Notice

NTE 2024/04: The Export Control (Amendment) Regulations 2024

Published 12 March 2024

Introduction

The Export Control Joint Unit (ECJU) has amended the Export Control Order 2008 (“the 2008 Order”) and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast) (EUR 2009/428).

Council Regulation (EC) No 428/2009 is assimilated under the Retained EU Law (Revocation and Reform) Act 2023 and henceforth referred to (“the assimilated Dual-Use Regulation”).

The Export Control (Amendment) Regulations 2024 (SI 2024 No. 346) will come into force on 1 April 2024. These Regulations make changes to:

• Schedule 2 (military goods, software and technology) of the 2008 Order
• Schedule 3 (dual-use goods, software and technology) of the 2008 Order
• Annex I (dual-use goods, software and technology) of the assimilated Dual-Use Regulation.

Amendments to the 2008 Order

• the amendments to Schedule 2 of the 2008 Order reflect routine technical updates made to the Wassenaar Arrangement munitions list, as agreed in December 2023. These include:

  • editorial amendments to Technical Notes in certain entries, including ML4, ML7, ML8, ML9, ML14 and ML17
  • addition of a new decontrol note for a chemical in sub-entry ML8.d
  • clarification of control scope for production equipment in sub-entries ML18. and ML18.b

• the amendments to Schedule 3 of the 2008 Order introduce new controls on specific emerging technologies which the UK, along with a number of like-minded countries, has committed to implement, in order to strengthen the national controls

  • this introduces 3 new entries in Schedule 3: PL9013, PL9014 and PL9015
  • these new entries relate to quantum technologies, cryogenic technologies, semiconductor technologies, additive manufacturing equipment and advanced materials
  • the export of this equipment will now be subject to an export licence requirement for all destinations

Amendments to the assimilated Dual-Use Regulation

• the amendments to Annex I of the assimilated Dual-Use Regulation reflect routine technical updates to the Wassenaar Arrangement dual-use list, as well as changes to the control lists administered by other multilateral export control regimes, including the Australia Group, Nuclear Suppliers Group and the Missile Technology Control Regime, as agreed in December 2023. These include:

  • editorial amendments to Technical Notes and definitions in certain entries
  • amendment of the control parameters for some items including those in Categories 3, and 8
  • a new sub-entry for iodine pentafluoride in entry 1C011.e
  • modification of decontrol Note 2.e. for commercial cryptography applications in entry 5A002.a
  • minor consequential amendments in entries PL5001.f and in 9E001 and 9E002 as a result of changes made in a previous SIs

The consolidated list of strategic military and dual-use items that require export authorisation will be amended and republished in due course.

Apply for a licence using SPIRE, the online export licensing system.

Read guidance on applying for an export licence.

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