By reviewing the updated licence in more detail, we can see that in relation to Northern Ireland the EU Legislation has been updated to 2021/821 of May 2021. Exporters in England, Wales and Scotland must still refer to the previous EU Dual Use Regulation 428/2009.

As with any OGEL the exporter must ensure that they can proceed with the licence Terms and Conditions before proceeding in using the licence.

EU Member States are not acceptable destinations, the OGEL specifically created post Brexit (Export of Dual Use Items) should be used instead. The seven countries that are acceptable under the GEA001 are also not acceptable under the Low Value Shipment OGEL.

Schedule 1 of the OGEL details the acceptable items that can be exported against the licence.

Finally, as the name suggests, there is also the consideration of the value of the Goods. A low value shipment means the value of the controlled items does not exceed £6,000 in one consignment or as an aggregate value for multiple consignments.

Everything requires a compliant value based on the Valuation Rules within Customs Notice 252. Valuation Method 1 is the Transaction Value. If the goods are not being sold, then one of the other valuation methods would need to be considered.

All OGELs will be subject to an Export Control Joint Unit audit but a business could also be subject to an HMRC visit which could include checks on valuation. The requirement will always be to demonstrate that the declared valuation is Customs compliant.   

While you are here you may be interested in some Strong & Herd LLP training courses & live clinics related to this topic:

Beginners Guide to Export Licensing Controls

Introduction to UK Export Licensing Controls

Focus On: Dual Use Export Compliance - The Dual-Use Exporter

Valuing Goods for Customs Purposes - Technical Workshop

International Trade Compliance Manager