Useful Guidance

Latest Addition:

EGADD Briefing 14th July 2016

USEFUL GUIDANCE

Crown Exemption

Following a query, on behalf of a Member Company, it has been confirmed to EGADD by the UK Ministry of Defence that the ONLY people who are authorised to issue Crown Exemption/Immunity letters to companies to move items on the UK Government’s behalf, are the UK MoD staff who are embedded within the Export Control Joint Unit. No other letters, from any other sources, can or should be relied upon, as we are aware of a number of instances in which companies, who have done so, have been found to be in breach of the regulations. The current information (at the time of writing) on this on the GOV.UK website was not up-to-date, and its guidance was wrong, and should NOT be relied upon. It must also be noted that Crown Immunity does not cascade down through the supply chain, despite comments to the contrary.

If any companies need any further clarification on this issue, they should contact: Brinley.Salzmann@adsgroup.org.uk.

Blog launched on Import and Export Licensing from BIS

The Import and Export Licensing Service is being developed by an in-house development team within the Department for Business, Innovation & Skills (BIS) developing a new cross-government platform for import and export licensing to replace the current SPIRE IT system. This service is part of One Government @ the border and will be extended to roll-out across Government for import and export licensing.

Import and Export Licensing Blog (BIS)

Our Service Vision is:

‘To create a secure Government platform for import and export controls, that is customer-focused and intuitive’

  • A ‘one stop shop’ for licensing and permissions for import and export
  • A single experience for moving permissible goods across the UK border
  • Enable Imports and exports in a secure & effective manner
  • Digitally transforming current Government services
  • Enhancing UK trade

The Export Control Organisation has just commenced consultations with Industry aimed at the replacement, in 2017, of the current SPIRE electronic licensing system, to produce a new, improved and more user-friendly system for companies to use to apply electronically for import licences, export licences, exhibition clearances, security gradings, F680s, etc, etc. The first formal consultation meeting with Industry took place on 13th January, and a copy of the blog that has been created on this project is available at: https://importexportlicensing.blog.gov.uk . All Members are encouraged to get involved in this process and provide inputs to these consultations.

This paper is produced by ADS’ Export Group for Aerospace, Defence, and Dual-Use (EGADD) in an attempt to clarify the issues and concerns surrounding the overseas storage and management of electronic information. It is intended only as a guide to the principles involved, and is not intended to be authoritative. If affected by these issues, companies should seek their own legal advice.

The US Department of State (DoS) has issued a final rule amending the International Traffic in Arms Regulations (“ITAR”) to include a new licence exemption for transfers of Defence articles to Dual National or Third Country National (DTCN) employees of foreign end-users. The new rule came into force on 15 August 2011 and eliminates the need to obtain prior approval from DoS for the transfers of unclassified Defence articles (including unclassified technical data) to DTCN employees of foreign business entities, foreign government entities, or international organisations that are approved end-users or consignees (including approved sub-licensees) for such Defence articles.

List of freight forwarders whom EGADD members can recommend for their knowledge and proficiency on export control issues

The goods (describe goods) exported by (name UK exporter) are for use by xxxxx for (describe purpose) and will not be re-exported, either in the form received or after incorporation, to a destination other than inAustralia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Iceland, Ireland (Republic of), Italy, Japan, Netherlands, New Zealand, Norway, Spain, Sweden, United Kingdom and USA except they may be re-exported for end-use by the Government of:

Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia and Switzerland

The goods will not be re-exported to any customs free zone.The goods will NOT be put to any of the following uses:

(a) use, other than permitted WMD use, in connection with the development, production, handling, operation, maintenance, storage, or dissemination of chemical, biological or nuclear weapons, or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons;

(b) use that would be inconsistent with the terms of a UN, OSCE or EU arms embargo or any other arms embargo observed by the UK;

(c) incorporation in goods or technology that are to be exported, re-exported or transferred to a person or entity in a destination other than one specified in Schedule 2 ;

(d) re-export or transfer of goods in Schedule 1 Part A to a person or entity in a destination other than one specified in Schedule 2 ; or

(e) export or transfer of goods in Schedule 1 Part B other than where the ultimate end-user is to a Government or NATO Headquarters in a destination specified in Schedule 2.

Reference to Schedule 2 means Schedule 2 in the OGEL Military Goods issued and as, from time to time, amended by the UK Department for Business Innovation and Skills.