UK strategic export controls

This guidance is for those who export or transfertrade in goods, software or technology (including data, information and technical assistance) which might be subject to strategic export controls.

It explains what control lists are, as well as who they apply to and when, so that exporters can make sure they comply with the law.

Control lists

The UKmost maintainscommon areason listfor the application of allexport itemscontrols is that arean subjectitem tois strategicon exporta controls. control Thislist.

The UK maintains a single document that is knownthe asconsolidation of the internationally agreed lists of sensitive items. The consolidated list of strategic military and dual-use items that require export authorisation. Thealso list includes itemsother that are controlled because of international agreements or arrangements as well as further items relating to specific defencedefence, security, or securityforeign policy concerns of the UK.

The twolist mainincludes categories2 of goods are:categories:

• military goods,- covering goods, software and technology that are specially designed or modified for military use

• dual-use - covering items whichthat are goods,available softwareto buy commercially and technologyare typically ‘off the shelf’ but have enhanced capabilities that canare beuseful usedin forchemical, bothbiological, civilianradiological, andnuclear militaryor applications

  conventional weapons

Searching the consolidated control list

It is an exporter’s responsibility to check whether items require an export licence. If so, you need to apply well in advance of shipment to avoid any potential issues (such as customs problems at a port).

To find out if an item is listed you can:

• check the consolidated list of strategic military and dual use items

• use the OGEL and goods checker tools

• use the ‘control list classification service’ or the ‘end-user advice service’ in SPIRE

  .

Who export controls apply to

StrategicExport export controls apply to anyoneany exportingUK-based orperson transferringexporting goods, software or technology, or providingundertaking brokering services.

There are certain exemptions for the academic community. These balance the UK’s international obligations with the need to minimise interference with legitimate academic freedoms.

Read about export controls applying to academic researchers for guidance on exemptions.

When export controls apply

You must apply for a licence from the Export Control Joint Unit (ECJU) if any of the following apply:if:

• your items are on the consolidated control list

• you have concerns, or you have been informed of concerns about the intended end-use or the end-user

• your items are coveredintended byfor destinations where there are current trade sanctions

End-use controls

The government has additional powers to require an export licence foron items even if they are not on the consolidated control list. These are generally referred to as ‘catch-all’ or ‘end-use’ controls.

You need a licence to export goods, software or technology if:

• you suspect that they are intended for military use or purposes related to weapons of mass destruction (WMD)
• you are aware of government concerns
• you have been informed of the need for an export licence after getting advice from ECJU
• your goods have been seized at customs

Military end-use controls

MilitaryThis end-useis controlswhen may apply if there is a risk that thean item ismay intendedbe forincorporated into military useequipment, or used to produce military equipment in a destination that is subject to an arms embargo.

GoGot to guidance on end-use controls applying to military related items.

WMD and WMD technical assistance end-use controls

WMDThis end-useis controlswhen may apply if there is a risk that an item may be intended or diverted for purposes connected with the development, production or use of WMD, or their means of their delivery.

TheThere are controls relaterelating to the provision of technical assistance.assistance for any activities related to WMD. Technical assistance includes instructions, skills, training, working knowledge, consulting services and the transfer of technical data. It covers the supply, delivery, manufacture, maintenance and use of anything intended entirely or partly for WMD purposes.

The controls apply when a person is aware, or has been informed, that such an activity is intended.

Go to guidance on end-use controls applying to WMD-related items, including technical help.

Sanctions

Sanctions are restrictive measures that can be put in place to fulfil a range of purposes. In the UK, these include complying with UN and other international obligations, supporting foreign policy and national security objectives, as well as maintaining international peace and security, and preventing terrorism.

Most restrictions on export destinations are agreed through organisations such as the UN Security Council and the Organisation for Security and Cooperation in Europe (OSCE). The only national sanction in operation is in respect to the export of certain military items to Argentina.

See the full list of trade sanctions, arms embargoes and other trade restrictionsrestrictons.

Export licences are required to export goods that are prohibited by sanctions legislation.

Apply for an export licence

Read guidance on applying for an export licence.

Legal basis for export controls

StrategicThe government regulates the trade or transit of certain sensitive goods, software and technology through export controls. The system is administered by ECJU.

These controls are based on legislation and are part of militarythe government’s commitments relating to non-proliferation and dual-usearms goodscontrol.

The regulatory framework ensures that UK science and technologiestechnology areis establishednot by:intentionally or unwittingly used for purposes of WMD by other states or non-state groups (terrorists).

Legislation making up the framework for export controls comprises the:

• the ExportCustoms Controland Excise Management Act 20021979
• the Export Control OrderAct 20082002
• theExport retained CouncilControl RegulationOrder (EC)(as Noamended) 428/20092008 (in

Other Northernlegislation Ireland Regulation (EU) 2021/821 of therelevance Europeanincludes:

• Anti-Terrorism, ParliamentCrime and ofSecurity theAct Council2001
• Biological ofWeapons 20Act May 20211974)
• Chemical whichWeapons controlAct exports,1996

UN brokering,sanctions technicaland assistance,arms transitembargoes andare transferimplemented ofby dual-useOrders items

Thein UKCouncil alsounder controls the exportUnited ofNations goodsAct which1946.

The couldlegislation besetting usedout forstrategic capitalexport punishmentcontrols, and goodsin whichparticular couldthe belists usedof forgoods thesubject purposeto ofcontrol, torturechanges andfrequently otherto cruel,reflect inhumannew ornational degradingand treatmentinternational orconcerns.

Penalties and fines

Breaching export controls is a criminal offence. Penalties can vary depending on the nature of the offence.

PenaltiesThey include:

• revocation of licences
• seizure of items
• issuing of a compound penalty fine
• criminalimprisonment convictionfor leadingup to a10 fine and/or custodial sentenceyears

See how to voluntarily report any licensing irregularities to HMRC.

Contact ECJU