Do you need an Export Licence
I have noticed that there have been a large number of questions about whether you need export licences. I have found this advice from my good friend Margaret Chadwick really useful
Whether or not you need an export licence for your goods will be determined by four factors:
1. The Nature of goods
The following checklist outlines the broad categories of goods which are likely to be controlled:
· most items that have been specially designed or modified for military use
· dual-use items – those that can be used for civil or military purposes
· associated technology and software
· goods that might be used for torture
· radioactive sources
The main reason why these types of goods are controlled is because, they are listed on one of the UK Strategic Export Control Lists. The Control Lists are a listing of items for which a licence is required from the ECO. The Consolidated List is compiled from seven lists in various pieces of international legislation. The main elements of the Consolidated List are the UK Military List and theEU Dual-Use List.
Depending on your goods, you will need to consult the relevant list and determine the relevant ‘rating’ or classification of your products, before applying for a licence.
The ECO (Export Control Office) is concerned with goods of a ‘strategic’ nature such as military or civilian (dual-use) goods that can be used for military purposes. Export controls on other categories of goods are the responsibility of other departments.
If your items are on the UK Military List or are more sensitive items on the EU Dual-Use List (ie on Annex IV of the EU Dual-Use Regulation), then you will need a licence for all destinations – including EU countries. If your goods are less sensitive items on the EU Dual-Use List (Annex I items), then you will only need a licence for export outside the EU.
Other items may well require a licence for destination countries that are subject to embargoes or sanctions.
3. End-use/’catch all’
If your goods are not listed on the UK Strategic Export Control Lists, you may still need a licence under End-Use Controls. This applies if the goods are likely to be sent to an end-user where there are concerns about the possible use of the goods in a weapons of mass destruction (WMD) programme. For example, cryogenic equipment could be used in a nuclear weapons facility.
Components that are not designed for military use but which are going into military goods in an embargoed destination are also covered by the End-Use Controls.
4. Licensable trade activities
You may also need a licence if you are arranging or involved in the transfer of goods between two overseas countries. This is known as trafficking and brokering (trade controls).
Be aware of sanctions and HM Treasury banking restrictions
Margaret Chadwick : Director
Tel: 01954 261561