Via the gov.uk “Notice to Exporters” updates in relation to UK Export Control regulations 2021/14 have been released on Wednesday 8^th December confirming that a new Strategic Export Licensing Criteria has been laid before UK Parliament.

This is an important change because the criteria will be applied immediately to all licensing decisions on goods, software and technology controlled for strategic reasons for export, transfer, trade (brokering) as well as transit and transhipment. In addition, the criteria will also be applied to the provision of technical assistance or other services related to those items, to the extent that these activities are subject to control.

There is also a revision to Military End Use controls in the UK. The change will permit a control on a case-by-case basis of non-listed items intended for use by the military, paramilitary, security forces or police forces for a destination that is subject to an arms embargo under UK export controls.   

Exceptions to this control mould be for medical supplies and equipment for hospitals and public health institutions as well as food, clothing, and consumer goods available to the public.

In addition, China will be added to the list of destinations subject to Military End Use Controls but this doesn’t change the partial arms embargo on China that is already in place. 

This change will be delivered via an amendment to the 2008 Export Control Order which is due in Spring 2022.

This is the link to the Trade Policy Update made today by Anne-Marie Trevelyan https://questions-statements.parliament.uk/written-statements/detail/2021-12-08/hcws449

Key text from the update.

The Strategic Export Licensing Criteria, 8 Criterion (summarised below) which forms the basis for reasons that an export licence will not be issued / the considerations that the UK Government will make when deciding if a licence will be granted.

This statement of the Criteria is guidance given under section 9 of the Export Control Act 2002. It replaces the Consolidated EU and National Arms Export Licensing Criteria announced to Parliament on 25 March 2014.

Criterion One; Respect for the UK’s international obligations and relevant commitments, in particular sanctions adopted by the UN Security Council, agreements on non-proliferation and other subjects, as well as other international obligations.

Criterion Two; Respect for human rights and fundamental freedoms in the country of final destination as well as respect by that country for international humanitarian law.

Criterion Three; Preservation of internal peace and security

Criterion Four; Preservation of peace and security

Criterion Five; The national security of the UK and territories whose external relations are the UK’s responsibility, as well as that of friendly and allied countries.

Criterion Six; The behaviour of the buyer country with regard to the international community, as regards in particular its attitude to terrorism and transnational organised crime, the nature of its alliances and respect for international law.

Criterion Seven; The existence of a risk that the items will be diverted to an undesirable end-user or for an undesirable end-use

Criterion Eight; The compatibility of the transfer with the technical and economic capacity of the recipient country, taking into account the desirability that states should achieve their legitimate needs of security and defence with the least diversion for armaments of human and economic resources.

And importantly; In exceptional circumstances the government may decide not to grant a licence for reasons other than those set out in Criteria 1 to 8 where the items may have a significant negative impact on the UK’s international relations.

This is the link to the Notice to Exporters Update https://www.gov.uk/government/publications/notice-to-exporters-202114-updates-to-the-export-control-regime 

While you are here you may be interested in some Strong & Herd LLP training courses related to this topic, we offer a wide range of high quality training courses to support all importing and exporting activities. 

Beginners Guide to UK, EU & US Export Licensing

Introduction to UK Export Licensing Controls

The Dual-Use Exporter: Understanding Dual-Use Export Controls