The UK government department overseeing the implementation of export control rules has issued multiple notices in recent weeks indicating licensing and control list changes that could affect a wide range of companies exporting dual-use or military items.
The Department for International Trade’s Export Control Joint Unit (ECJU) regularly releases ‘Notices to Exporters’ about regulatory developments that a wide range of companies – including those trading technologies and software – need to know about.
“Users of these licences should review the changes and ensure that their current or planned exports are still covered by the amended licences, or apply for new licences for continued authorisation,” said Roger Arthey, the chair of the Institute of Export & International Trade’s Export Control Profession.
UK government amends eight open general export licences
The UK government has updated six open general export licences (OGEL) to comply with the UK’s obligations under the European Union Directive 2009/43/EC (known as the Intra-Community Transfer or ‘ICT’ Directive).
It has also updated a further two to correct an error in the list of goods covered by these licences.
The details are contained in this Notice to Exporters from the ECJU.
The updated licences are:
- Open General Export Licence Certified Companies
- Open General Export Licence Exports Under the US-UK Defence Trade Cooperation Treaty
- Open General Export Licence Military Goods Software and Technology, Government or NATO End-Use
- Open General Export Licence Military Goods Software and Technology
- Open General Export Licence (Software and Source Code for Military Goods)
- Open General Export Licence Technology for Military Goods
- Open General Export Licence (Export After Repair/Replacement Under Warranty: Military Goods) – From June 2019
- Open General Export Licence (Export After Repair/Replacement Under Warranty: Military Goods)
UK updates licences on information security items
The UK government has updated two OGELs on information security items to allow the export of such items that are deemed ‘low risk’.
The OGELs have been amended to include China, Hong Kong and Macao as permitted destinations, although this has been counter-balanced by a reduced list of permitted items for such places.
The items authorised must only use standard encryption algorithms that have been approved or adopted by recognised international standards bodies such as ETSI (the European Telecommunications Standards Institute) and ISO (International Organization for Standardization).
Any cryptographic functionality used by the item cannot be easily changed by the user and the items must not have an open cryptographic interface.
In addition, there have been simplifications to the requirements for reporting that must be completed prior to the first export of each item, as well as additional technical data reporting.
The licences affected are:
- Open General Export Licence Information Security Items – From December 2019
- Open General Export Licence Information Security Items
Details are contained in Notice to Exporters 2021/03 which you can read here.
UK introduces new controls on exports of munitions
The UK government has also updated the Export Control Order affecting exports of military and UK-controlled goods, software and technology.
The Export Control (Amendment) Order 2020 (SI 2021 No.586) implements changes to the list of controlled defence-related products.
These reflect changes to the Wassenaar Arrangement munitions list and also fix minor drafting errors.
It came into force on 7 June 2021. The ECJU Notice to Exporters outlining the changes can be read here.