S.L. 653.3 ст. 2Interpretation.

(1) In these regulations, unless the context otherwise requires:

"Act" means the National Interest (Enabling Powers) Act; "basic scientific research" means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective; "broker" means any natural or legal person or partnership resident or established in a Member State of the Community that carries out brokering services as defined by these regulations, from the Community into the territory of a third country;

"brokering services" means:

(a) the supply or making available of information, practical assistance or funds, or the negotiations or the arrangement of transactions, in order to conclude an agreement relating to the transfer of dual-use goods from a third country to another;

(b) the negotiations or arrangement of transactions for the purchase, sale or supply of dual-use items from a third country to another third country or the selling or buying of dual-use items located in third countries to transfer to another third country;"

"Community" means the European Community; "Community general export authorization" means an export authorisation for exports to certain countries of destination available to all exporters who respect its conditions of use as listed in Annex II of the Council Regulation; "country" includes territory; "Director" means the director responsible for trade and includes any officer designated or authorised by the Director to act for a purpose or class of purposes of these regulations; "dual-use items" means any used or unused items, including software and technology, which can be used for both civil and military purposes, and including all goods which can be used for both non-explosive uses and for assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices;

"export", unless the context otherwise requires, means an export from Malta, and includes:

(a) re-export of dual-use items, and

(b) the transmission of software or technology by fax, telephone or other electronic media; it includes making available in an electronic form such software and technology to legal and natural persons and partnerships. Export also applies to oral transmission of technology when the technology is described over the telephone; "export declaration" means the act whereby a person indicates in the prescribed form and manner the wish to place dual-use items under an export procedure;

"exporter" shall mean any natural or legal person or partnership:

(a) on whose behalf an export declaration is made, that is to say the person who, at the time when the declaration is accepted, holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the customs territory of the Community. If no export contract has been concluded or if the holder of the contract does not act on its own power for determining the sending of the item out of the customs territory of the Community;

(b) which decides to transmit or make available software or technology by electronic media including by fax, telephone, electronic mail or by any other electronic means to a destination outside the Community.

Where the benefit of a right to dispose of the dual-use item belongs to a person established outside the Community pursuant to the contract on which the export is based, the exporter shall be considered to be the contracting party established in the Community; "global export authorisation" means an authorisation granted to one specific exporter in respect of a type or category of dual-use item which may be valid for exports to one or more specified end users and, or in one or more specified third countries; "import" and "export" in relation to a vessel, submersible vehicle or aircraft includes the taking into or out of Malta of the vessel, submersible vehicle or aircraft notwithstanding that the vessel, submersible vehicle or aircraft is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly; "in the public domain" means available without restriction upon further dissemination (no account being taken of restrictions arising solely from copyright); "individual export authorisation" means an authorisation granted to one specific exporter for one end user or consignee in a third country and covering one or more dual-use items;

"international export control regimes, bodies and treaties" means the Australia Group, Missile Technology Control Regime, Nuclear Supplies Group, Wassenaar Arrangement, Zangger Committee and the Chemical Weapons Convention; "military end-use" means:

(a) incorporation into military items listed in the military list;

(b) use of production-, test- or analytical equipment and components therefor, for the development, production or maintenance of military items listed in the military list;

(c) use of any unfinished products in a plant for the production of military items listed in the military list; "military list" means the list of military equipment as established in the Military Equipment (Export Control) Regulations; "Minister" means the Minister responsible for trade; "non-Community dual-use items" shall mean items that have the status of non-community goods within the meaning of Article 4(8) of the Community Customs Code; "normal commercial journey" means a journey providing transport services in the ordinary course of business; "person" means any natural or legal person; "scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such manner that its benefits are available to members of the public from time to time seeking to take advantage of it; "surface effect vehicle" means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-inground effect for positive lift; "technical assistance" means any technical support related to repairs, development, manufacturing, assembly, testing, maintenance, or any other technical service, and may take the forms such as instruction, training, transmission of working knowledge or skills or consulting services; technical assistance includes also oral forms of assistance;

"transit" means a transport of non-Community dual-use items entering and passing through the customs territory of Malta with a destination outside the Community; "vessel" includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil, and the hull or part of the hull of a vessel.

(2) Any reference in these regulations to time after an event is a reference to a period of that length of time beginning on the day after that event.

(3) In these regulations, except where the context otherwise requires, any reference to -

(a) a numbered regulation is a reference to the regulation in these regulations which is so numbered;

(b) a numbered subregulation is a reference to the subregulation which is so numbered in the regulation where the reference occurs.