On 12 February 2019, as part of the UK Government’s Brexit planning, the Department for International Trade published the Trade etc. in Dual-Use Items, Firearms and Torture etc. Goods (Amendment) (EU Exit) Regulations 2019 (the “Regulation“), which is available here.
This is the latest draft statutory instrument published by the Department for International Trade which amends export control legislation in order to prepare for the UK’s exit from the EU. The first of these instruments was the Export Control (Amendment) (EU Exit) Regulations 2019 (available here), which amends provisions within the following domestic legislation: the Export of Radioactive Sources (Control) Order 2006 and the Export Control Order 2008, and other domestic subordinate legislation in connection with EU sanctions regimes.
The Regulation makes changes to retained EU legislation to ensure that their provisions operate as UK rules after withdrawal. It amends the following:
- Council Regulation (EC) No 1236/2005 of 27 June 2005, which concerns rules governing trade with countries in goods that could be used for the purpose of capital punishment or torture etc.;
- Council Regulation (EC) No 428/2009 of 5 May 2009, which set up a Community regime for the control of exports, transfer, brokering and transfer, brokering and transit of dual-use items; and
- Regulation (EU) No 258/2012 of the European Parliament and of the Council implementing Article 10 of the United Nations Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.
The legislation also amends primary legislation and, in particular, omits sections of the Export Control Act 2002 which will have no practical application once the UK has withdrawn from the EU, including omitting the power to make provisions relating to controls on the export of goods, transfer of technology and technical assistance that may be imposed by a directly applicable EU provision.
The UK Government has not produced an impact assessment for this instrument as no significant impact on the private, voluntary or public sector is foreseen.