Notice

NTE 2023/21: End User Advisory Service

Published 16 November 2023

Introduction

The End User Advisory Service enables exporters to seek advice on whether exports to named overseas entities will require licences because of Weapons of Mass Destruction (WMD) or military end use concerns. This advice is ‘non-statutory’ which means it does not constitute advice on how to follow the law and is no substitute for legal guidance. However, we recognise it is a helpful and important service for exporters to understand how export control rules might apply to them.

Processing Results

The current system is processing around 14,500 enquiries per year. This has increased substantially compared to previous years. This is in large part because of Russian sanctions, as well as the enhancement of the Government’s Military End Use Controls and their inclusion of China. For example, enquiries about Chinese end users alone have increased by 14.5% from May 2022, when the Military End Use Control changes took effect, to April 2023.

This significant increase in demand has been challenging for the Export Control Joint Unit (ECJU) to manage and as a result, exporters have experienced some delays in responses to end user advice enquiries, particularly for Russia and China. We have also been handling some end user queries which are unnecessary. So, to ensure that we focus the resources of the End User Advisory Service in the most useful and productive way, and help you avoid submitting unnecessary queries, we want to provide some reminders and additional guidance on how to use the Service.

Additional guidance

The End User Advice Service should only be used by exporters who have already established that their goods do not feature on any control lists and will therefore not normally require export licences.

Consolidated list of strategic military and dual-use items that require export authorisation

Regardless of any end user advice you receive from ECJU, exporters have a legal obligation under the export control legislation to notify the ECJU if you know, suspect or have been informed by government that your items are, or may be used for, WMD purposes.

Further guidance is available at:

End-use controls applying to WMD-related items, including technical help Your items may also require a licence due to the government’s Military End Use Controls. Further guidance is available at

End-use controls applying to military related items

If you are exporting exclusively to the following countries, you do not need to apply to the End User Advice Service:

Australia, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Republic of, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, United States.

However, if you are exporting to multiple destinations, including countries not on this list, then you should continue to apply for End User Advice where you think that is necessary.

To save you time, and help us to ensure we are delivering useful and timely advice, please avoid resubmitting advice for the same end user in the following circumstances:

If you have previously received a ‘Concerns’ letter from ECJU in relation to a specific end user, you should assume this advice will continue to apply for 12 months. Therefore, during that period if you wish to export your goods or services to that end user, you should apply for an export licence. Please do not resubmit end user advice queries for that end user until that 12 month period has elapsed because our advice is very unlikely to have changed in that time.

Where ECJU has advised that there are ‘No Concerns’ about a specific end user then that advice is unlikely to change within a six month period. Therefore, please do not reapply for advice for that end user within that six month period, unless something significant about the end user has changed (for example, a change in directors, a change to the products they trade or a change in site delivery address).

We would like to remind you that the ECJU End User Service serves to complement exporters’ own due diligence and not a substitute for strong internal governance policies.

Contact Export Control Joint Unit

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

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