GovWire

This guidance explains the operation of the legal provisions of the military end-use controls.

Military end-use controls

The purpose of end-use controls is to allow export controls to be imposed, on a case-by-case basis, to items which are not specified in the UK Strategic Export Control Lists. In practice, this means that even if the items which you intend to export do not usually require an export licence, you might still require one.

When military end-use controls apply

Military end-use controls can be applied in the following circumstances:

1.Where the purchasing country or country of destination is an embargoed destination (see below) and the exporter has been informed in writing by Export Control Joint Unit (ECJU), or is aware, that otherwise non-controlled items (goods, software and technology) are or may be intended:

• for incorporation into military items listed in Schedule 2 (the UK military list) to the Export Control Order 2008, as amended
• for use in production, test or analytical equipment and components, for the development, production or maintenance of military items listed in Schedule 2 (the UK military list)
• for use in any unfinished products in a plant for the production of military items listed in Schedule 2 (the UK military list)

2.Where the exporter has been informed, or is aware, that otherwise non-controlled items (goods, software and technology) are or may be intended for use as parts or components of military items listed in Schedule 2 (the UK military list) to the Export Control Order 2008 (as amended), when those military items were originally exported without authorisation or in violation of an authorisation granted by the Secretary of State.

3.Where the exporter has been informed that otherwise non-controlled items (goods, software, and technology) are or may be intended for use by a relevant entity, which means:

• any military forces, para-military forces, police forces, security services or government intelligence organisations of an embargoed destination
• any person or entity involved in the procurement, research, development, production or use of items on behalf of the entities above

This does not apply to:

• the export of medical goods, including medicines and medical devices for the benefit of the civilian population of a country
• the export of consumer goods generally available to the public
• the transfer of software or technology generally available to the public

This control will only be invoked, and a licence application refused, where it is assessed that the export would be capable of having a relevant consequence.

This is as set out in the Schedule to the Export Control Act 2002, and described as:

• a threat to the UKs national security
• having an adverse effect on peace, security or stability
• an act threatening international peace and security
• an act contravening the international law of armed conflict
• an act of internal repression
• an act that breaches human rights
• an act of carrying out (or of acts which facilitate) acts of terrorism or serious crime

Embargoed destination

Embargoed destination, means a destination to which one or both of the following applies:

• it is subject to an arms embargo imposed by the United Nations or the Organisation for Security and Cooperation in Europe (OSCE)
• it is listed in Parts 1 or 2 of Schedule 4 to the Export Control Order 2008

As of April 2023, the embargoed destinations are:

• Armenia
• Azerbaijan
• Belarus
• Burma (Myanmar)
• Central African Republic
• China (including Hong Kong and Macao)
• Democratic Republic of the Congo
• Democratic Peoples Republic of Korea
• Iran
• Iraq
• Lebanon
• Libya
• Russia
• Somalia
• South Sudan
• Sudan
• Venezuela
• Zimbabwe

What you must do when you are informed of a licence requirement

Military end-use controls apply where the exporter has been informed that an export requires a licence. This means you have been notified byECJUthat an export licence is required for a particular export.

You will always be informed in writing and the letter will explicitly state that an export licence is required for this particular export because it is based on assessment of both the specific items being exported and a specific end-user.

The 2 common scenarios in which you will be informed are:

• having submitted an export licence application to ECJU, before you receive a final decision, you may receive an electronic letter via the licensing system advising you that a licence is required - this means that even if you withdraw the application, a licence is still required if you wish to later export the same items to the same end-user
• having presented goods for export, HMRC or Border Force detain the shipment for checks - if the detaining agency seek advice from ECJU, and we have concerns about the goods being used in, or by, an embargoed destination, you will receive a letter advising that an export licence is required along with guidance on how to apply

End-user Advisory Service

If you use the End-User Advisory Service available through SPIRE and we advise that an end user is of concern and recommend that a licence application is submitted, this is not being informed.

Apply for an export licence

Licence applications will be assessed against the Strategic Export Licensing Criteria, set out in the Secretary of States Written Ministerial Statement Trade Policy Update (8 December 2021).

What you must do when you are aware of a licence requirement

If you are aware that your items are or may be intended for one or more of the end-uses specified in points 1 or 2 above, you must contactECJU who will decide whether an export licence is required.

Example scenarios where an export licence may be required

1. Exporting components for the repair or maintenance of military equipment to an embargoed destination

The military end-use control applies to exports of non-listed dual-use items where the items are for the repair or maintenance of military equipment in an embargoed destination.

Example

Exporter A is approached to supply commercial spare parts and equipment to an embargoed destination in order to undertake repair of a military aircraft.

Exporter A is aware that the items will be used for the repair of military equipment in an embargoed destination. Exporter A has a legal obligation to contact the ECJU who will decide whether an export licence is required.

2. Academics in the UK exchanging research as part of an international project

The military end-use control may apply to transfers of technology (information) even if the technology isnt overtly intended for a military programme. If your role in a collaborative research project involves sharing technology with organisations (such as universities) in embargoed destinations and those organisations also work on programmes for the state, there is a risk that the technology may be used for other purposes.

Example

Academic A works for a UK university and is collaborating with Academic

View the original news story