New advice for export control professionals in the UK, India, the US and (soon) on the cloud

advice export control

For those working in the field of export control and licences, staying up to date with all the changing laws and regulators’ interpretations of them is essential

The IOE&IT’s Export Control Profession keeps members informed about the latest developments through webinars and online guides.

Below are four key updates you may find useful or interesting.

Government scrutiny over acquisition of  firms with national security interests

Sunny Baker and Eren Kilich from Baker McKenzie assess the impact of amendments to the UK’s merger regime in 2018 and 2019, which gave government greater scrutiny to assess transactions which raise national security concerns.

The UK government now has greater oversight over acquisitions involving businesses that develop or produce items controlled under EU and UK export control laws.

“As the government is more active in intervening in transactions on national security grounds than in the past, it is becoming increasingly important to be able to accurately appraise the risk of a merger being caught by the new regime”, they write.

You can read the full article here.

Advice for defence firms employing US staff

Ed Peartree, the group deputy head of export controls at BAE Systems, dives into recent advice from the US Directorate of Defence Trade Controls (DDTC), to provide clarity for non-US companies employing US staff for work on defence goods or services.

Though the regulation – the International Traffic in Arms Regulations (ITAR) – has not changed, the US state has clarified how the US state could interpret it.

Peartree’s review of the interpretation shines a light on issues such as when US employees for non-US companies should register with the DDTC and what constitutes an employee’s involvement in the design and development of a good or service covered by ITAR.

You can read the full article here.

Upcoming webinar on cloud computing

The IOE&IT Export Control Profession will be running a webinar on ‘Cloud computing and export controls’ on 9 September with former British diplomat and export controls expert Richard Tauwhare.

Technologies and software exported by sharing via the cloud are subject to export control regulation and businesses exporting it also have an obligation to ensure compliant ‘data hygiene’ including meta-tagging and geographical indicators.

The webinar will assess which control regulations apply, what constraints they put upon the exporter and the best practice that should be applied.

You can register for the webinar here.

Webinar recording: control regulation in India

On 22 July, the ECP of the IOE&IT ran a webinar looking at what companies exporting goods from India need to know about the country’s control regulations and licensing regime.

The panel included Ameeta V. Duggal, a partner at DGS Associates, and Sanjay Notani, a partner at Economics Law Practice.

You can watch a recording of the webinar below: