Useful Guidance

Dual-use trade controls

Dual-use items are goods, software and technology that can be used for both civilian and military applications. The EU controls the export, transit and brokering of dual-use items so the EU can contribute to international peace and security and prevent the proliferation of Weapons of Mass Destruction (WMD).

• UN Security Council Resolution 1540
• The Nuclear Non-Proliferation Treaty
• the Chemical Weapons Convention
• the Biological Weapons Convention

EU export controls reflect commitments agreed upon in key multilateral export control regimes such as the Australia Group, the Wassenaar Arrangement, the Nuclear Suppliers Group and the Missile Technology Control Regime…continue reading

Export licences and certificates from 1 January 2021

Published 10 July 2020
From: Department for Environment, Food & Rural Affairs, Government Digital Service, Department for International Trade, Department for Business, Energy & Industrial Strategy, Foreign & Commonwealth Office, Centre for Environment, Fisheries and Aquaculture Science, Marine Management Organisation, Environment Agency, Export Control Joint Unit, and Animal and Plant Health Agency

Licences, certificates and special rules for taking goods out of the UK from 1 January 2021.

You’ll need to get a licence or certificate to export some types of goods from the UK.

Animals, plants, food and agricultural products

live animals and animal products

live animals, semen and embryos under the Balai Directive

fish for human consumption

live fish and shellfish for aquaculture and ornamental purposes

endangered plant and animal species, and products made from them

plants and plant products

wood packaging

timber

Chemicals and waste

ozone-depleting substances and fluorinated gas (F-gas)

nuclear-related items

waste

Controlled goods

controlled goods – these include military items, dual-use items (items with both civil and military uses), firearms, and items that can be used for torture or capital punishment

Diamonds

diamonds

Sanctions

There are different types of sanctions for trade, transport, finance and immigration.

Check if the goods you’re exporting will be controlled by UK sanctions from 1 January 2021. You may also not be allowed to export your goods to someone who is subject to financial sanctions.

Export Control Joint Unit – Updates

Please find below a number of useful updates from ECJU which explain the current situation with export control operations.

All first line enquiries should be sign posted to the Export Control Joint Unit Home Page which contains the links and resources needed to understand control lists, controls themselves, sanctions and how to apply for licences.

ECJU has recently issued the following Notices to Exporters (NTE) in response to the COVID-19 crisis:

• NTE 2020/08  (Coronavirus (COVID-19) Export Licensing Handling) which provides reassurance that licencing operations will continue during the COVID-19 crisis.
• NTE2020/10   (Processing licence applications during Coranavirus (Covid 19) which is the follow-on to NTE2020/08, and provides further information on the interim arrangements ECJU have put in place.
• NTE 2020/07 confirming that the classroom based training courses which were in ECJU’s programme through to September 2020 have been cancelled.

All NTE’s are published on the collection page on GOV.UK  and there is  a link to signing up if you wish to receive e-mail alerts. ECJU are planning a webinar for industry to explain the implications of these NTE’s.

For enquiries about Open General Licences and the reasons why ECJU removed Saudi Arabia, the Coalition Partners and Turkey from some of these, you may wish listen to the recording of a webinar from 16 March. For some reason this recording opens on slide 15 – just scroll back.

Undertaking Effective Due Diligence

Dow Jones

At Dow Jones, we believe that high-quality, well-maintained data is the lifeblood of effective screening engines, and that the right combination of information and technology can deliver an efficient compliance program that doesn’t cut corners.

Built on the legacy of the world’s most trusted newsrooms, including The Wall Street Journal, our Risk & Compliance division combines the expertise of a multilingual team 450 of researchers and analysts with industry-leading automation and artificial intelligence tools.

We deliver reliable, actionable information and applications that are developed specifically for compliance requirements and workflows related to anti-money laundering and counter-terrorism financing, sanctions, anti-bribery and corruption and international trade compliance.

• • Contacts:
    Will Hoad – will.hoad@dowjones.com
    Marian Halasz – marian.halasz@dowjones.com

sipri – Revising the EU Dual-use Regulation: Challenges and opportunities for the trilogue process

The 2009 EU Dual-use Regulation (Council Regulation 428/2009) creates a common legal basis for European Union (EU) member states’ controls on the trade in ‘dual-use items’ (i.e. goods, materials and technologies that may be used for both civilian and military purposes) and is a crucial component of global non-proliferation efforts…

• sipri Backgrounder – Revising the EU Dual-use Regulation: Challenges and opportunities for the trilogue process – Oct 2019

Notice to Exporters 2019/08: 3 open general licences updated

Three open general licences relating to Iraq, maritime anti-piracy and export of military goods after exhibition or demonstration have been updated. Read more about this important news in Notice to Exporters 2019/08.

For general export control queries please contact our Helpline on 020 7215 4594 or exportcontrol.help@trade.gov.uk

Business Awareness Unit  Export Control Joint Unit

British Export Control [BEC]

British Export Control [BEC] is a cadre of ex UK Govt. and EU export control experts, now supporting Governments and businesses throughout the world. ​We provide a range of bespoke training , support and guidance to all levels of business from one man concerns, large scale manufacturers, Financial institutions and Governments. Further Information >>

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 13^th 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.

• Slides: Mid-discovery Show & Tell (Jan 16)

OVERSEA STORAGE AND TRANSFER OF ELECTRONIC INFORMATION

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.

• Dispersed Storage – EGADD – 07 Aug 2012 (100.8 KB)

EGADD GUIDE ON LICENSING REQUIREMENTS FOR EXHIBITIONS

• EGADD Guide on Licensing Requirements for Exhibitions (86.2 KB)

UNITED STATES (US) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR) 126 18 RULE CHANGES

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.

• US ITAR Regulations 126 18 Rule Change (32.0 KB)

FREIGHT FORWARDERS

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

• FREIGHT FORWARDERS – oct 2015

UPDATE ON US ITAR DUAL AND TCN GUIDANCE FOR UK – Aug 2011

• Exchange of Notes UK concerning ITAR rule change dated 11 August 2011 (170.9 KB)
• Exchange of Notes US concerning ITAR rule change dated 11 August 2011 (661.7 KB)
• US ITAR Rule Change on DTCNs TSP (208.8 KB)
• US-ITAR-Rule-Change-on-DTCNs-QA-Matrix

MODEL UNDERTAKING OGEL MILITARY GOODS

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 in Australia, 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.