Customs Export Prohibition Order 2011

7 Prohibited goods or electronic publications for certain uses

• (1) The exportation of the goods or electronic publications specified in subclause (2) but not specified in the Schedule is prohibited, except with the consent of, and subject to such conditions (if any) not inconsistent with this prohibition that are imposed by, the Secretary of Foreign Affairs and Trade.

  (2) The goods and electronic publications referred to in subclause (1) are goods or electronic publications that are determined by the Secretary of Foreign Affairs and Trade to be goods or electronic publications that are or may be intended for use relating, directly or indirectly, to any or all of the following:

  • (a) the development, production, or deployment of nuclear explosive devices (as defined in the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987) and their means of delivery:

  • (b) the development, production, or deployment of biological weapons (as defined in the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987) and their means of delivery:

  • (c) the development, production, or deployment of chemical weapons (as defined in the Chemical Weapons (Prohibition) Act 1996) and their means of delivery:

  • (d) a military end-use, if the country of destination is subject to a United Nations Security Council arms embargo and the subject of regulations under section 2 of the United Nations Act 1946:

  • (e) use as parts or components of military items that fall within categories ML1–ML22 that have been unlawfully exported from New Zealand.

  (3) For the purpose of subclause (2)(d), military end-use means—

  • (a) incorporation into military items that fall within categories ML1–ML22; or

  • (b) use of production or testing of analytical equipment and components in relation to the development, production, or maintenance of military items referred to in paragraph (a); or

  • (c) use of any unfinished products in a plant for the production of military items referred to in paragraph (a).

  (4) For the purpose of this clause, categories ML1–ML22 means categories ML1–ML22 set out in the New Zealand Strategic Goods List maintained by the Ministry of Foreign Affairs and Trade.