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Notice to Exporters update 2023/21 was published on 16th November 2023. This communication provides an update on the SPIRE End User Advisory Service.
This service can be accessed via the SPIRE Workbasket by selecting either the “New Application” (via a pop-up, if the user hasn’t chosen not to see it) or directly from the “Do I need a licence to export – Advice Services.”
The End User Advisory Service can be used if the enquirer has already established that the goods do not require a licence but wants to check for any concerns relating to the party that will use the supplied goods.
The notice confirms that the advice received from the service is “non-statutory”, which means it does not constitute advice on how to follow the law and is no substitute for legal guidance.
The service is not available for End Users in the EU27, the United Kingdom, Australia, Canada, Iceland, Netherlands, New Zealand, and the United States.
The update confirms that the system is processing 14,500 enquiries per year, an increase on the previous year’s. With this increase in mind, the update ensures that the enquirer has already received a letter from the ECJU with concerns relating to the end user, who will continue to apply for 12 months. In these instances, a licence application should be submitted on SPIRE as opposed to an enquiry to the End User Advisory Service.
Where the enquirer has previously received a “No Concerns” letter, then that advice is unlikely to change within six months, unless due diligence establishes a significant change relating to the end user. Examples of a substantial change are a change in directors, a change to the products they trade or a change in the delivery address.
The complete communication relating to Notice to Exporters 2023/21 can be found here: https://www.gov.uk/government/publications/notice-to-exporters-202321-end-user-advisory-service/nte-202321-end-user-advisory-service
Strong & Herd recommend signing up for new Notice to Exporter updates to be aware of ECJU and Export Control-related announcements at the earliest opportunity.
You can sign up via this link https://www.gov.uk/government/collections/notices-to-exporters, which also contains the complete list of Notice to Exporters updates.
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:
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