Military and Dual Use Goods 

If goods are specifically designed or have been adapted for military purpose, then a UK export licence applies.  Job done.   

Dual use goods control can be easily missed if an exporter mindset rests where the export purpose is benign.  Therefore, control requirements are often missed if the UK business is unaware that controls will apply simply because of the goods potential use, rather than the reason they are being exported.   

As with any regulation, ignorance of the law is no defence. 

Examples where an export can slip through the controls net 

• Engineering goods and tools: particularly if they are destined for or could be used in the oil and gas industry 
• Underwater cameras: Good one.  If cameras can function underwater past a given depth, a control will apply, and an export licence will be necessary.   Underwater cameras are used in oil and gas exploration 
• Aerospace and maritime goods:  High pressure valves, O-rings and seals can easily be captured under the controls. 

It will be important for a person considered to be ‘competent authority’ (regulatory term) within an organisation to accurately classify the goods against the tariff, and against the UK Strategic Export Controls lists, should an export control marker be indicated in the export notes on the tariff. 

Top Tips  

• Accurate Tariff Classification is essential.  Know what you are exporting. 

Interrogate the UK Global Tariff and accurately classify your goods.  This will take training and practice. Goods that could be subject to a control are flagged in the tariff notes and the user is directed to check the controls. 

• The controls can also include the end use destination.  It is important to be aware of end use controls too. 
• Use the Goods Checker, the link to Goods Checker guidance is here: https://www.spire.trade.gov.uk/docs/guidance/Goods%20Checker%20Guidance.pdf 

Examples of Export Markers from the UK Global Tariff Export Tab:  

EX001 Export Control for All Third Countries: 

Description: The export of these items may be controlled under the Export Control Order 2008 as amended. Please refer to the Goods Checker to determine whether your items are controlled and whether you need a licence from the Export Control Joint Unit. 

Note:  The Goods Checker tool is available to help identify whether your goods for export could be captured on the Strategic Export Controls Lists. 

EX005: Export Authorisation (Dual Use) for Third Countries 

Description: The export of these items may be controlled under Retained Council Regulation (EC) No. 428/2009. Please refer to the Goods Checker to determine whether your items are controlled and whether you need a licence from the Export Control Joint Unit. 

Note:  The Retained Council Regulation (EC) No. 428/2009 is the UK Dual Use regulation retained from the EU regulation that applied before the UK left the EU. 

EX012: Export control on restricted goods and technologies for Russia 

Description: The export of energy-related goods for use in Russia and infrastructure-related goods and technology to Crimea is controlled (as well as related activities). Please refer to the Sanctions to determine whether your items are controlled and whether you need a licence from the Export Control Joint Unit. 

Note:  This is a good example where awareness of the end use of goods is restricted due to a UK Sanction or Embargo. 

The exercise of both classification and goods rating against the controls lists should be completed, and the results of this tariff investigation recorded.  If goods are stopped at export, evidence must be provided to Border Force that the investigation and resulting conclusions are proven and accurate. 

• Know what is being procured and keep accurate records. 

Often the weakest link supporting an export audit, is the classification of goods being procured.  Therefore, procurement records are becoming increasingly important to support company exports, whether goods are being procured from UK suppliers or from abroad. 

Consider making the completion of a classification document as part of your PO conditions of purchase.  Data capture at the procurement stage could support the recording of goods’ Origin (to support use of Preference Origin and use of a free trade agreement) and help determine whether there are any other country controls that may apply on re-export.  For example - US goods are tightly controlled whether integrated into goods to be exported or re-exported in their original imported state. 

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

Beginners Guide to UK, EU & US Export Licensing

Introduction to UK Export Licensing Controls

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