# Export Control Order 2008/Schedules

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GOODS SUBJECT TO STRICTER EXPORT AND TRADE CONTROLS
Note: In this Schedule, defined terms are printed in quotation marks.
Definitions
In this Schedule:
“cluster munitions” means conventional munitions designed to disperse or release “explosive submunitions”;
“explosive bomblets” means conventional munitions, weighing less than 20 kilograms each, which are not self propelled and which, in order to perform their task, are specially designed to be dispersed or released by a dispenser affixed to an aircraft, and are designed to function by detonating an explosive charge prior to, on or after impact;
“explosive submunitions” means conventional munitions, weighing less than 20 kilograms each, which in order to perform their task are dispersed or released by another conventional munition and are designed to function by detonating an explosive charge prior to, on or after impact;
“ordinary handcuffs” means handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 and 240mm when locked and have not been modified to cause physical pain or suffering;
“production” has the same meaning as in Schedule 2;
“a self-deactivating feature” is one which automatically renders a munition inoperable by means of the irreversible exhaustion of a component (eg, a battery) that is essential to the operation of the munition;
“a self-destruction mechanism” is an incorporated, automatically-functioning mechanism which is in addition to the primary initiating mechanism of a munition and which secures the destruction of the munition into which it is incorporated.
PART 1 CATEGORY A GOODS
Certain Security and Para-Military Police Equipment
1. Goods designed for the execution of human beings, as follows—
    (a) Gallows and guillotines;
    (b) Electric chairs;
    (c) Air-tight vaults made of eg, steel and glass, designed for the purpose of execution of human beings by the administration of lethal gas or substance;
    (d) Automatic drug injection systems designed for the purpose of execution of human beings by the administration of a lethal chemical substance.
2. Restraints specially designed for restraining human beings, as follows—
    (a) Leg-irons, gangchains, shackles and individual cuffs or shackle bracelets except those that are “ordinary handcuffs”;
    (b) Restraint chairs unless designed for disabled persons; ​
    (c) Shackle boards;
    (d) Thumb-cuffs and thumb-screws, including serrated thumb-cuffs;
    (e) Electric shock belts.
3. Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock (eg, electric-shock batons, electric-shock shields, stun-guns and electric-shock dart-guns).
4. Components specially designed or modified for the devices in paragraph 3.
5. Hand-held, spiked batons.
Cluster munitions, explosive submunitions and explosive bomblets
6. “Cluster munitions” other than those munitions described at paragraph 10.
7. “Explosive submunitions” other than those submunitions described at paragraph 10.
8. “Explosive bomblets”.
9. Components specially designed for “cluster munitions”, “explosive submunitions” or “explosive bomblets”.
10. Paragraphs 6 and 7 do not include the following conventional munitions:
    (a) a munition or submunition designed to dispense flares, smoke, pyrotechnics or chaff; or a munition designed exclusively for an air defence role;
    (b) a munition or submunition designed to produce electrical or electronic effects;
    (c) a munition that has all of the following characteristics:
       (i) each munition contains fewer than ten “explosive submunitions”;
       (ii) each “explosive submunition” weighs more than four kilograms;
       (iii) each “explosive submunition” is designed to detect and engage a single target object;
       (iv) each “explosive submunition” is equipped with an electronic “self-destruction mechanism”;
       (v) each “explosive submunition” is equipped with an electronic “self-deactivating feature”.
PART 2 CATEGORY B GOODS
Small arms and light weapons within ML1 and ML2
11. “Goods” specified in entry ML1.a., ML1.b., ML1.c. or ML2 in Schedule 2 that are designed to be carried, operated and fired by an individual or by three or fewer individuals acting together, other than—
    (a) “goods” specified in entry ML2.b. in that Schedule; and
    (b) mortars with a calibre of 100mm or more.
Accessories and ammunition for small arms and light weapons within ML1 and ML2
12. The following “goods”—
    (a) accessories specified in entry ML1.d. that are capable of being used in connection with weapons falling within paragraph 11; and ​
    (b) ammunition that is capable of being fired or launched by weapons falling within paragraph 11.
Light weapons within ML4
13. Equipment specified in entry ML4.b. in Schedule 2 that is—
    (a) specially designed for firing or launching rockets, grenades, missiles or other explosive devices; and
    (b) designed to be carried, operated and fired by an individual or by three or fewer individuals acting together.
Ammunition for light weapons within ML4
14. Rockets, grenades, missiles and other explosive devices that are—
    (a) specified in entry ML4 in Schedule 2; and
    (b) capable of being fired or launched from equipment falling within paragraph 13.
Hand grenades
15. Grenades specified in entry ML4 in Schedule 2 that are designed to be thrown.
MANPADS, missiles for them, associated equipment and their specially designed components
16. To the extent they do not fall within paragraph 13 or 14, the following “goods”—
    (a) man-portable air defence systems (MANPADS), as follows:
       (i) surface-to-air missile systems designed to be man-portable and operated and fired by a single individual;
       (ii) surface-to-air missile systems designed to be operated and fired by more than one individual acting as a crew and portable by several individuals;
    (b) missiles for MANPADS;
    (c) “production” equipment specially designed for MANPADS;
    (d) field test equipment specially designed for MANPADS;
    (e) specialised training equipment and simulators for MANPADS.
Long-range missiles
17. Missiles capable of a range of 300km or more that fall within Schedule 2.
Components for “goods” within this Part 18. Components specially designed for “goods” falling within any of paragraphs 11 to 17.
MILITARY GOODS, SOFTWARE AND TECHNOLOGY
Note: In this Schedule, defined terms are printed in quotation marks.
Definitions
In this Schedule:
“adapted for use in war” means any modification or selection (eg, 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;
“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:
    a. enzymes for specific chemical or biochemical reactions;
    b. ‘monoclonal antibodies’, ‘polyclonal antibodies’ or ‘anti-idiotypic antibodies’;
    c. specially designed or specially processed ‘receptors’;
    Technical Note:
    ‘Monoclonal antibodies’ means proteins which bind to a specific antigenic site and are produced by a single clone of cells;
    ‘Polyclonal antibodies’ means a mixture of proteins which bind to a specific antigen and are produced by more than one clone of cells;
    ‘Anti-idiotypic antibodies’ means antibodies which bind to the specific antigen binding sites of other antibodies;
    ‘Receptors’ means biological macromolecular structures capable of binding ligands, the binding of which affects physiological functions.
“development” means all stages prior to “production” (eg, design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into “goods” or “software”, configuration design, integration design, layouts);
“end-effectors” means grippers, active tooling units (ie, 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;
“energetic materials” means substances or mixtures that react chemically to release energy required for their intended application; “explosives”, “pyrotechnics” and “propellants” are sub-classes of energetic materials;
“explosive signatures” are features which are characteristic of explosives in any form prior to their initiation, as detected using technology including, but not limited to, ion mobility spectrometry, chemiluminescence, fluorescence, nuclear, acoustic or electromagnetic techniques;
“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 applications, are required to detonate;
“expression vectors” means carriers (eg, 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;
​“laser” means an assembly of components which produce both spatially and temporally coherent light which is amplified by stimulated emission of radiation;
“lighter-than-air vehicles” means balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift;
“nuclear reactor” means the “goods” 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;
“production” means all production stages (eg, product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance);
“propellants” means substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work;
“pyrotechnic(s)” 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;
“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” and the intended use of “technology” is irrelevant to whether it is “required”;
“riot control agents” means substances which under the expected conditions of use for riot control purposes, produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure;
    Technical Note:
    Tear gases are a subset of “riot control agents”.
“robot” means a manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use sensors, and which:
    a. is multifunctional;
    b. is capable of positioning or orienting material, parts, tools or special devices through variable movements in three dimensional space;
    c. incorporates three or more closed or open loop servo-devices which may include stepping motors; and
    d. 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, ie, without mechanical intervention;
    Note:
    This definition does not include:
    a. Manipulation mechanisms which are only manually/teleoperator controllable;
    b. Fixes 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;
    c. 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 (such as changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations;
    d. 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;
    e. Stacker cranes defined as Cartesian coordinate 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.
“special gun-mounting” means any fixture designed to mount a gun;
“superconductive” in relation to materials (eg, metals, alloys or compounds) means those which can lose all electrical resistance (ie, which can attain infinite electrical conductivity and carry very large electrical currents without Joule heating); the superconductive state of a material is individually characterised 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;
    Technical Note:
    ‘Critical temperature’ (also known 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.
“technology” means specific ‘information’ necessary for the “development”, “production” or “use” of “goods” or “software”;
    Technical Note:
    ‘Information’ may take forms including, not limited to: blueprints, plans, diagrams, models, formulae, tables, ‘source code’, engineering designs and specifications, manuals and instructions written or recorded on other media or devices (eg, disk, tape, read-only memories);
    ‘source code’ (or source language) is a convenient expression of one or more processes which may be turned by a programming system into equipment executable form.
“use” means operation, installation (eg, 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. A physical change in writing or interconnections; or
    b. The setting of function controls including entry of parameters.
PART 1 MILITARY, SECURITY AND PARA-MILITARY GOODS, SOFTWARE AND TECHNOLOGY AND ARMS, AMMUNITION AND RELATED MATERIEL
PART 2 EXPLOSIVE-RELATED GOODS AND TECHNOLOGY
UK CONTROLLED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY
Note: In this Schedule, defined terms are printed in quotation marks.
Definitions
In this Schedule:
“development” means all stages prior to “production” (eg, design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into “goods” or “software”, configuration design, integration design, layouts);
“energetic materials” means substances or mixtures that react chemically to release energy required for their intended application; “explosives”, “pyrotechnics” and “propellants” are sub-classes of energetic materials;
“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 applications, are required to detonate;
“lighter-than-air vehicles” means balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift;
“previously separated” in relation to a controlled isotope in any form, means after the application of any process intended to increase the concentration of the controlled isotope;
“production” means all production stages (eg, product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance);
“propellants” means substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work;
“pyrotechnic(s)” 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;
“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” and the intended use of “technology” is irrelevant to whether it is “required”;
“technology” means specific ‘information’ necessary for the “development”, “production” or “use” of “goods” or “software”;
    Technical Note:
    ‘Information’ may take forms including, not limited to: blueprints, plans, diagrams, models, formulae, tables, ‘source code’, engineering designs and specifications, manuals and instructions written or recorded on other media or devices (eg, disk, tape, read-only memories);'
    ‘source code’ (or source language) is a convenient expression of one or more processes which may be turned by a programming system into equipment executable form.
“use” means operation, installation (eg, on-site installation), maintenance, checking, repair, overhaul and refurbishing;
“vaccines” are medical products in a pharmaceutical formulation licensed by, or having marketing or clinical trial authorisation from, the regulatory authorities of either the country of manufacture or of use, which is intended to stimulate a protective immunological response in humans or animals in order to prevent disease in those to whom or to which it is administered.
COUNTRIES AND DESTINATIONS SUBJECT TO STRICTER EXPORT OR TRADE CONTROLS
PART 1 EMBARGOED AND NO EXCEPTION FOR TRANSIT
Democratic People’s Republic of Korea
Iran
PART 2 EMBARGOED AND SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS
Armenia
Azerbaijan
Burma (Myanmar)
Democratic Republic of the Congo
Ivory Coast (Côte d’Ivoire)
Lebanon
Sudan
Uzbekistan
Zimbabwe
PART 3 SUBJECT TO TRANSIT CONTROL FOR MILITARY GOODS
Afghanistan
Argentina
Burundi
China (People’s Republic other than the Special Administrative Regions)
Iraq
Liberia
Macao Special Administrative Region
Rwanda
Sierra Leone
​Somalia
Tanzania
Uganda
PART 4 SUBJECT TO TRANSIT CONTROL FOR CATEGORY B GOODS
Albania
Belarus
Benin
Bosnia/Herzegovina
Burkina Faso
Cameroon
Cape Verde
Central African Republic
Chad
Colombia
Congo (Brazzaville)
Dubai
East Timor (Timor-Leste)
Eritrea
Ethiopia
Gambia
Georgia
Ghana
Guinea
Guinea Bissau
Haiti
Hong Kong Special Administrative Region
Jamaica
Kenya
Krygyzstan
Libya
Mali
Mauritania
Moldova
​Montenegro
Morocco
Nepal
Niger
Nigeria
Oman
Pakistan
Russia
Senegal
Serbia
Sri Lanka
Syria
Taiwan
Tajikistan
Togo
Trinidad & Tobago
Turkmenistan
Ukraine
Venezuela
Yemen
INFORMATION SECURITY ITEMS
1. In this Schedule—
“business or academic collaborator”, in relation to an exporter, means a person who is either—
    (a) working by way of business in research and development of cryptography or cryptographic goods or software; or
    (b) is teaching, or undertaking research as a member of or at a university or institution of higher education into, cryptography or cryptographic goods or software, and with whom the exporter has previously entered into a collaboration agreement;
“collaboration agreement” means an agreement for the carrying out of work comprising or related to research into the development of cryptography or cryptographic goods or software;
“development” has the same meaning as in Schedule 2;
“intra-group or collaborative end-use” means—
    (a) use by the exporter, or a subsidiary undertaking or parent undertaking of the exporter, in that person’s own commercial cryptographic goods; or
    (b) use by a business or academic collaborator of the exporter in that person’s own commercial cryptographic goods in accordance with the terms of a collaboration agreement with the exporter;
“parent undertaking” and “subsidiary undertaking” have the same meanings as in the Companies Act 2006(a) (see section 1162 of, and Schedule 7 to, that Act);
“production”, “technology” and “use” have the same meanings as in Schedule 2.
2. The information security items specified in this Schedule are the following software and technology—
    (a) cryptography development software specified in entry 5D002 of Annex I to the dual-use Regulation, other than software having the characteristics, or performing or simulating the functions, of equipment designed or modified to perform cryptanalytic functions;
    (b) cryptography development technology specified in entry 5E002 of Annex I to the dual-use Regulation, other than technology for the development, production or use of—
       (i) equipment designed or modified to perform cryptanalytic functions; or
       (ii) software having the characteristics, or performing or simulating the functions, of equipment designed or modified to perform cryptanalytic functions
but only to the extent that such software or technology is for an intra-group or collaborative end-use.
3. The information specified in this Schedule is—
    (a) a general description of the goods, software or technology, such as might be contained in a product brochure;
    (b) descriptions of all relevant encryption algorithms and key management schemes, and descriptions of how they are used by the goods, software or technology (eg, which algorithm is used for authentication, which for confidentiality and which for key exchange); and details (eg, source code) of how they are implemented (eg, how keys are generated and distributed, how key length is governed and how the algorithm and keys are called by the software); ​
    (c) details of any measures taken to preclude user modification of the encryption algorithm, key management scheme or key length;
    (d) details of pre- or post-processing of data, such as compression of plain text or packetisation of encrypted data;
    (e) details of programming interfaces that can be used to gain access to the cryptographic functionality of the goods, software or technology; and
    (f) a list of any protocols to which the goods, software or technology adhere.
REVOCATIONS
EXPLANATORY NOTE (This note is not part of the Order)
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 Technical Assistance Control Regulations 2006 and various provisions amending them are revoked (article 45).
This Order is now where penalty and licensing provisions are to be found relating to Council Regulation (EC) No 1334/2000 (the “dual-use Regulation”) and Council Regulation (EC) No 1236/2005 (the “torture Regulation”). These cover, respectively, goods, software and technology that can be used for both civil and military purposes and goods that can be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Part 2 of the Order also supplements the directly applicable provisions of these Regulations by extending their controls, in particular to cover additional goods (see articles 4 and 5), intra-Community transfers and goods in transit (in the circumstances set out in 6, 7, 8 and 9) and different types of transfers of technology (see articles 10, 11 and 12).
Military goods, software and technology are not covered by the Community legislation so these are the subject of article 3. The list of military goods, software and technology in Schedule 2 is based on the Wassenaar Arrangement military list (the Wassenaar Arrangement is an international regime for controlling conventional arms) but national controls (listed as “PL. . .”) have been added.
The remaining provisions of Part 2 are exceptions from the controls, notably covering scheduled flights and other low-risk movements of aircraft and vessels, firearms (to the extent they are the subject of other controls pursuant to Council Directive 91/477/EEC), transit and transhipment, and transfers of software and technology that are of little concern. The extent of the transit and transhipment exception varies according to the type of goods and their destination. A change from the previous Orders is that a more extensive list of countries is subject to transit and transhipment controls in relation to a range of sensitive items including small arms and light weapons.
Part 3 contains a prohibition relating to the provision of technical assistance in relation to chemical, biological or nuclear weapons programmes.
Part 4 contains controls relating to movements of goods between countries other than the United Kingdom and the Isle of Man. The level of control varies according to the sensitivity of the goods, which are organised into three categories (A to C, A being goods with the highest level of sensitivity such as torture equipment), and category B now includes light weapons. In relation to both category A and B there are controls on United Kingdom persons acting outside the United Kingdom. However, for category B, certain ancillary activities are not covered (see article 22(3)). Transportation services are newly covered for this category but drivers, pilots etc. providing services to transport contractors already within the controls are not caught in their own right. Category C exempts transportation services completely along with other ancillary activities (see article 23(2)).
Parts 5 to 7 all relate back to the earlier provisions. Part 5 contains provisions about licences. In particular, there are provisions about record keeping by licence holders (articles 29 and 30) and inspection of the relevant records (article 31) and appeals from licensing decisions (article 33).
Part 6 contains provisions about offences and the powers of Her Majesty’s Revenue and Customs who will enforce the Order. Offences relating to exportation out of the United Kingdom without a licence are dealt with in the Customs and Excise Management Act 1979 (sections 68 and 170).
Part 7, as well as the revocations noted above, contains provisions about the use of information received in the course of operating the controls (article 43).
​An Impact Assessment has been prepared in respect of this Order and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.
* ↑ (a) S.I. 1969/47, amended by S.I. 1993/1490.
* ↑ (a) 2006 c. 46.