NTE 2021/14: updates to the export control regime
Published 8 December 2021
© Crown copyright 2021
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected].
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/notice-to-exporters-202114-updates-to-the-export-control-regime/nte-202114-updates-to-the-export-control-regime
On 8 December 2021 the Secretary of State for International Trade informed Parliament in a written statement about a package of measures to update the export control regime.
In summary these comprise the following measures.
Revised UK Strategic Export Licensing Criteria
A revised version of the licensing criteria for strategic export controls, to be known as the Strategic Export Licensing Criteria have been laid before Parliament.
View the new Strategic Export Licensing Criteria.
These Criteria will be applied with immediate effect to all licence decisions (including decisions on appeals) on goods, software and technology subject to control for strategic reasons (collectively ‘items’) for:
- export
- transfer
- trade (brokering)
- transit / transhipment
The Criteria will also be applied to the provision of technical assistance or other services related to those items, to the extent that these activities are subject to control.
Revised military end-use control
The definition of military end-use will be enhanced to improve its effectiveness. The change will permit the control, on a case-by-case basis, of non-listed items intended for use by the military, paramilitary, security forces or police forces of a destination subject to an arms embargo.
The control will only be imposed when government informs the exporter that a proposed export is intended for a military end use.
There will be exceptions for:
- medical supplies and equipment intended for hospitals, or other public health institutions providing medical services
- food, clothing and or other consumer goods generally available to the public and sold from stock at retail selling points, without restriction
This change will be delivered through a legislative amendment to the Export Control Order 2008, which we intend to lay in Spring 2022.
China
China will be added to the list of destinations subject to military end-use controls. This will rectify an anomaly that derives from the way the EU arms embargo was imposed in 1989 and the drafting of the current legal text.
As with the revised military end-use control, this requires a change to the 2008 Order and will be implemented at the same time. This is planned to come into force in Spring 2022.
This will not change the extent of the partial arms embargo on China.
Contact Export Control Joint Unit (ECJU)
General queries about strategic export licensing
Export Control Joint Unit
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY
Email [email protected]
Telephone 020 7215 4594