Citation, commencement and extent

1.  These Regulations may be cited as the Export Control (Military and Dual-Use Lists) (Amendment) Regulations 2023 and come into force on 31st March 2023.

2.—(1) Regulations 1 to 4 extend to England and Wales, Scotland and Northern Ireland.

(2) Regulation 5 extends to England and Wales, and Scotland.

Amendments to the Export Control Order 2008

3.—(1) Schedule 2 (military goods, software and technology) to the Export Control Order 2008( 3) is amended as follows.

(2) For entry ML4.a., substitute—

(3) In entry ML4.c., for “(AMPS).” substitute “(AMPS) not specified in ML4.b.1..”.

(4) For entry ML10.f., including the Note, substitute—

(5) After entry ML11.a., insert—

(6) For entry ML11.b., including the Note, substitute—

(7) Omit the Note after entry ML11.b..

(8) In entry ML13.d.1., for the Note, substitute—

(9) In entry ML21.c., in the N.B., for “specified by ML21.c.” substitute “specified in ML21.c..”.

4.—(1) Schedule 3 (UK controlled dual-use goods, software and technology) to the Export Control Order 2008 is amended as follows.

(2) In the heading to PL9012, for “Vessels” substitute “Vehicles”.

Amendments to Council Regulation (EC) No 428/2009

5.—(1) Council Regulation (EC) No 428/2009of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)( 4) is amended as follows.

(2) In Annex I (list of dual-use items)—

(a) in the section headed “definitions of terms used in this Annex”, after the definition of “Fusible”, insert—

““ Gate-All-Around Field-Effect Transistor ” (“ GAAFET ”) (3) means a device having a single or multiple semiconductor conduction channel element(s) with a common gate structure that surrounds and controls current in all of the semiconductor conduction channel elements.

Note: This definition includes nanosheet or nanowire field-effect and surrounding gate transistors and other “GAAFET” semiconductor channel element structures. ”;

(b) in the section headed “Category 1 – special materials and related equipment”, for entry 1C006.b., substitute—

(c) in the section headed “Category 2 – materials processing”—

(i) in Note 2 to entry 2B352.f.2., for “abovementioned characteristics” substitute “characteristics specified in 2B352.f.2.”;

(ii) after entry 2D351, insert—

(iii) for entry 2E003.b., including the Technical Notes, substitute—

(iv) in the Notes to the table (Deposition techniques), in paragraph 10, for “airfoils” substitute “aerofoils”;

(d) in the section headed “Category 3 – electronics”—

(i) under the heading “3A Systems, Equipment and Components”, in Note 1, for “or 3A001.a.12. to 3A001.a.14.,” substitute “3A001.a.12. to 3A001.a.14., or 3A001.b.12.,”;

(ii) in entry 3A001.b.4.b.1., for “(48,54 dBm)” substitute “(48,45 dBm)”;

(iii) in entry 3A001.b.11.e., for “90 GHz; or” substitute “75 GHz;”;

(iv) for entry 3A001.b.11.f., substitute—

(v) in entry 3A002.c.2., before “Displayed Average Noise Level” insert “a”;

(vi) in entry 3A002.d.3.d., omit “ or”;

(vii) in entry 3A002.d.3.e., for “90 GHz;” substitute “75 GHz; or”;

(viii) after entry 3A002.d.3.f., insert—

(ix) in entry 3A002.d.4., for “Single” substitute “A single”;

(x) in entry 3A002.d.5.c., for “90 GHz; or” substitute “75 GHz”;

(xi) after entry 3A002.d.5.c., before the Technical Note, insert—

(xii) in entry 3C001.c., omit “ or”;

(xiii) after the Note to entry 3C001.d., insert—

(xiv) in entry 3C005.a., for “(AlN) or aluminium gallium nitride (AlGaN) semiconductor” substitute “(AlN), aluminium gallium nitride (AlGaN), gallium oxide (Ga2O3) or diamond semiconductor”;

(xv) in entry 3C005.b., for “(AlN), or aluminium gallium nitride (AlGaN) on” substitute “(AlN), aluminium gallium nitride (AlGaN), gallium oxide (Ga2O3) or diamond on”;

(xvi) in entry 3C006, for “aluminium nitride or aluminium gallium nitride” substitute “aluminium nitride, aluminium gallium nitride, gallium oxide (Ga2O3) or diamond”;

(xvii) after entry 3D005, insert—

(xviii) for entry 3E003.d., substitute—

(xix) in entry 3E003.g., for “higher.” substitute “higher;”;

(xx) after entry 3E003.g., insert—

(e) in the section headed “Category 4 – computers”, in entry 4A003.b., for “29” substitute “70”;

(f) in the section headed “Category 5 – telecommunications and information security”, in Part 2 (information security), in entry 5A003.a., for “using” substitute “to use”;

(g) in the section headed “Category 6 – sensors and lasers”—

(i) in entry 6A005.d.1.b.1., for “15W” substitute “25W”;

(ii) in entry 6A008—

(aa) omit the Note to entry 6A008.l.4.;

(bb) in paragraph 1 of the Technical Notes immediately before entry 6A102, for “used” substitute “designed”;

(cc) after the Technical Notes, insert—

(iii) in entry 6D003.h.1., omit “application “programs””;

(h) in the section headed “Category 7 – navigation and avionics”—

(i) in entry 7D003.e., for “circulation controlled” substitute “circulation-controlled”;

(ii) in entry 7E004.c.3., including the Technical Note, in each instance, for “airfoils” substitute “aerofoils”;

(i) in the section headed “Category 9 – aerospace and propulsion”—

(i) in entry 9A004, for “and air-launch platforms” substitute “air-launch platforms and “sub-orbital craft””;

(ii) in entry 9A004.g., after “vehicles” insert “or “sub-orbital craft””;

(iii) in entry 9A115.a., immediately before the Technical Note, insert—

(iv) for entry 9B001.c., substitute—

(v) in entry 9B004, for “airfoil” substitute “aerofoil”;

(vi) in entry 9E003.a.2.c., after “shells;”, omit “ or”;

(vii) in entry 9E003.a.2.d., after “9E003.c.;”, insert “ or”;

(viii) after entry 9E003.a.2.d.—

(aa) before the Note, insert—

(bb) after the Technical Notes, insert—

(ix) in entry 9E003.a.6., for “Airfoil” substitute “Aerofoil”;

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Export Control Order 2008 ( S.I. 2008/3231, as amended by S.I. 2017/85, S.I. 2017/697, S.I. 2018/165, S.I. 2018/939, S.I. 2019/137, S.I. 2019/989, S.I. 2019/1159, S.I. 2021/586and S.I. 2022/1042) (“ the 2008 Order”) and Council Regulation (EC) No 428/2009of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast) (EUR 2009/428, amended by S.I. 2019/771, as amended by S.I. 2019/806and S.I. 2022/410) (“ the retained Dual-Use Regulation”).

Regulation 3 amends Schedule 2 to the 2008 Order, which lists military goods, software and technology subject to export controls. The content of that list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement. Amendments to the Wassenaar Arrangement munitions list were most recently agreed in December 2022. The amendments to Schedule 2 reflect those changes. Regulation 4 makes a minor typographical amendment to Schedule 3 to the 2008 Order, which lists dual-use goods, software and technology subject to export controls.

Regulation 5 amends Annex I to the retained Dual-Use Regulation, which also lists dual-use goods, software and technology subject to export controls. These changes reflect amendments to the Wassenaar Arrangement dual-use list as well as changes to the control lists administered by other multilateral export control regimes, including the Australia Group and the Missile Technology Control Regime. Regulation 5 brings the retained Dual-Use Regulation up to date with these international arrangements up until December 2021. The new text also addresses minor drafting errors and preferences.

In relation to the Protocol on Ireland/Northern Ireland in the European Union Withdrawal Agreement (“ the Protocol”), the amendments made by regulation 5 to Annex I of the retained Dual-Use Regulation are closely aligned with control list amendments introduced by Commission Delegated Regulation (EU) 2023/66 of 21 October 2022 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items. Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 continues to apply to and in the United Kingdom in respect of Northern Ireland by virtue of the Protocol.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available from the Export Control Joint Unit, Old Admiralty Building, London SW1A 2DY. The Explanatory Memorandum has also been published alongside the instrument on thewww.legislation.gov.ukwebsite, and a copy has been placed in the Libraries of both Houses of Parliament.