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