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New Open General Trade Control Licences to be issued on 1 October 2008

NOTICES TO EXPORTERS - 2008/19 - 02 September 2008

Details  

  1. As of 1 October 2008, the Department for Business, Enterprise and Regulatory Reform will be making amendments to the Open General Trade Control Licence (OGTCL) structure.

  2. The current single OGTCL will be divided into two; one to cover small arms and one to cover all other permitted Military List Goods. The new licences will be called: Open General Trade Control Licence (Small Arms) Open General Trade Control Licence (Category C Goods)

  3. These new OGTCLs reflect the new three tiers of trade controls, which will replace the current “Controlled” and “Restricted” categories as of 1 October 2008. This was announced in the notice to exporters – NTE 200815 on 9 July 2008 .

    The core changes are:

    • Trading in small arms will be covered by the new Open General Trade Control Licence (Small Arms), whether carried out from within the UK or by UK persons operating overseas. This will work on the same basis as the existing OGTCL and will permit trade from and to certain countries. However, as these goods are of heightened concern, the number of destination countries excluded from the OGTCL has been extended. Details of the countries covered by the new Small Arms OGTCL are provided at the end of this notice.

    • The existing OGTCL will be amended to cover category C goods only, to become the Open General Trade Control Licence (Category C Goods), but will in all other respects – for example, its structure, underlying rules, and the countries covered - remain the same.

The new OGTCLs will be available from 1st October 2008.

What this means in practice

  1. If, after 1 October 2008, you intend to trade in small arms between two overseas countries – whether or not you intend to do so from within the UK or (if you are a UK person) from overseas - you should first consult the list of “countries where trade in Small Arms is permitted” below, to see whether your source and destination countries are permitted on the new Small Arms OGTCL. If they are covered, and you can meet the other conditions of the new OGTCL, you should register to use it via SPIRE (see details below).

  2. If the new Small Arms OGTCL does not cover your intended activities – or if you intend to trade in cluster munitions, MANPADS or long range missiles, for which OGTCL cover is not available - you should apply for an Open Individual Trade Control Licence (OITCL), or Standard Individual Trade Control Licence (SITCL) via SPIRE. It is important for you to get the appropriate licence cover for your activities in place before 1 October 2008. See the SPIRE - Background Information for details about how to register to use SPIRE.  

  3. If you are currently trading in permitted goods other than small arms and are registered to use the current OGTCL, you need not re-register to use the new OGTCL for Category C goods; we will automatically transfer your registration details to it. However, if you are not registered for the existing OGTCL on SPIRE and you still intend using it you are advised to re-register.

Countries where trade in Small Arms is permitted under the new Small Arms OGTCL

The Small Arms OGTCL will be valid for the following:

  1. Movements from any country, other than DPRK (North Korea), Iran, Zimbabwe or any individual to which the Al'Qa'ida and Taliban Sanctions apply, to any country specified in Part A of this Schedule.

PART A:

Australia, Austria, Belgium, Canada, Channel Islands, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland (Republic of), Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Slovenia Spain, Sweden, Switzerland, USA; and

  1. Movements from any country in Part A of this Schedule to any country other than a country specified in Part B of this Schedule.

PART B

Afghanistan, Albania, Argentina, Armenia, Azerbaijan, Belarus, Benin, Bosnia & Herzegovina, Burkina Faso, Burma, Burundi, Cape Verde, Central African Republic, Chad, China (excluding SARs), Colombia, DRC, Dubai, East Timor, Eritrea, Ethiopia, Gambia, Georgia, Ghana, Guinea, Guinea Bissau, Hong Kong SAR, Iran, Iraq, Ivory Coast, Jamaica, Kenya, Kyrgyzstan, Lebanon, Liberia, Libya, Macau SAR, Mali, Mauritania, Moldova, Montenegro, Morocco, Nepal, Niger, Nigeria, North Korea, Oman, Pakistan, Rwanda, Russia, Senegal, Serbia, Sierra Leone, Somalia, Sri Lanka, Sudan, Syria, Taiwan, Tajikistan, Tanzania, Togo, Trinidad & Tobago, Turkmenistan, Uganda, Ukraine, Uzbekistan, Venezuela, Yemen and Zimbabwe.

 

*Countries in bold have been added to the list of countries excluded. Where trading of Small Arms is not permitted under the Small Arms OGTCL you should apply for either a SITCL or an OITCL.

If you need further details of any export control related queries, please contact the ECO.

This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

Export Control Organisation

02 September 2008
NTE20080219

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