Return to an Address of the Honourable the House of Commons
dated 18 July 1996 for the Appendices to the Report of the Inquiry into the Export of Defence Equipment and Dual-Use Goods to Iraq and Related Prosecutions laid before The House on 15 February 1996*

Volume One
Section D Arms and Defence-Related Exports to Iraq
Chapter 2 Applications of The Guidelines in the period
December 1984 to August 1988

Excerpt:
Specific Cases - (i) The Repair Waiver *177

D2.122 It was agreed at the 5 December 1984 IDC meeting that the DTI would take action to withdraw, for Iran and Iraq, the waiver under which military equipment sent to the United Kingdom for servicing or refurbishment could be returned without the requirement of an export licence.

D2.123 The DTI was not in the least enthusiastic about the withdrawal of the repair waiver. Officials felt that they had “no option but to agree in principle” but were anxious to limit the scope of the withdrawal. *178 The officials suggested that the withdrawal should be confined to Group 1 (Military List) goods and, in Group 3 (the Industrial List), to gas turbine engines and navigational radar equipment. A letter dated 18 January 1985 to that effect was sent by Mr Sanders to Mr Lavender with copies to the FCO and to Customs. *179 The MOD agreed with the suggestion. 180 The FCO were apparently content to leave it to the MOD to agree with the DTI the categories of equipment to be excluded from the repair waiver. *181

D2.124 Notice of the withdrawal was accordingly inserted in ‘British Business’ and the withdrawal became effective as from 1 April 1985.

D2.125 The repair waiver continued in force for Iran and Iraq, as well as for all other countries, in respect of Group 3 (Industrial List) items other than gas turbine engines and navigational radar equipment. Some equipment which could be described as ‘defence equipment’ or ‘defence- related’ equipment continued, therefore, to be covered by the waiver. In relation to that equipment, export licences did not need in practice, notwithstanding the legal requirements, to be applied for and no occasion for testing the export against the Howe Guidelines could arise.

Endnotes
*177 - see also paragraph D1.146 et seq

*178 - see Note dated 5 December 1989 from Mr Hall (OT4) to Mr Sanders (ELB) and Note dated 17 December 1989 from Mr Sandars to Mr Casey (Air 1). DTI/39(A1).1704 and DTI/39(A1).1708.

*179 - DTI/39(A1).1724

*180 - see Mr Lavender’s letter dated 18 February 1985: DTI/39(A1).1732

*181 - see paragraph 3 of the FCO’s Summary Record of the IDC meeting on 8 January 1985: FCO/2.4.91

* The Full report is available from The Stationery Office Ltd., PO Box 276, London, SW8 5DT.