S.L. 653.3 Art. 5Exportsofdual-use items.

(1) Subject to the provisions of these regulations -

(a) no person shall make any export of items specified in

Annex I of the Council Regulation, to any destination except under and in accordance with an authorization as specified in regulation 4;

(b) no person shall export to any destination any dual-use items whether or not listed in Annex I of the Council Regulation which that person has grounds for suspecting that the items are or may be intended, in their entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons, unless that person has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used;

(c) no person shall make to any destination any export consisting of the transmission by fax, telephone or other electronic media of dual-use items in the form of software or technology if:

(i) that person has been informed by a competent authority that the software or technology are or may be intended, in their entirety or in part, for any of the uses referred to in paragraph (b); or

(ii) that person is aware that the software or technology are intended, in their entirety or in part, for any of the uses referred to in paragraph (b); or

(iii) that person has grounds for suspecting that the software or technology are or may be intended, in their entirety or in part, for any of the uses referred to in paragraph (b), unless that person has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used; and

(d) no person shall provide technical assistance in any destination, if that assistance is intended, or the provider is aware that it is intended, in its entirety or in part, for any of the uses referred to in paragraph (b).

(2) Paragraphs (b) and (c) of subregulation (1) do not prohibit the export of any items in relation to which an authorization in writing has been granted by the Director, provided that all conditions attaching to the authorization are complied with.

(3) Paragraph (d) of subregulation (1) does not prohibit technical assistance -

(a) where it is provided in a Member State of the European Union or in a country listed in Part 3 of Annex II of the Council Regulation;

(b) where it takes the form of transferring information that is in the public domain, or consists of basic scientific research; or

(c) where it is in oral form and not related to items required to be controlled by one or more of the international export control regimes, bodies and treaties.