What happens when SPIRE say no license required but the parts are controlled under 5A002 and we are shipping to export countries?
Question
What happens when SPIRE say no license required but the parts are controlled under 5A002 and we are shipping to export countries?
(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
Thank you for your question.
The answer depends on why ‘SPIRE’ indicated that the goods didn’t need a licence. I include two examples and I hope that one of them fits.
– If goods are described by 5A002 of EC regulation 428/2009, but are being exported from the UK to elsewhere within the EC, then SPIRE will be used to return a No Licence Required (NLR) response. This is because such goods are free for intracommunity movement without licences. However, in this circumstance, Article 22(10) of the regulation still requires you to annotate shipping documentation with something that makes it clear to the recipient of the goods that the goods are subject to export control if they are then to be exported outside the EC. There is also additional record keeping requirements under article 30(3) of the Export Control Order for information security items being transferred within the EC (i.e. 5A002 goods).
– If a Technical Officer reads through your SPIRE application and believes, based on the information provided, that the goods either aren’t described by the controls, or are subject to a de-control (there are many in Category 5 Pt II) then they will assess that the goods are NLR. If you believe that this assessment is incorrect, then please contact the Licencing Unit Officer for your case and explain the situation (a small blue circle with a phone in it should appear next to your case in SPIRE). If our Technical Assessment Unit agrees that there has been an error, then your SPIRE application will be re-opened. If there has been no error, your Licencing Officer will confirm this.