December 23, 2015: Notice to Exporters 2015/32 – changes to MOD Form 680

The Ministry of Defence (MOD) has completed a review of the MOD Form 680 procedure, which will result in updated guidance on GOV.UK and updates to both the application form and standardised outcome letters on SPIRE, the Export Control Organisation’s online export licensing system.

The aims of the proposed updates are to clarify:

    • the purpose of the MOD Form 680 and when one is required
    • the types of clearances available
    • how applications are assessed by Her Majesty’s Government.

Types of MOD Form 680 Clearances

The current MOD Form 680 application form gives applicants the options to apply for Market Survey/Initial Discussions, Promotion, Demonstration in the UK, Demonstration Overseas, Evaluation, Supply, Local Assembly and Local Manufacture.

    • Market Survey/Initial Discussion will be merged with Promotion so that applicants only have to select one option for these three activities.
    • Demonstration in the UK and Demonstration Overseas will remain as two separate options.
    • Evaluation will be removed as this is deemed to already be covered under approvals for Promotion and Demonstration.
    • Local Assembly and Local Manufacture will no longer be tick-box options on the application form. They will be replaced with a question regarding these activities. If Local Assembly and Local Manufacture activities are not deemed permissible, these will be refused via the provisos section of the MOD Form 680 outcome letter.

The Supply option will be removed as this could be misinterpreted as an approval to export. Approval to export strategically controlled goods can only be granted by obtaining an export licence from ECO. Through Life Support and Training will be added as two new options as these activities were previously covered under the Supply option.

MOD Form 680 approval for Through Life Support will constitute approval to release classified material to a foreign entity, subject to provisos identified in the outcome letter and export licensing requirements at the time of export. Extant approval will be required covering Through Life Support for the duration of a contract to enable the continued release of classified material for the purposes of maintenance, repair and the supply of spares. Companies must renew their MOD Form 680 applications at 48 or 24 months depending on classification. A new MOD Form 680 will be required for any upgrades.

MOD Form 680 applications submitted before 13 January 2016

MOD Form 680 applications submitted prior to 13 January 2016 will be processed in the usual way and extant approvals will remain valid. Where an applicant already has approval for Supply they will not be expected to submit a new application for Through Life Support or Training unless the approval has expired.

MOD Form 680 criteria

MOD Form 680 applications will continue to be assessed under the EU and National Arms Export Licensing Criteria; however, as the MOD Form 680 is only a security requirement, the guidance will be updated to reflect the fact that the assessment only covers three of the eight criteria. Specifically: the UK’s International Obligations (Criterion 1); the Security of the UK and its allies (Criterion 5); and Diversion to an Undesirable End User (Criterion 7).

MOD will update its guidance on the MOD Form 680 procedure on the GOV.UK website.

Contact details (MOD Form 680)

For further details on the MOD Form 680 procedure, please contact:

Arms Control & Counter-Proliferation Policy

Ministry of Defence

Whitehall

London SW1A 2HB

Tel: 020 721 89821

E-mail: ACP-ELC@mod.uk

SPIRE (Export Licensing and MOD Form 680 Databases).

Contact details (ECO)

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.

Link:

Notice to Exporters 2015/32

 

December 18, 2015: Remember, HMT is short-staffed during the holidays

Yes, Her Majesty's Treasury (HMT) did previously issue a notice that they would be operating with a smaller staff during the holidays. But, here it is again:

Financial Sanctions: Christmas and New Year Period

Dear subscriber,

This is a reminder that the Sanctions and Illicit Finance team will be operating with reduced staff during the Christmas and New Year period.

Our helpline will close at 17:00 on 23 December and will re-open on 4 January 2016. Our inbox will be monitored on the following days/times.

Financial Sanctions Inbox

24 December

Monitored until 14:00

25-28 December

Not monitored

29-30 December

Monitored 09:00-17:00

31 December

Monitored until 14:00

1-3 January

Not monitored

4 January onwards

Monitored

We expect business as usual to resume on Monday 4 January 2016.

We will continue to deal with urgent matters, but encourage you to submit licence requests at the earliest opportunity prior to this period to enable us to prioritise requests effectively.

If you have any questions regarding this email or wish to submit a licence request please contact: financialsanctions@hmtreasury.gsi.gov.uk.

Best regards,

Financial Sanctions


I think the detail on the email monitoring is new…

Link:

HMT Notice

 

December 9, 2015: Hong Kong Securities and Futures Commission AML/CTF Circular

Something a little different this time – it's not about list changes:

(1) Suspicious Transaction Report

Suspicious transaction reporting is a vital and integral part of the regime to combat money laundering and terrorist financing.

Licensed corporations (“LCs”) and associated entities (“AEs”) when fulfilling their statutory obligations to file a suspicious transaction report are encouraged to make reference to the reporting methods and advice available on the website of the Joint Financial Intelligence Unit (“JFIU”) at http://www.jfiu.gov.hk/index.html, as well as the advice and observations from the JFIU set out in the Appendix.

LCs and AEs are also reminded to take appropriate steps to ensure that any suspicious transaction report submitted by them contains accurate, sufficient information of the transaction and the person or entity involved, and a reasonably detailed analysis of the suspicion triggering the obligation to file the report. By providing as much relevant information as possible in the suspicious transaction report, LCs and AEs will minimize the need for the JFIU to request further information from them that is required for analysis and follow-up.

(2) Seminar Materials

The PowerPoint slides of the presentations (in both English and Chinese versions) that SFC staff and speakers of the JFIU respectively made at the recent Anti-Money Laundering and Counter-Terrorist Financing Seminars Note 1 have been posted on SFC’s website Note 2 under the heading “Training materials – Presented by SFC staff” and under the heading “Training materials – Presented by external parties”, respectively.

LCs and AEs are encouraged to download the aforesaid presentation materials for reference and internal training as appropriate.

Should you have any queries regarding the contents of this circular, please contact Ms Kiki Wong on 2231 1569.

Intermediaries Supervision Department

Intermediaries Division

Securities and Futures Commission

Links:

HK SFC Notice

HK SFC Circular

 

Notice to Exporters 2015/29: Export Control Reports and Statistics web pages redesigned

Notice to Exporters 2015/29: new look for statistics and reporting database
8 December 2015

The Export Control Organisation (ECO) has redesigned the pages of the searchable database of export control reports and statistics.

The styling and layout of pages has been improved. Functionality and site content remains largely the same, except:

    • Exporters can now include ‘end user type’ as one of their search criteria. Please note that this type of search will be limited to those licence applications for which this data has been collected (see Notice to Exporters 2015/19 for more on the requirement to specify end user type).
    • The Help page has been updated to reflect the new layout.

Link:

Notice to Exporters 2015/29

 

 

HMT Taking It Easy over the Holidays

HM Treasury Financial Sanctions Updates : Christmas Period

Financial Sanctions: Christmas Period

Please be advised that the Sanctions and Illicit Finance team will be operating with reduced staff during the Christmas period (Monday 21 December to Friday 1 January).

We will continue to deal with urgent matters, but encourage you to submit licence requests at the earliest opportunity prior to this period to enable us to prioritise requests effectively.

If you have any questions regarding this email or wish to submit a licence request please contact: financialsanctions@hmtreasury.gsi.gov.uk.

Best regards,

Financial Sanctions

Link:

HMT Notice