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Guidance: Controls on trade of military goods (trafficking and brokering)

Export Control Organisation

December 21
11:25 2022

Controls apply to trading or any activities around the supply or delivery of controlled military goods from a third country to another. This is often referred to as trafficking and brokering. Any activities subject to trade controls must have a trade control licence.

This guidance sets out:

  • which goods are covered by trade controls
  • who trade controls apply to
  • which specific activities need a trade control licence

Trade controls do not apply when exporting controlled military goods from the UK. You need an export licence to export goods from the UK. See guidance on export controls for military goods, software and technology and torture and capital punishment goods.

It is a criminal offence to trade controlled goods without the correct licence. Check information on penalties which vary depending on the nature of the offence.

Applying for a trade licence

Apply for a licence using SPIRE, the online export licensing system (requires an account).

Read guidance on applying for an export licence using SPIRE.

Trade controls on category A goods

You need a trade licence for all activities involving category A goods.

This reflects the fact that the supply of many of these goods is undesirable.

What are category A goods?

They include:

  • cluster missions, explosive submunitions and explosive bomblets
  • goods for the execution of human beings
  • torture goods such as:
    • electric shock batons
    • electric chairs
    • drug injection systems
    • electric-shock belts
    • leg irons
    • sting sticks

Part 1 of schedule 1 to the Export Control Order 2008, as amended has a full list of all category A goods.

Activities needing a trade control licence

You cannot arrange sales or movement of category A goods without a trade control licence. This includes promoting, providing insurance or financial services or arranging disposal of goods.

You will need a licence if you have reason to believe your actions will or may result in the removal of those goods from one foreign country to another. This applies regardless of whether you receive any form of payment or not.

In rare circumstances paramilitary torture goods may be granted a trade licence. Examples include the trading of such equipment for a museum or exhibition display.

Who trade controls apply to

Trade controls on category A goods apply when activities are undertaken:

This applies to both direct and indirect activities.

Destinations

Trade controls on category A goods apply to all destinations. There is no distinction made between embargoed and non-embargoed destinations.

Trade controls on category B goods

There are strict controls on category B goods. The international community identifies these goods as being of concern.

What are category B goods?

They include goods and components such as:

  • small arms and light weapons (SALWs) within control entry headings ML1 and ML2
  • accessories and ammunition for SALWs within ML1 and ML2
  • light weapons within ML4
  • ammunition for light weapons within ML4
  • hand grenades specified within ML4
  • anti-vehicle landmines
  • combat aircraft and attack helicopters within ML10
  • warships within ML9
  • long range missiles (LRMs) with a range over 300km
  • unmanned air vehicles (UAVs)
  • man-portable air defence systems (MANPADS) and accessories, ammunition, and specially designed components relating to MANPADS
  • other missiles and missile launchers
  • battle tanks and armoured vehicles within ML6
  • production equipment specially designed for MANPADS, including:
    • field test equipment specially designed for MANPADS
    • specialised training equipment and simulators for MANPADS

Part 2 of the Export Control (Amendment Order) 2014 lists all category B goods.

Activities needing a trade control licence

You cannot arrange sales or movement of category B goods without a trade control licence. This includes promoting, providing insurance or financial services or arranging disposal of goods.

You will need a licence if you have reason to believe your actions will or may result in the removal of those goods from one foreign country to another.

It applies if your involvement in the transaction is one or more of the following:

  • arranging, or agreeing to, the transfer, acquisition or disposal of goods
  • arranging or negotiating contracts
  • arranging or providing freight or transport services
  • contract promotion activity where a payment is received
  • general advertising and promotion (for example placing advertisements)
  • finance or financial services
  • insurance or reinsurance services

When a trade control licence is not needed

A licence is not required for category B goods if your only involvement in the transaction is to provide one of the following:

  • financing or financial services
  • insurance or reinsurance service
  • general advertising or promotion services
  • contract promotion activity where a payment is not received

Who trade controls apply to

Trade controls on category B goods apply when activities are undertaken:

This applies to both direct and indirect activities.

Destinations

Trade controls on category B goods apply to all destinations. Stricter controls on activities apply to category B goods going to embargoed destinations.

Trade controls on category C goods

What are category C goods?

Category C goods include all other goods in the UK Military List not listed above except for ML21 or ML22 (software and technology).

All goods listed in schedule 1 of the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 are category C goods except those already listed as category A or B. Category C goods also include certain substances used for riot control or self-protection, and related portable dissemination equipment.

Activities needing a trade control licence

You cannot arrange sales or movement of category C goods without a trade control licence. This includes promoting, providing insurance or financial services or arranging disposal of goods.

You will need a licence if you have reason to believe your actions will or may result in the removal of those goods from a third country to another.

It applies if your involvement in the transaction is one or more of the following:

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