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Review of Export Control Legislation 2007

The consultation period closed on 30 September 2007. Prior to the closure of this consultation stage, the Government received a total of 23 substantive responses from a wide range of groups including industry and Non-Government Organisations, and over 5000 brief emails and letters. The Government would like to take this opportunity to thank all those who took the time to send us their considered views.

All the substantive responses and a sample of the brief responses can be viewed on the public consultation responses page.

The Government's Responses to the Public Consultation

End of Year Response

The Government issued, on 12 January 2009, a progress report on proposed changes announced as a result of the Review of Export Control Legislation. Access the document at:

Export Control Act 2002. Review of export control legislation (2007): Government's end of year response (52KB)

Initial and Further Responses

On 6 February 2008 the Government published its initial response to the views and comments it received as part of its review of export controls. In this response the Government made a commitment to strengthen controls in a number of areas, but identified a number of other areas where further detailed analysis and discussion was needed. The Government made a commitment to publish its response on these outstanding issues later in 2008.The further response fulfils that commitment.

You can access the full further response, as well as the initial response document at:

Export Control Act 2002. Review of export control legislation (2007): Government's further response to the public consultation  (69KB)

Export Control Act 2002. Review of export control legislation (2007): Government's initial response to the public consultation  (160KB)

Impact Assessments

Where changes were announced as part of the responses, they have been costed. Details are provided in the Impact Assessments which can be found at:

Export Control Act 2002. Review of export control legislation (2007): impact assessment, changes not assessed in July 2008 (60KB)

Export Control Organisation. Export Control Act 2002 - review of export control legislation (2007): impact assessment (July 2008)  (132KB)

Consultation Documents and Written Ministerial Statement 

These documents along with the original consultation document are also available in the section consultation (closed with responses).

In addition, a written ministerial statement by the Minister responsible for Export Control, Malcolm Wicks, announcing the publication of the further response and BERR's Press Announcement are both available from the BERR Press Room.

Background to the Review

Any legislative amendments as a result of the Review are subject to a Post Implementation Review in accordance with Better Regulation principles as indicated above. More information on these principles are available from the Better Regulation Executive.

Prior to the launch, a good deal of preparatory work took place. ECO worked closely with stakeholders, including industry, Non-Governmental Organisations, and other Government departments. The Terms of Reference for this review were agreed by all relevant Government departments and by industry and NGO representatives and are set out below.

The consultative document is available in Braille, or on audio cassette on request.

You may make copies of this document without seeking permission. Further printed copies of the consultation document can be obtained from:

BERR Publications Orderline
ADMAIL 528
London SW1W 8YT
Tel: 0845 015 0010
Fax: 0845 015 0020
www.berr.gov.uk/publications

Terms of Reference for ECA Review 2007

Scope

1. To examine the secondary legislation introduced in 2004 as a result of the Export Control Act 2002* to determine:
   • whether these new controls achieved their desired effect
   • whether the resulting impact upon business was proportionate and at an acceptable level
   • whether any unintended or undesirable consequences – commercial or otherwise - have resulted
2. To review the Government’s administration and enforcement of the controls introduced under secondary legislation in 2004, and identify any administration and enforcement issues arising.
3. To determine whether any of these new controls should be extended, adapted, or abolished, taking account of evidence gained from the work carried out at points 1 and 2 above.

Methodology

The review will be conducted fully in accordance with Cabinet Office Better Regulation principles and will follow an evidence based approach.

Better Regulation principles

The changes to secondary legislation were introduced in 2004 in accordance with Cabinet Office Better Regulation principles, including a public consultation exercise and a Regulatory Impact Assessment.

The Final Regulatory Impact Assessment will be revisited during the course of this review, using information held within ECO, to confirm that its findings still hold good, and the conclusions of this internal work will form part of the consultation paper. Further evidence generated as a result of the public consultation exercise will be taken into account before final conclusions are reached on the impact of the secondary legislation introduced in 2004.

Similarly, the assessment of any proposals for new, extended, or altered controls will follow Cabinet Office Better Regulation principles, with the production of an initial Regulatory Impact Assessment, adequate public consultation, and a commitment to further review the impact of any necessary further changes to secondary legislation at a later date.

Evidence based approach

The key element of the Government’s own internal assessment of the effectiveness of existing controls will be the Government’s evidence, (mostly gleaned from licensing statistics and other case-based information). Contributions to the review from other parties should similarly be based on firm evidence, consistent with the Government’s commitment to evidence-based policy making and Better Regulation principles. In particular, requests to restrict, change or extend controls, or introduce entirely new ones, should be backed up by evidence of the scale or impact of the problem that needs solving and/or the business consequences of adopting any particular resolution method.

* Whilst primary legislation under the Export Control Act 2002 is not the subject of this review, if a change is agreed which can only be effected through amending primary legislation, then this course of action will be followed.

Export Control Organisation

Updated: 12 January 2009

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