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National military export control list
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23. (1) The Minister, having consulted with such other Minister of the Government as he or she considers appropriate, may prescribe a list of items, other than dual-use items, which shall be known as the national military export control list.
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(2) An item for the time being prescribed under subsection (1) to be on the national military export control list shall be a “military item”.
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(3) The Minister may prescribe an item to be a military item where—
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(a) the item is included on the Common Military List of the European Union,
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(b) the item has been specially designed, developed or modified significantly for military purposes,
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(c) it is necessary for, and proportionate to, the protection of the essential interests of the State’s security, which are connected with the production of or trade in items listed in the Common Military List of the European Union, and
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(d) it does not or will not adversely affect the conditions of competition in the internal market regarding products which are not intended for specifically military purposes.
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(4) Before prescribing an item to be on the national military export control list the Minister shall have regard to—
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(a) the State’s commitment to multilateral non-proliferation regimes,
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(b) the State’s obligations under Council Common Position 2008/944/CFSP, and
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(c) reasons of public security.
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