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2024 saw 31 Notices to Exporters issued by the authorities, with subjects ranging from urging UK business’ best practices towards export controls, changes in OGELs and licencing regulations to further detail on trade restrictions on Russia and reminders to traders as to the financial cost to a business of trade offences.
Of the 31 NTEs published last year, 14 related to changes to regulations or amendments to export licences. One notice (2024/20) acknowledged the new government’s policy of limiting military exports to the Israeli Government directly.
Other notices reflected moves towards new IT systems with the introduction of LITE, the latest export licencing system going live for SIEL applications, practical instructions for traders declaring UK export licences on the new Customs Declaration Service, and particular clarity for when the declaration goes awry and the licence is exhausted in error.
Below is a summary of the Notices to Exporters published for 2024 and the subjects covered.
Notice to exporters 2024/01: reminders and good practice from Licencing Unit
Issued on 10 January 2024, the ECJU started the year with a gentle reminder to exporters of the importance of good practice in relation to exports.
Notice to exporters 2024/02: General Trade Licence Russia Sanctions - Vessels
Issued on 18 January to advise traders of the revised General Trade Licence for Russia relating to Vessels
Notice to exporters 2024/03: changes to permitted destinations on 13 open general licences
Notice 2024/03, published on 19 January, advised that certain countries were to be removed from export licences as permissible destinations. The destination countries removed from the given open licences were Burkina Faso, Haiti, Mali, and Niger. The licences that were changed as a result were:
- Export after exhibition or demonstration: military goods
- Export after repair/replacement after warranty; military goods
- Export for repair/replacement under warranty: military goods
- Technology for military goods
- Transhipment licence
- Sporting goods
Notice to exporters 2024/04: The Export Control (Amendment) Regulations 2024
Published on 12 March 2024, Notice 2024/04 related to a change in regulation, specifically the Export Control Order 2008, and the Council Regulation (EC) No 428/2009, which is assimilated under the Retained EU Law (Revocation and Reform) Act 2023 and is now referred to (“the assimilated Dual-Use Regulation”).
Exporters were advised that Statutory Instrument (SI 2024 No 346) to the Export Control (Amendment) Regulation would enter into force on 1st April, The Export Control (Amendment) Regulations 2024. These Regulations made changes to:
- Schedule 2 (military goods, software and technology) of the 2008 Order
- Schedule 3 (dual-use goods, software and technology) of the 2008 Order
- Annex I (dual-use goods, software and technology) of the assimilated Dual-Use Regulation.
Notice 2024/05 advised that the Export Control Joint Unit (ECJU) had updated the Open General Export Licence (OGEL) for the export of dual-use items to EU member states, taking into account recent changes to Schedule 3 of the Export Control Order 2008.
The OGEL was updated to permit the export of items specified by entries PL9013, PL9014, and PL9015 to specific destinations permitted on the licence.
The updated licence came into force on 1 April 2024, so the previous licence, dated 24 March 2022, was revoked on 1 April 2024.
Notice to exporters 2024/06: updates to UK strategic export list
Notice 2024/06 advises that the amendments to Export Control Order 2008 (“the 2008 Order”) and the Council Regulation (EC) No 428/2009 have been issued, and an updated version of the UK strategic export control list has been published.
The online checker tools were also updated to include the new control entries, including some recent updates to ‘open general export licence (export of dual-use items to EU member states)’ that were laid out in the detail of NTE 2024/05
Notice to exporters 2024/07: Russian sanctions
Notice 2024/07, published on 1 May 2024, is the first of the NTEs reminding traders that non-compliance with sanctions legislation is a serious offence. This notice gives statistical details of government sanctions policy and the economic effect that sanctions are having on Russian trade. The published notice highlights the affected areas of trade and points the trader to the Russia Sanctions Guidance page.
Notice to exporters 2024/08: breaches of strategic export compound settlement issued
The first of two NTEs issued on 1 May is the second warning for exporters found to be in breach of export regulations.
NTE 2024/08 details that compound settlement offers totalling £2.3m were made to seven UK exporters between January and March 2024.
These settlements related to unlicensed exports of military-listed goods, dual-use goods, and related activity controlled by the Export Control Order 2008.
Notice to exporters 2024/09: update on AUKUS
The second NTE, published on 1 May 2024, updated exporters on progress with export control reforms between the AUKUS (Australia, UK, US) partner nations, providing for new export authorisations between and amongst AUKUS nations, and offered a draft open licence for comment.
NTE 2024/10, issued on 15 May 2024, advised of a minor amendment to the open licence for Export for Exhibition: Military Goods. Change of MoD contact details
Notice to Exporters 2024/11: Russia sanctions: Sales of oil tankers to third countries
This is another prompt from the ECJU for exporters to guard against the onward movement of goods in contravention of Russian Sanctions, published on 21 May 2024.
In this instance, the notice was directed to those engaged in selling vessels to third countries, urging them to consider thorough due diligence against the onward selling of vessels to Russia or any direct brokering supporting the sale of vessels to Russia in contravention of the Russian Sanctions regulations.
Notice to exporters 2024/12: export declarations move from CHIEF to CDS from 4 June 2024
NTE 2024/12 of 5 June 2024 reminded exporters that all export declarations would move from the decommissioned HMRC IT system, CHIEF, to the new Customs Declaration Service .
Notice to exporters 2024/13: updates to the lists of controlled items on 4 licences
The second notice, issued on 5 June 2024, advised exporters of updated dual-use licences, reflecting the changes announced in NTE 2024/04.
The licences are dual-use licences relating to export after exhibition, chemicals, export after repair/replacement under warranty and export for repair/replacement under warranty.
Notice to exporters 2024/14: customs declaration service (CDS) - exhaustion in error guidance
Published on 21 June 2024, this notice gave guidance to traders where circumstances have led to the erroneous exhaustion of export licences during the export declaration process. The movement from making export licence declarations on CHIEF to making export licence declarations on the new CDS caused some technical confusion.
Notice to exporters 2024/15: intention to move to LITE public beta in September 2024
NTE 2024/15, published on 8 August 2024, advised that the LITE export licencing database was due to go live on 17 September 2024. This makes provision for UK exporters to apply for standard individual export licences (SIELs) using the new Licensing for International Trade (LITE) service.
This NTE, published on 14 August 2024, clarifies exporters' use of the GCAP open general export licence.
The licence conditions require evidence of eligibility to use the licence, such as a letter confirming eligibility from the MoD.
Notice to exporters 2024/17: changes to the MOD form 680 process
NTE 2024/17, published on 15 August 2024, informed exporters of a substantial change to the F680 process to include the US ITAR requirements.
The notice advised that the UK would adapt its existing Ministry of Defence Form 680 (F680) security process to become the administrative vehicle through which the MoD would review and enable the release of United States ITAR-controlled defence articles, including technical data, to foreign persons both within and outside the UK.
This change reflects part of the UK-US export control reforms to reduce barriers to collaboration and collaborative projects.
Notice to exporters 2024/18: update on AUKUS and publication of new open general licence
16 August 2024 saw further information on AUKUS (Australia, UK, US) collaboration and a new open general export licence to support the AUKUS trilateral defence partnership.
Notice to exporters 2024/19: Customs Declaration Service (CDS) exports – important information
Issued on 23 August 2024, NTE2024/19 provided technical detail and guidance on how an export licence should be accurately declared on CDS.
Notice to exporters 2024/20: suspension of licences for Israel
NTE2024/20 was published on 2 September 2024 following the Foreign Secretary’s Oral Statement to Parliament and the Written Statement made by the Secretary of State for Business and Trade on 2 September 2024.
Under article 32 of the Export Control Order 2008, the Secretary of State for Business and Trade suspended extant export licences where assessment was considered as needed as to whether items would be used in military operations in Gaza.
Changes were made to the following 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
Further information on trade with Russia was released in NTE2024/21 on 6 September 2024 relating to The Russia (Sanctions) (EU Exit) (Amendment) (No.4) Regulations 2024 which came into force on this date amending the Russia (Sanctions) (EU Exit) Regulations 2019 (the “Russia Regulations”). The amendment was to afford clarity to the provision of legal advisory services under certain conditions.
As a result of the amendment, the Legal Advisory Services General Trade Licence, which was put in place to facilitate licensing of certain legal services, was no longer required and was therefore revoked on 6 September 2024, at the point at which the amending regulations came into force.
Notice to exporters 2024/22: second quarter compound settlements
11 September 2024 saw the publication of NTE 2024/22 relating to further compound settlement offers for two UK exporters.
The settlements totalled in excess of £348,000 and related to unlicensed exports of military listed goods, dual-use goods and other related activity that is controlled by The Export Control Order 2008 and Retained Regulation 428/2009.
Notice to exporters 2024/23: changes to contacting ECJU operations
Published on 16 September 2024, NTE 2024/23 confirms export licence application processing times and introduces a new licence enquiry process being routed through a centrally managed mailbox rather than allowing direct access to the case officers.
This change took effect from the 1 October 2024
Notice to exporters 2024/24: trade sanctions against Iran, introduced in September 2024
Also issued on 16 September 2024, NTE2024/24 advised of new legislation supporting new trade sanctions on Iran that entered into force on 13 September 2024.
The legislation, namely the Iran (Sanctions) (Amendment) Regulations 2024, amending The Iran (Sanctions) Regulations 2023 (the ‘regulations’) originally introduced in 2023.
Notice to exporters 2024/25: launch of the ‘Apply for a SIEL’ service (LITE) public beta
Published on 17 September 2024, the second notice of the new ‘Apply for a SIEL’ service (LITE), this time confirming LITE being ready for use for the application for Standard Individual Export Licences
Notice to exporters 2024/26: update on Russia sanctions licensing for intra-corporate services
NTE 2024/26 published on the 30 September 2024 advised that from 31 October 2024, the provision of intra-corporate services would no longer be listed in the Statutory Guidance as a licensing consideration likely to be consistent with the aims of the sanctions regime.
The notice also advises that a company that wishes to provide intra-corporate services to their Russian subsidiary must explicitly demonstrate how the provision of any ongoing services aligns with the overarching purposes of the sanctions as set out in the regulations.
Notice to exporters 2024/27: updates to 2 open general export licences
NTE2024/27 published on 24 October 2024 advises of updates to two open general export licences:
- OGEL Exports in Support of Joint Strike Fighter (F-35 Lightening II) and
- OGEL Exports or transfers in support of UK Government Defence Contracts
Notice to exporters 2024/28: compound settlement for breaches of export control – August 2024
4 November 2024 saw the first of two publications relating to breaches of export controls in August.
NTE2024/28 advised that in August and September 2024, HM Revenue and Customs (HMRC) issued compound settlement offers to 3 UK exporters worth £1.9 million.
The settlements related to unlicensed exports of Military listed goods, Dual-Use goods and related activity controlled by The Export Control Order 2008 and Retained Regulation 428/2009.
Notice to exporters 2024/29: compound settlement for breaches of Russian sanctions – August 2024
The second notice published on 4 November 2024 related to compound settlements issued by HMRC for breaches of the Russian Sanctions.
The compound settlement was issued in August 2024 and HMRC confirmed that £58,426.45 was paid relating to the export of goods in breach of The Russia (Sanctions) (EU Exit) Regulations 2019
Notice to exporters 2024/30: sentenced for breaches of UK export controls
NTE 2024/30 was issued on 17 December 2024 relating to a named company (EDM Limited) being sentenced in November 2024 for breaches relating to the UK Export controls.
The final NTE of 2024 was issued on 19 December.
NTE2024/31 advised that the CDS is unable to accept diacritic and special characters when making a declaration. HMRC requested that traders do not use special or diacritic characters in their Department for Business and Trade (DBT) ICMS 2, SPIRE and LITE licence applications until the issue is resolved, expected Spring 2025.
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.
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