Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002

Information about the publication of Ministerial Decisions

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A decision made (12/04/2006) regarding Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002 - amendment.

Subject:	Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002 - amendment
Decision Reference:	MD-HA-2006-0031		Exempt clause(s):	N/A
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	HAD/CST 1
Written report – Title	Community Provisions (Control of Dual-Use Items and Technology) (Application) (Amendment No.4) (Jersey) Order 200-
Written report – Author	Mr David A J Nurse, Director, Customs and Excise
Decision(s): To direct the Customs and Immigration Service to instruct the Law Draftsman to draft an Order to amend the Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002
Reason(s) for decision: An amendment to the Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002 will keep the Island in line with European Community and UK regimes for controlling the export of dual-use items.
Action required: The Director, Customs and Excise to write to the Law Draftsman with drafting instructions.
Signature: (Minister/ Assistant Minister)		Date of Decision: 12 April 2004

Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002 - amendment

CUSTOMS AND IMMIGRATION SERVICE

Community Provisions (Control of Dual-Use Items and Technology) (Application) (Amendment No.4) (Jersey) Order 200-

Introduction

This paper recommends an amendment to the Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002. The amendment will keep the Island in line with European Community and UK regimes for controlling the export of dual-use items.

Background

The Minister will recall that dual-use items are items, including software and technology, which can be used for both civil and military purposes. In 2000 the EC introduced a regime for the control of dual-use items by the introduction of Council Regulation (EC) No. 1334/2000.

On 12th June 2002 the Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002 were promulgated and extended Council Regulation (EC) 1334/2000 to the Island under the European Communities Legislation (Implementation) (Jersey) Law 1996. (At the same time enabling Regulations were promulgated to implement the EC Regulation – the Community Provisions Dual-Use Items (Export Control) (Jersey) Regulations 2002.)

Article 2 of the Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Regulations 2002 states that “These Regulations may be amended by the [Home Affairs] Committee by Order to take account of amendments made to Council Regulation (EC) Number 1334/2000.” The amendments are actually made by including them in a table of amendments in Article 1(2) of that Order.

Article 2 of the States of Jersey (Transfer of Functions from Committees to Ministers) (Jersey) Regulations 2005 transfers the function of the Home Affairs Committee to the Minister for Home Affairs.

Council Regulation (EC) Number 394/2006, which will come into force on 12 April 2006, amends Council Regulation (EC) Number 1334/2002 by replacing all 200 plus pages of its Annexes which detail the dual-use items.

The amending Regulation takes into account changes adopted by the Wassenaar Arrangement, the Australia Group, the Missile Technology Control Regime and the Nuclear Supplies Group subsequent to the amendments made by Council Regulation (EC) Number 1504/2004.

Recommendation

The Minister is recommended to direct the Customs and Immigration Service to instruct the Law Draftsman to draft an Order to include the following reference in the table in Article 1(2) to the Community Provisions (Control of Dual-Use Items and Technology) (Application) (Jersey) Order 2002:-

Council Regulation No.	O.J. Reference	Effect
394/2006	L 74/1, 13.03.2006	Replaces the Annexes

David A J Nurse

Director, Customs and Excise

22 March 2006