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Category Archives: UK Updates
UK Updates
Notice to Exporters 2014/20: Changes to Dual-Use Goods OGEL
On Friday, the Export Control Organization issued Notice to Exporters 2014/20, which modifies the Open General Export License (OGEL) for International Non-Proliferation Regime Decontrols: Dual-Use Items. The following items may be exported, under certain conditions:
Enterprise level servers, general purpose single board computers and similar general purpose computing devices – the devices included in the amendment are specified by 5A002a1 and the cryptographic functionality is limited to any of the following:
- remote management of the device
- embedded in a CPU which meets the requirements of Note3: Cryptography Note
- contained within an OS which meets the requirement of Note 3: Cryptography Note or is “in the public domain”
Network switches and relays – the devices included in the amendment are specified by 5A002a1 and the cryptographic functionality is limited to remote management of the device.
The Notice notes that this OGEL is temporary in nature.
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Notice to Exporters 2855: Import Ban on Crimea & Sevastopol
This Notice to Exporters (which follows a different numbering scheme than you're used to seeing here) bans imports of any goods from Crimea and Sevastopol and the provision of financing assistance, including insurance and reinsurance, for such imports.
There are carve-outs for goods with a Ukrainian certificate of origin and for contracts signed before June 25th, if the goods are imported by September 26th, and BIS (Department for Business Innovation & Skills) is notified 10 days in advance.
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Notice to Exporters 2014/16 – poor workman blaming his tools
Notice to Exporters 2014/16 – impact of new computer system on SPIRE licensing service The Department for Business, Innovation and Skills (BIS) has just migrated to a new desktop computer system. Although this will bring considerable performance benefits for BIS and the Export Control Organisation (ECO), the migration has had a significant short-term impact on the performance and availability of ECO’s SPIRE system.
While we are still meeting our licensing performance targets, we are currently experiencing a backlog in processing licence applications and delivering other advisory services. This means that regrettably, in order to prioritise licence applications, we will not be able to accept new applications for advice about Control List Classifications until further notice. For information about how you can assess your exports please see the guidance on GOV.UK
Please accept our apology for any delays you are experiencing and bear with us while we work to clear the backlog. If you are in danger of losing export business because of these delays, then please contact the ECO Helpline on 020 7 215 4594, or email eco.help@bis.gsi.gov.uk, and we will strive to prioritise your application. To speed up the process please avoid contacting us about non-urgent cases at this time.
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Oh, boy, OGELs! Notice to Exporters 2014/15 make more changes
Notice to Exporters 2014/06 previously listed Russia as a prohibited destination for the following Open General Export Licenses (OGEL):
This new NTE adds Russia to the prohibited destinations list for one more OGEL:
So, a SIEL (Standard Individual Export License) will be required to return military exhibits to Russia. Interestingly, the Notice to Exporters specifically mentions the Farnborough International Airshow.
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Notice to Exporters 2014/14 – Comment period for pre-licensing register closes Friday
On April 17th, the ECO (Export Control Organization) invited comment on the introduction of a pre-licensing register for arms brokers. Yesterday, Notice to Exporters 2014/14 announced that the comment period closes this Friday. You can submit your comment via the online survey link or by filling out a Response Form attached to the discussion paper below.
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Notice to Exporters 2014/13 – Changes to Schedules 2, 3 of Export Control Order
Today, the Export Control Organisation (ECO) has modified Schedule 2:
4. The changes in Schedule 2 can be found in the following entries:
ML1 – Clearer technical terminology. Decontrols for weapons and reproductions of a certain age. Notes closer to the text to which they relate.
ML2 – Decontrols for weapons and reproductions of a certain age. Decontrols introduced for weapons having a specific application. Notes closer to the text to which they relate.
ML6 – Clearer text for civilian armoured vehicles and a Gross Vehicle Weight Rating included to provide a clear cut-off for vehicles specified in this entry.
ML10 – Clearer, simpler text.
ML11 – Control of military satellites and space probes clarified.
ML22 – An ‘NB’ has been added highlighting that minimum technology may be authorised by a UK licence to export military goods.
and Schedule 3:
5. PL8001 in Schedule 3 has been amended to exclude firing sets for fireworks from the scope of the control. (This is unrelated to the changes above.)
of the Export Control Order 2008.
Links:
The Export Control (Amendment) (No 2) Order 2014
Notice to Exporters 2014/12 – Prior notice when use of Open Licenses revoked
The text of the notice (easiest in this case – not much to this one):
Notice to Exporters 2014/12 – right to use Open Licences will not be removed without prior notification 1. This notice is to advise you that we will not automatically remove your entitlement to use Open Licences without prior notification.
2. In January 2014 the Export Control Organisation (ECO) amended a number of Open Licences to allow them to be either varied or withdrawn at any time. In particular, if an Open Licence is not used within any 24-month period, a condition in these licences states that the exporter’s right to use it will automatically expire at the end of that period and the exporter’s registration details will be removed from SPIRE.
Background
3. The purpose of the January amendment was to enable us to remove an exporter’s registration details from the SPIRE licensing system without the need for exporters to send us authorisation. Our aim was to reduce the burden on business; for example, when a licence has either never been used, or not used for a number of years. Removing Open Licence registrations in these circumstances will:
- Allow Compliance Inspectors to focus on visiting exporters who are making active use of licences
- Businesses not using licences will not have to accommodate audit visits
4. Please note that if a licence is deregistered, you can re-register for that licence when you need to use it again.
Contact details
For further details of strategic export controls, please contact: Export Control Organisation Department for Business, Innovation and Skills 1 Victoria Street London SW1H 0ET Tel: 020 7215 4594 Fax: 020 7215 2635 E-mail: eco.help@bis.gsi.gov.uk
More information on export controls is available on the ECO pages of the GOV.UK website, also the SPIRE Export Licensing Database.
As part of the move to GOV. UK, all previous Notices to Exporters have been filed at the National Archives.
This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.
We also advise you to keep a copy of this notice for your compliance records.
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March 26, 2014: Notice to Exporters 2014/08
Wednesday's Notice to Exporters consists of two parts. First, the Consolidated EU and National Arms Export Licensing Criteria (aka “Consolidated Criteria”) have been revised:
2. The Consolidated Criteria sets out the Government’s core policy against which the Export Control Organisation (ECO) assesses, on a case-by-case basis, all licence applications for export, transfer, trade (brokering) and transhipment of military, dual-use and other items subject to control for strategic reasons. A licence will not be granted if doing so would breach of any of the Criteria.
3. This statement of the Criteria replaces the original version which was announced to Parliament in October 2000. There have been many developments within export controls since then, most notably:
- entry into force of the Export Control Act 2002
- extension of the controls to electronic transfers of software and technology and to trade (brokering) in military goods between overseas destinations
- adoption by the EU of Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment
- further development of EU export control law
- adoption by the UN General Assembly on 2 April 2013 of an international Arms Trade Treaty, which the UK signed on 3 June 2013.
4. The updated version reflects these developments and brings the Consolidated Criteria fully into line with the EU Common Position and the UN Arms Trade Treaty. The principal changes are:
- the list of international obligations and commitments in Criterion 1 has been updated
- there is explicit reference to international humanitarian law in Criterion 2
- the risk of reverse engineering or unintended technology transfer is now addressed under Criterion 7 rather than Criterion 5
- minor changes to improve the clarity and consistency of the language used throughout the text.
Secondly, two Open General Export Licenses (OGELs) were updated to add Russia to the list of non-permitted destinations: one for repair or replacement of military goods under warranty, and one for military goods for demonstration.
Links:
OGEL for military goods replacement or repair under warranty
OGEL for military goods for demonstration
Notice to Exporters 2014/07: Amendment to Category B goods list
On Monday, the Export Control Organization (ECO) issued Notice to Exporters 2014/07, which announces the amendment of the Export Control Order 2008 by replacing the list of Category B goods subject to export control. The amendments are issued as the separate Export Control (Amendment) Order 2014.
The amendments satisfy elements of the Trade Control Treaty, which was a United Nations General Assembly treaty adopted in April 2013, and signed by the UK in June of that year. These changes are required for final ratification of the treaty.
Here are the additions to Category B:
Battle tanks and armoured combat vehicles within ML6
18. Vehicles specified in entry ML6.a in Schedule 2 as follows:
(a) Tracked or wheeled self-propelled armoured fighting vehicles with an unladen weight of 16.5 metric tonnes or more and with a main gun with a calibre of 75mm or more;
(b) Tracked, semi-tracked or wheeled self-propelled vehicles, with armoured protection, as follows:
(i) designed and equipped to transport a squad of four or more infantrymen; or
(ii) armed with an integral weapon with a calibre of 12.5mm or more or a missile launcher.
Large-calibre artillery systems within ML2 and ML4
19. To the extent that they do not fall within paragraph 9 or 11, the following goods:
(a) Guns or howitzers specified in entry ML2.a of Schedule 2 with a calibre of 75mm or more;
(b) Mortars specified in entry ML2.a of Schedule 2 with a calibre of 100mm or more; and
(c) Multiple-launch rocket systems specified in entry ML4.b of Schedule 2 with a calibre of 75 mm or more.
Combat aircraft and attack helicopters within ML10
20. “Combat aircraft” and “attack helicopters” specified in entry ML10.a or ML10.c of Schedule 2.
Warships within ML9
21. Vessels and submarines specified in entry ML9.a of Schedule 2 as follows:
(a) Having a standard displacement of 500 metric tons or above; or
(b) Having a standard displacement of less than 500 metric tons and equipped for launching missiles or torpedoes with a range of 25km or more.
Other missiles and missile launchers
22. To the extent they are not covered elsewhere in this Part, the following goods specified in entry ML4 of Schedule 2:
(a) Rockets or missiles capable of a range of 25km or more other than ‘ground-to-air missiles’;
(b) Equipment designed or modified for launching missiles or rockets in sub-paragraph (a).
Note: Paragraph 22 includes remotely piloted vehicles with the characteristics for missiles as defined above.
Technical note
‘Ground-to-air missiles’ means those surface-to-air missiles which are mounted on fixed land sites or on wheeled or tracked mobile launchers.
Links:
Export Control (Amendment) Order 2014