§ The Minister for Europe (Mr. Denis MacShane)The Government are introducing new controls to license the activities of those who trade in military goods between overseas countries (also known as trafficking and brokering); transfer technology for military goods by electronic means (e-mail, fax, etc.); transfer technology, by any means, for use in connection with WMD; and provide technical assistance for use in connection with WMD.
These controls are contained in the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (SI 2003/2764) and the Trade in Goods (Control) Order 2003 (SI 2003.2765) and will come into force on 1 May 2004. Section 9(3) of the Export Control Act 2002 requires the Secretary of State to give guidance about the general principles to be followed when exercising licensing powers.
The then Minister for Europe, my right hon. Friend, the Member for Neath (Mr. Hain), made a statement to Parliament on 26 October 2000, Official Report, column 200W, setting out the criteria that the Government will use in considering all individual applications for licences to export goods on the Military List, which forms Part III of Schedule 1 to the Export of Goods (Control) Order 1994; advance approvals for promotion prior to formal application for an export licence; and licence applications for the export of dual-use goods as specified in Annex 1 of Council Regulation (EC) 1334/2000 where there are grounds for believing that the end-user of such goods will be the armed forces or internal security forces or similar entities in the recipient country, or that the goods will be used to produce arms or other goods on the Military List for such end-users. On 8 July 2002, my right honourable friend the Foreign Secretary set out how the Government approach export licence applications for goods where it is understood that the goods are to be incorporated into products for onward export Official Report, columns 652–54W.
The Government have decided that it will continue to use these criteria, in the same way, in considering all individual applications for licences as set out in the new orders made under the Export Control Act 2002, taking account of the circumstances prevailing at the time and other announced Government policies.