Information required regarding the exporting of dual use military equipment to South Vietnam

Question posted by John Leslie, on behalf of Auto Electrical Services (Manchester)Ltd in M44

We may need to export a number of dual use military vehicles to South Vietnam and would appreciate any advice on gaining an export licence and the logistics involved in getting the vehicles to South Vietnam

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Dear John.
we suggest you contact export licensing and control on 0208 215 4594
and speak to an operator there or email them on ceo.help@bis.gsi.gov.uk
They are very helpfull.
Regarding freight logistics please contact us on 01263 513127 or email
colin.crown@ntlworld.com with details of the equipment and we will try our best to help.
best regards
Colin ; Crown Freight Ltd

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Charles Jacobson, on behalf of UKTI North West in M17.

Dear John

Colin’s comment about contacting Export Control is absolutely right. The Export Control website http://www.bis.gov.uk/exportcontrol is the best place to start. You can check if your vehicles are subject to export controls by using the Goods Checker on the website at http://www.ecochecker.bis.gov.uk. And as Colin mentions, the help desk is excellent – address is eco.help@bis.gsi.gov.uk.

There is also some useful background information on the security market in Vietnam on the UKTI website at http://www.ukti.gov.uk/de_de/export/countries/asiapacific/southeastasia/vietnam/sectorbriefing/185400.html?null which includes details of the UKTI DSO commercial officer at the Embassy, who could be a useful source of help and support in the future.

Regarding logistics, we would normally recommend that you make use of a BIFA member company. Indeed, their website enables you to search for members who have specific specialisation in both markets and sectors and maybe able to give you specific advice based on their direct experiences of importing vehicles or security related products in the market. See http://www.bifa.org/content/Member.aspx.

Hope this helps.

Charles

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Sandra Strong, on behalf of Strong and Herd LLP in M22.

Hi John - absolutely agree contact the Export Control Organisation of BIS but I must comment on your wording. You can't have dual-use military vehicles.

There are two types of export controls - items that very originally designed for military use or have been modified or re-configured specifically for military use. If your vehicles were originally designed as military vehicles you will require an export licence even if they were originally designed and manufactured many years ago. When we sent lots of old military vehicles across to France for the 60th anniversary of the D-Day landings they needed export licences. UK ECO have an Open General Export Licence for Military Vehicles that could assist.

Dual-use is an odd term, in fact it has nothing to do with the intended use of the goods but relates to inherent capabilities. So if you have a high tech products or something that withstand extremes of temperature though you may have designed them for a civil market they are, without change, suitable of use in a military or WMD environment so we don't what these special items just going anywhere in the world. The technical capabilities of controlled goods is shown in the EU dual-use list.

I think alot of people use the term "dual-use" when they can get orders for the same goods from both civil and military end-users. I prefer the term dual-purpose.

Sorry to go on but working as I do with lots of companies this as a common mistake - I must blog about it soon.

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As correctly indicated by the previous 3 replies above, you will need to apply for an export licence from the Export Control Organisation, part of the Department for Business, Innovation and Skills.

Please note that as of 17 October 2012, as a result of government-wide website changes, all our guidance about how to make a licence application is published on the GOV.UK website - https://www.gov.uk and not on Businesslink. Please remember to update any weblinks you may have.

There are various types of export licence which you might be able to apply for. The first type, as Sandra has indicated is an Open General Export Licence. To legally use a relevant OGEL you need to:
1. Know the 'rating' of your goods as listed on the UK Strategic Export Control Lists.
2. Check that the destination is permitted by the OGEL you intend to use
3. Ensure that you can meet all terms and conditions including record keeping requirements

To check terms and conditions you can use OGEL Checker - http://www.ecochecker.bis.gov.uk

If you either can't meet all terms and conditions or the goods or destination are not permitted by an OGEL then you need to apply for a Standard Individual Export Licence (SIEL).

To either register for an OGEL or apply for a SIEL you need to log in to the SPIRE export licensing database - https://www.spire.bis.gov.uk

Guidance is available on GOV.UK about
- 'strategic exports: when to request an export licence' - https://www.gov.uk/do-your-goods-need-an-export-licence
- 'UK Strategic Export Control Lists' - https://www.gov.uk/uk-strategic-export-control-lists-the-consolidated-list-of-strategic-military-and-dual-use-items

More guidance is also available about types of licences and how to submit applications correctly.

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Dear John,

My name is Dinh Cong Thanh, DSO Officer based in the British Embassy, Hanoi. It's glad to hear about your business opportunity in selling vehicle to Vietnam. I see that you have received many good pieces of advice and instructions on export licence or clearance at UK end. Please let us know if you need help with import procedures. My email address is: dinh.thanh@fco.gov.uk

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Duc Nguyen, on behalf of DNAS Lawyers in Vietnam.

Dear All,

We are pleased to clarify most of your legal and business issues in connection with your business in Vietnam.

Regards
Duc

DNAS Lawyers
duc@dnas.com.vn

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I can highly recommend Strategic Shipping in Colnbrook as a defence specialist freight forwarder. Their compliance manager is also ex-DTI so knows pretty much everything you need to know about the licensing process.

As stated above, a military vehicle is a military vehicle (category ML6 of the UK military list), and a SIEL - Standard Individual Export Licence will be required. Lyon apply through SPIRE to the Export Control Organisation and it's likely to take up to 6 weeks from start to finish.

Hope this helps.

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