Updating or surrendering a maritime anti-piracy licence
What private maritime security companies (PMSCs) with a trade control licence must do when their circumstances change like leaving the sector or merging.
This guidance applies to PMSCs that hold an open general trade control licence (OGTCL) (maritime anti-piracy).
PMSCs with this licence must follow certain procedures to comply with the terms of their licence if they:
- stop private maritime security work
- become insolvent or close down
- become a subsidiary
- merge or form a joint venture with another PMSC holding an OGTCL (maritime anti-piracy)
You, as the licence holder, must protect your controlled goods against unauthorised transfers, loss, theft or diversion. They must remain under your control at all times.
What to do if you are closing down or leaving the sector
When you do not need to sell controlled goods
If you do not need to sell controlled goods you must:
- Contact [email protected] to inform Export Control Joint Unit (ECJU) that you are leaving the sector.
- Follow the procedures to destroy and dispose of any surplus controlled items.
- Surrender your licences on SPIRE, the online export licensing system.
When you do need to sell controlled goods
If you need to sell controlled goods, including weapons, you must follow ECJU’s procedures. This is before your company closes down, becomes insolvent or leaves the private maritime security sector.
All sales or transfers must take place before the appointment of an insolvency practitioner.
1. Contact [email protected] to inform ECJU that:
- your company is closing down or stopping private maritime security work
- you need to sell controlled goods
2. If selling, you must inform ECJU who your buyer is once identified.
3. You will need to apply for a Standard Individual Trade Control Licence (SITCL) to sell the items you hold.
Find out more about SITCL and other types of brokering licences.
4. You can apply for the SITCL licence on SPIRE. We will process your SITCL licence application as a priority.
5. You must surrender all licences using SPIRE once the transfer or sale has taken place.
What to do if your company is taken over, merged or becomes part of a joint venture
When you become a subsidiary
You must decide whether to transfer your controlled goods to your new parent company.
This can only happen if both of the following apply:
- your company becomes a wholly owned subsidiary (100%)
- your parent company holds an OGTCL (maritime anti-piracy)
If a transfer occurs:
- you must give up your existing licence
- the parent company must have its existing licence adjusted on SPIRE
Contact ECJU for implementation of these changes on SPIRE.
A parent company normally holds the OGTCL (maritime anti-piracy) on behalf of its group of subsidiary companies if they are wholly (100%) owned. The licence held by the parent company covers all PMSC activity undertaken by the subsidiary companies. It allows any company wholly owned and within the licensee’s group of companies to use its controlled goods.
You can keep your own licence if you are 100% wholly owned.
If your company becomes a subsidiary but is not 100% owned, you must continue to operate under your existing licence.
When you merge
If your company is taken over or merged but not 100% wholly owned, you must keep your own licence. No transfer of controlled goods between different subsidiaries is allowed under this scenario.
When you form a joint venture
Your company may not undertake any kind of joint venture with another PMSC. This is if it entails more than one company sharing weapons and other controlled goods. The OGTCL MA-P licence only permits the licensee to use/transfer controlled goods which are wholly owned by the licensee.
Destroying weapons
Your controlled goods or weapons must be completely destroyed if any of the following apply:
- you cannot use them under the OGTCL MA-P
- you cannot sell them to a buyer holding a OGTCL MA-P
- they are no longer required
See guidance on deactivation of firearms.
An appointed registered dealer must decommission under the UK Firearms Act 1997. Where it is not possible to return the weapons to the UK, the controlled goods or weapons should be completely destroyed
You must keep records of the disposal process. This should show the weapon or weapons before and after destruction.
The record should be through one of the following:
- witness statements and photographs
- video evidence
You should dispose of the pieces in an appropriate place as per the deactivation guidance
You must keep detailed records of the entire process for future compliance inspection checks.
Buying controlled goods from a PMSC leaving the sector
If you buy controlled goods from a PMSC leaving the sector, you must have all relevant licences and documents in place.
These include:
- an OGTCL MA-P
- the relevant licence(s) to transfer controlled goods
Contact ECJU
Contact our helpline for any queries on maritime anti-piracy licensing.
Maritime Anti-Piracy Unit
Export Control Joint Unit
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY
Email [email protected]
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