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Current UK Strategic Export Control Legislation

Details of the current UK export control legislation operated by BERR's Export Control Organisation with effect from 27 January 2010.

 

Scope of Export Control Legislation

Export Control Legislation encompasses the powers to impose controls on specified exports (both tangible and intangible) and licensable trade activities and sets out licensing procedures, requirements and penalties on companies and individuals. UK legislation is derived from both EU and UK law. This page provides a summary of current Legislative Orders and Regulations in force in terms of:  

 

GOODS

Controls on export of strategic goods (including military equipment, security and paramilitary goods), the transfer of technology and provision of technical assistance, embargoed destinations, transit and transhipment , and trade controls (trafficking and brokering)

       NOTE: The original legislation has been amended by

NAME OF AMENDING ORDERAMENDMENT DETAILS
The Export Control (Amendment) Order 2010 (S.I. 2010/121)
  • electro-statically powered explosive detectors are added to the list of dual-use goods in Schedule 3 to the 2008 Order which are goods subject to UK export control for strategic purposes. The newly controlled detectors will require a licence to be exported to any destination in Afghanistan or Iraq
  • Also clarifies that goods, software and technology listed in Schedule 3 require a licence to prohibited destinations even if going via a third country.
The Export Control (Amendment) Order 2009 (S.I. 2009 No 1305)
  • replaces entry ML9 in Schedule 2
  • Extends trade controls in Category B in Part 2 of Schedule 1
  • Adding Angola and Namibia to the list of destinations subject to enhanced transit controls in Part 4 of Schedule 4; and
  • Corrects a misleading parenthetical explanation in article 35 of the 2008 Order.
The Export Control (Amendment)(No.2) Order 2009 (SI 2009/1852)

clarifies the scope of the prohibitions on exportation of goods

The Export Control (Amendment)(No.3) Order 2009 (S.I.2009/2151)

removal of any overlap with controls listed in Council Regulation (EC) No 428/2009 (Recast Dual-Use Regulation)

also provides, where necessary, implementing powers in respect of licensing, enforcement and penalties

 

Controls on export of strategic goods (dual-use goods)

NAME OF AMENDING ORDERAMENDMENT DETAILS
Council Regulation (EC) No.1334/2000 (O.J. L159, 30.6.2000. p1)("the EC Regulation")
Previous EC Regulation (now revoked)
Council Regulation (EC) No.2432/2001 PDF document (860KB)

amends Article 14

Council Regulation (EC) No 1183/2007 of 18th September 2007  

replaces all Annexes

Council Regulation (EC) No 1167/2008 of 24th October 2008

changes to Annex I and IV to take into account changes resulting from the review of the Wassenaar Arrangement (WA) Dual-use list and Missile Technology Control Regime (MTCR) in 2007 and the Australia Group (AG)in 2007/8

  

Controls on other goods controlled for strategic reasons

 

 

Control Lists

 

DESTINATIONS

Sanctions and Embargoes

Sanctions vary widely in scope, for example, with the exception of certain humanitarian goods they may prohibit all trade placing restrictions upon exports, imports, financial transactions, communications and transportation. But sanctions can be more limited, for example restricting the export of certain goods only, such as military goods and armaments.

Further information about sanctions is available in the Sanctions and Embargoes section of this website, which includes a list of Current Arms Embargoes and Other Restrictions.

Embargoed destinations are listed in either:

  • UK legislation (imposing EU Regulations) as outlined in Schedule 4, Part 1 and Part 2 of the Export Control Order 2008.
  • UN legislation and relevant Orders which are directly applicable in the UK.

In addition to the information provided on the BERR website you are advised to access:

  • The Foreign Office (FCO) is responsible for overall UK policy on international sanctions. The FCO website provides an A-Z index of Export Controls and Sanctions by Country. You are also recommended to consult this list. This listing provides wider, more comprehensive information relating to countries where there are other restrictions in place (such as visa and financial sanctions).
  • HM Treasury's Asset Freezing Unit is responsible for the implementation and administration of international financial sanctions in the UK. See more on Financial Sanctions
  • The European Commission website has an up to date list of EU Sanctions in force. You should note this includes details of financial and other restrictions as well as arms embargoes and sanctions.


END-USE

End Use Control

If your goods are not listed on the Control Lists, you may still need a licence under so called End-Use Controls. This aspect of export controls covers licensing of items that might potentially be used in a Weapons of Mass Destruction (WMD) programme or in terms of military goods.

These controls are outlined in Article 4 of the EC Regulation and in the Export Control Order 2008.

For more information see Guidance on Military and WMD End Use Controls



Non-ECO Export Controls

Export Controls are in place on various other products such as antiques, plants and medicines. To find out more about who to contact, see Export Controls not administered by Export Control Organisation

 

Further Information

To keep informed of changes to licences, legislative amendments and other updates, you can choose to receive the ECO's regular Notices to Exporters. You can select to Join the ECO Mailing List.

You can obtain further guidance on export controls and Open General Licences issued by contacting the ECO.


Export Control Organisation

Updated: 27 January 2010

 

 

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