Council Regulation (EC) No 428/2009 is assimilated under the Retained EU Law (Revocation and Reform) Act 2023 and is hereafter referred to as ‘The assimilated Dual-Use Regulation’.

From 1^st April 2024, The Export Control (Amendment) Regulations 2024 (SI 2024 No. 346) will come into force and make changes to the following:

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)     

Technical updates were made to the Wassenaar Arrangement Munitions List in December 2023, which can be found via this link. Updates to Schedule 2 reflect these changes in Categories ML4, ML7, ML8, ML9, ML14, and ML17. In addition, there is a new decontrol note for a Chemical in sub-entry ML8.d and a clarification of the control scope for production equipment in sub-entries ML18 and ML18b.

Amendments to Schedule 3 of the Order 2008 added three new entries to the legislation: PL9013, PL9014 and PL9015, adding to the list of ‘PL’ controlled items, which are listed in the ‘UK Controlled Dual-Use Goods, Software and Technology’ section of the UK Consolidated List.  The three new categories state that ‘the export or transfer by electronic means’ of the following goods, ‘software’, or ‘technology’, is prohibited to any destination, unless the Export Control Joint Unit has granted a license. The new entries relate to the following: quantum technologies, cryogenic technologies, semiconductor technologies, additive manufacturing equipment and advanced materials.

The assimilated Dual Use regulation updates Annex I in line with the same Wassenaar Arrangement update in December 2023 in addition to changes on the Australia Group, Nuclear Supplier Group and Missile Technology Control Regime, multilateral export control regimes who contribute to the Dual Use controls.

These updates will be reflected in a revised version of the UK Consolidated List of Strategic Military and Dual-Use items that require export authorisation, which will be issued in due course. The last update to the list was issued at the end of August last year. It is recommended that you sign up for ‘Notice to Exporters’ email alerts to be updated on any changes to Export Control regulations and ECJU communications.   

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: