Advisory Warning No. 12 of 2012 - The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004 (2012-07-05)

Summary

This is an advisory notice issued by the BVI Financial Services Commission informing the public and industry that a UK-made export control order was ratified and extended to the British Virgin Islands on 12 April 2012. The Order establishes a framework controlling the export of military and dual-use goods, software and technology, and the transfer of technology and technical assistance connected with weapons of mass destruction (WMD).

• Scope: Applies to persons located in the Territory, and in respect of certain WMD-related provisions, to United Kingdom persons ordinarily resident in the Territory wherever they are in the world.
• Controls covered: Export of military and dual-use goods, software and technology; electronic and non-electronic transfer of such technology; and provision of technical assistance connected with WMD or missiles capable of delivering WMD.
• Structure of the Order: Six parts covering export controls (Part I), technology transfer controls (Part II), technical assistance controls (Part III), exceptions (Part IV), licensing/record keeping/appeals (Part V), and penalties/enforcement (Part VI).
• Appeals: A person may appeal a decision of the Governor to refuse, suspend or revoke a licence, but the appeal must be made within 28 days of the written notification of that decision.
• Penalties: Intentional breach of the export, transfer or technical assistance controls carries a maximum penalty of ten years imprisonment, the maximum allowed under the UK Export Control Act 2002.

The advisory is informational, alerting BVI persons and businesses to the existence and content of the extended Order rather than creating new FSC-specific filing requirements; the substantive obligations (licensing, controls, penalties, appeal rights) arise directly from the Order itself.

Key obligations

• Persons in the Territory (and UK persons ordinarily resident there) must not export controlled military or dual-use goods, software or technology, or transfer such technology electronically or otherwise, without complying with the licensing controls under the Order.
• Persons must not provide or facilitate technical assistance outside the Territory that they know, or are informed by a competent authority, is or may be intended for use in connection with WMD or missiles capable of delivering WMD, without complying with the Order's controls.
• A person appealing the Governor's refusal, suspension or revocation of a licence under the Order must lodge the appeal within 28 days of the date of the written notification of the decision.

Applies to

persons in the British Virgin Islands exporting goods, technology or providing technical assistance, United Kingdom persons ordinarily resident in the Territory

Deadlines

• 12 April 2012: Date on which the Order was ratified and extended to the British Virgin Islands.
• 28 days of the date of the written notification recording the Governor's decision: Deadline for appealing a decision of the Governor to refuse, suspend or revoke a licence under the Order.