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Jonathan Reynolds, Secretary of State for Business, made a statement in Parliament on 2nd September 2024 to update the House on a change to government policy towards the export of military goods to Israel.
The reason for the change in policy is that exported military goods may be used to commit or facilitate serious violations of International Humanitarian Law with regard to the war in Gaza.
The UK Government has an obligation to ensure adherence to International Humanitarian Law, which has been reflected in the change to UK export policy regarding exports to Israel.
Under the provision of Article 32 of the Export Control Order 2008, the Secretary of State for Business and Trade has the power to suspend or revoke export licences. In this instance, the change is exacted when the government assesses that goods for export may be for use in military operations in Gaza.
In a press statement, the Foreign Office confirmed that 350 export licences were assessed. Of the 350 live export licences supporting exports of military goods or technology to Israel, around 30 are confirmed as suspended where deliveries are directly to the Israeli Defence Force. Some Open General Export Licences (OGEL) have been affected by removing Israel as a permitted destination (see below).
The Export Control Joint Unit (ECJU) will contact any business with export licences in scope with the assessment criteria to confirm the licence decision and further inform about actions to be taken.
Changes to Open General Export Licences
Changes to Government policy have been reflected in Open General Export Licences, and Israel has become a restricted destination country on those licences.
Changes have been made to the following export licences
- Open general export licence (exports in support of Joint Strike Fighter: F-35 Lightning II)
- Open general export licence PCBs and components for military goods
- Open general export licence technology for military goods
- Open general export licence software and source code for military goods
- Open general trade control licence for category C goods
- Open general trade control licence trade and transportation: small arms and light weapons
For exporters using the OGEL to support the F-35 programme, the OGEL has been amended to remove the ability to export directly to Israel. The Minister advised that exports to partner countries could continue to support meeting international obligations. However, exporters using this licence should still ensure that they are able to meet the conditions of the licence before using it to support a UK export.
Using OGELs to support Intangible Exports to Israel
Exporters using the affected OGELs to support the export of intangible deliveries or facilitate downloads as exports, should review their internal export policies and ensure that intangible deliveries of military technology, software or source code to Israel cease with immediate effect.
Application for Standard Individual Export Licences will be necessary for any goods or intangible deliveries to be made going forward.
For exporters that have licence applications in process with the ECJU, the advice is that the assessment criteria will be applied to all new export licence applications. The assessment criteria are unlikely to be published.
Note: The SPIRE licence OGEL Checker will be updated in due course.
The Government has advised that the position will be kept under review.
A link to the Notice to Exporters can be found here:
Notice to exporters 2024/20: suspension of licences for Israel - GOV.UK (www.gov.uk)
A link to the written statement by Jonathan Reynolds can be found here:
Written statements - Written questions, answers and statements - UK Parliament
The Foreign Office Press Release can be found here:
Contact Export Control Joint Unit
General queries about strategic export licensing
Export Control Joint Unit
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY
Email exportcontrol.help@businessandtrade.gov.uk
Telephone 020 7215 4594
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:
Beginners Guide to Export Licensing Controls
Whether at the start of your learning pathway or as a standalone training session, this course will begin your journey to understand export licensing controls and how they work. Covering essential elements gives delegates an excellent springboard to understand what goods, technology or software could be controlled and review business-relevant areas in more detail.
Applying for and Using UK Export Licences
A practical session to explain the information needed to apply for individual licences and how to understand when an open licence is appropriate for a particular movement or transfer of controlled items. This workshop is designed to teach delegates how to use the export licensing system in the UK.
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
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