule 2D. restricted goods” means— critical-industry goods; dual-use goods; military goods; aviation and space goods; oil refining goods; quantum computing and advanced materials goods; defence and security goods; maritime goods; “restricted technology” means— critical-industry technology; dual-use technology; military technology; aviation and space technology; oil refining technology; quantum computing and advanced materials technology; defence and security technology; maritime technology; “Russia’s vulnerable goods” means any thing specified in Schedule 3I other than any thing for the time being specified in— Schedule 2 ... to the Export Control Order 2008, Annex 1 of the Dual-Use Regulation, or Schedule 2A; “Russia’s vulnerable technology” means any thing described in Schedule 3I as technology other than any thing for the time being specified in— Schedule 2 to the Export Control Order 2008; Annex 1 of the Dual-Use Regulation, (but see paragraph (4CA)); “sectoral software and technology” means any thing described in Schedule 3IA other than any thing for the time being specified in— Schedule 2 to the Export Control Order 2008; Annex 1 of the Dual-Use Regulation, (but see paragraph (4CB)); “technical assistance”, in relation to goods or technology, means— technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or any other technical service relating to the goods or technology; ... “technology relating to chemical and biological weapons” means any thing specified as technology or software in Part 4 of Schedule 3C (except any thing for the time being specified in Schedule 2 to the Export Control Order 2008 or in Annex 1 of the Dual-Use Regulation), other than technology which is— the minimum necessary for— the installation, operation, maintenance and repair of any goods which are not subject to a prohibition under this Part, or patent applications, in the public domain, a medical device, or used for basic scientific research; “transfer” has the meaning given in paragraph 37 of Schedule 1 to the Act. (2) For the purposes of this Part, a person is to be regarded as “connected with” Russia if the person is— (a) an individual who is, or an association or combination of individuals who are, ordinarily resident in Russia, (b) an individual who is, or an association or combination of individuals who are, located in Russia, (c) a person, other than an individual, which is incorporated or constituted under the law of Russia, or (d) a person, other than an individual, which is domiciled in Russia. (3) For the purposes of this Part, a person is to be regarded as “connected with” non-government controlled Ukrainian territory if the person is— (a) an individual who is, or an association or combination of individuals who are, ordinarily resident in non-government controlled Ukrainian territory, (b) an individual who is, or an association or combination of individuals who are, located in non-government controlled Ukrainian territory, or (c) a person, other than an individual, which has its registered office, central administration or principal place of business located in non-government controlled Ukrainian territory. (4) Paragraphs 32 to 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part. (4A) The definition of “goods relating to chemical and biological weapons” does not apply to anything specified in Part 4 of Schedule 3C— (a) which is— (i) a pharmaceutical formulation designed for human administration in the treatment of a medical condition; and (ii) pre-packaged for distribution as a medicinal product; or (b) which is a medical device. (4B) For the purpose of the definition of “interception and monitoring goods” in paragraph (1) “a relevant Part 2 item” means any thing described in Part 2 of Schedule 3C, other than— (a) any thing which is interception and monitoring technology, or (b) any thing for the time being specified in— (i) Schedule 2 to the Export Control Order 2008, or (ii) Annex Ⅰ of the Dual-Use Regulation. (4C) The definition of “interception and monitoring technology” does not apply to software which is— (a) generally available to the public, or (b) in the public domain. (4CA) The definitions of “energy-related technology”, “G7 dependency and further technology” and “Russia’s vulnerable technology” do not apply to technology which is— (a) in the public domain; or (b) basic scientific research. (4CB) The definition of “sectoral software and technology” in paragraph (1) does not apply to software or technology which is— (a) in the public domain; or (b) used for basic scientific research. (4D) For the purposes of this Part, the following terms have the meaning given to them in the Dual-Use Regulation— “basic scientific research”; “in the public domain”. (5) In this Part, any reference to the United Kingdom includes a reference to the territorial sea.