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This guidance explains how to comply with the law if you know, suspect or have been informed by the UK government that your items might be used:

• to make chemical, biological or nuclear WMD
• in a WMD delivery system
• in any way in a WMD programme

Who WMD end-use controls apply to

The controls apply to activities undertaken:

• in the UK by any individual (whether they are a UK person or not), company or other legal entity when they are for transfers from:
  • Great Britain to a person or place outside the UK
  • Northern Ireland to a person or place outside the EU
• anywhere in the world by a UK person (including dual nationals) as defined in section 11 of the Export Control Act 2002

When WMD end-use controls apply

End-use controls apply to exports or transfers which are for WMD purposes. This can be any activity potentially connected to any aspect of a WMD programme. This includes provision of technical assistance.

The controls apply to items that do not appear on the consolidated list of strategic military and dual-use items that require export authorisation.

Extra controls apply to items on the Nuclear Suppliers Group (NSG) Trigger List. See the guidance on exporting items on the Trigger List.

Pre-contract discussions

You may need a licence for pre-contract discussions, for example at trade exhibitions.

This depends on whether you are explaining detailed technical specifications underpinning the operation of a nuclear, biological or chemical product in a certain environment to a prospective client. If so, it could be a licensable technology transfer. See advice on how we define exports of military and dual-use technology.

Such discussions may also require Ministry of Defence Form 680 clearance.

What to do when you have WMD end-use concerns

If you know, suspect or have been informed that a proposed export, transfer or provision of technical assistance may be for WMD or military end-use purposes, you must:

• consider the capability of what you are selling or providing, and not just the end-use stated by the intended recipient
• find out as much as possible about the potential end-user and any other party to the transaction
• apply for an export licence, even if your items are not on a control list - you should provide as much detail as possible on the proposed activity
• keep detailed records showing what you have done to address any end-use concerns and any information on which your conclusions are based, including any written assurances
• await assessment of your licence application by ECJU - the written response will advise you on what to do next if there are end-use suspicions

Applying for a WMD-related export licence

Licensing for WMD-related goods, software or technology

You should cross-reference with applications for all related activities, including provision of technical assistance.

You cannot use open general export licences (OGELs) when WMD end-use controls apply.

Read guidance on using SPIRE to apply for an export licence.

Licensing for WMD-related technical assistance

Your covering letter must explain in detail exactly what you propose to do.

What information you must supply to ECJU

When applying for a licence to export, transfer or provide WMD-related items or technical assistance, you must give full details of:

• the proposed activity
• what the transfer includes in terms of technology, goods or software
• what technical assistance is involved
• who the end-users or consignees are
• the intended purpose of the transfer
• the end-use of the transfer

Transferring WMD-related software or technology within the UK, or from outside the UK

The transfer of WMD-related software or technology within the UK, or by a UK person from outside the UK, is controlled, which means you must contact ECJU to get permission. Article 10 and 11 of the Export Control Order 2008 sets out the requirements for these transfers.

The transfer of WMD-related software or technology by non-electronic means to a destination outside the UK is also controlled. Article 12 of the Export Control Order 2008 sets out the requirements. You must contact ECJU to get permission for these transfers.

How ECJU assess applications for exports or transfers with a potential WMD end-use

We consider licence applications on a case-by-case basis.

We assess WMD end-use risk taking into account whether:

• the end-user country definitely, probably or possibly have a WMD or delivery system programme
• the items are potentially of high, medium or low value in relation to WMD end-use control activities
• the items are relevant to identified procurement requirements of a WMD programme in the destination or end-use country
• the end-user is known to be of concern (any doubts about their intentions could be sufficient to justify refusal of a licence)
• the exporter is known to be of concern
• any third parties or intermediaries to the transaction are known to be of concern
• there are concerns about the risks of diversion, in relation to any of the parties
• the stated end-use is credible (a credible stated end-use does not necessaril
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