Export controls: EAR99 vs ML10 Which take precedence, UK regulations or US ?
Question
If a part is manufactured in the UK using US Technology, and the part is controlled at the lowest controls in the US for EAR99, but the UK supplier/manuf claims that the part is controlled in the UK under ML10 though the US has removed the control of that part/data from the ITAR to the EAR at the lowest controls. What would take precedent UK regulations or US?
Does the UK align their regulations with the changes in the US Export Control Reforms that are currently going on? This is a very heavy subject as most of the parts being moved are Aerospace & Defence parts and components.
(This question was asked at one of our recent webinars on Export Controls. You can listen to this webinar on our recent webinars page at http://opentoexport.com/info/webinars/)
Answer
If you are exporting from the UK, you need to comply with UK export controls. The US, through their Export Control Reform process, has moved some items specially designed or modified for military use from the Munitions (ITAR) list to the Commerce Control List (EAR). This makes no difference in the UK as items specially designed or modified for Military use are still considered against the UK Military List.
As far as I am aware, there are no plans for the UK to follow the US Export Control Reform process.