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PART 3
Control of Military Items
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Interpretation for Part 3
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22. In this Part—
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“broker” means a person who provides brokering services, within the meaning of this Part, from the customs territory of the European Union into the territory of a third country;
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“brokering services” means—
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(a) negotiating or arranging transactions that may involve the transfer of a military item from a third country to another third country, or
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(b) buying or selling or arranging the transfer of a military item, owned by the provider of the brokering service, from a third country to another third country;
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“Common Military List of the European Union” means the list referred to in Article 346(2) of the Treaty on the Functioning of the European Union which was drawn up on 15 April 1958 and has been updated periodically by the Council;
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“export” means any of the following:
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(a) an export procedure within the meaning of Article 269 of the Union Customs Code;
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(b) a re-export within the meaning of Article 270 of the Union Customs Code but not including items in transit through the customs territory of the European Union;
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(c) transmission of software or technology by electronic media including by fax, telephone, electronic mail or any other electronic means to a destination outside the European Union, including making available in an electronic form such software and technology to legal and natural persons and partnerships outside the European Union;
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(d) oral transmission of technology when the technology is described over the telephone;
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“exporter” means—
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(a) an individual carrying items to be taken out of the customs territory of the European Union where these items are contained in the private individual’s personal baggage, or
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(b) in all other cases—
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(i) a person established in the customs territory of the European Union who has the power to determine and has determined that the items are to be taken out of that customs territory, or
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(ii) any person established in the customs territory of the European Union who is a party to a contract under which items are to be taken out of that customs territory;
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“transit” means—
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(a) the operation of transport of goods leaving the customs territory of the European Union and passing through the territory of one or more third countries with a final destination in another third country, or
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(b) the operation of transport of goods leaving the customs territory of the European Union and intended for re-importation into that customs territory within a period not exceeding 24 months.
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