Consolidated List of Strategic Military and Dual-Use Items Update August 2023

BY:

Steve Berry

4 August 2023

Notice to Exporter 2023/14 confirms that the “Consolidated List of Strategic Military and Dual-Use Items that require export authorisation” has been updated on 3^rd August 2023.

The updated version is dated July 2023, which updates the previous version dated June 2021.

There are more pages in the updated version, which is 385 Pages, compared to the previous 310-page version, but the list of contents remains the same.

The updated list confirms that the UK Strategic Control Lists are drawn from the following legislation:

The Export Control Order 2008 SI 2008/3231:
Schedule 2, last amended by SI 2023/695 [UK Military List]
Articles 4A and 42S [UK Security and Human Rights List]
Schedule 3, last amended by SI 2023/302 [UK Dual-Use Control List]
Retained Firearms Regulation No. 258/2012
Annex I [Non-military Firearm List]
Retained Human Rights Regulation No. 125/2019:
Annexes II, III, IV [Human Rights List]
The Export of Radioactive Sources (Control) Order 2006 S.I. 2006/1846:
Schedule [UK Radioactive Sources List]
Retained Dual-Use Regulation No. 428/2009, last amended by SI 2023/695:
Annexes I and IV [Dual-Use List]

Export Control (Amendment) Regulations 2023 (SI 2023 number 695) came into force on July 13^th, 2023: https://www.legislation.gov.uk/uksi/2023/695/contents/made which was highlighted in Notice to Exporters 2023/12.

The updated consolidated list can be found here: https://www.gov.uk/government/publications/notice-to-exporters-202314-strategic-export-control-list-updated/nte-202314-strategic-export-control-list-updated

If you are interested in exploring this topic further, you might find it worthwhile to consider the training courses and live clinics offered by Strong & Herd LLP:

Focus On: Dual Use Export Compliance - The Dual-Use Exporter

This full-day session focuses on a topic relevant to many industry sectors, dual-use regulations. With licences now required for dual-use items moving between the UK and EU, the need to understand this topic has grown significantly. The controls are based on an item’s inherent capability, type of materials or technical ability affecting many industry sectors, including chemical, metals, high-tech products, oil and gas industries, etc.

Trading With The USA: An Introduction to Defence Exports

A popular interactive training course designed for companies involved in the Defence, High Technology and Military environment. The USA have very heavy controls on some of its goods; incorrect end-use of certain US technology leads to potential fines and penalties. Ultimately being denied the right to trade with the USA. This course looks at the controls and regulations affecting goods that are caught under the EAR and ITAR

Focus On: Controlling Technology & Intangible Transfers

Even intangible transmission of controlled items needs export licences. The licensing regulations cover technology, software, and goods; the main difference is that the former can be sent to another country intangibly, e.g. by email, via a VPN, or downloaded from a website. This session will review the type of licences available, how to use them and maintain a technology log for audit purposes. It also covers the use of technology by employees while working overseas.

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