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Re-Cast of Council Regulation (EC) No 1334/2000 - revised OGELs and new dual-use brokering guidance

NOTICES TO EXPORTERS - 2009/19 - 18 August 2009

Changes to EU Dual-Use Legislation

1. Further to its earlier Notice of 19 June 09, the Department for Business, Innovation and Skills has amended national legislation under the Export Control Order 2008 to remove any overlap with controls listed in Council Regulation (EC) No.428/2009 (“the re-cast Regulation”) and to provide, where necessary, implementing powers in respect of licensing, enforcement and penalties. The details are as follows:

   • The Export Control (Amendment)(No.3) Order 2009 (S.I.2009/2151)(“the amendment Order)
     

     The amendment Order will enter into force on 27th August 2009.

      
2. Further guidance is now available in respect of the newly introduced controls on brokering services of dual-use items. See:
   
   Export Control Organisation: guidance on brokering (trade) of dual-use items - Council Regulation (EC) no. 428/2009 (151KB)
   
   
   
3. With the coming into force of the re-cast Regulation a number of Open General Export Licences (OGELs) covering dual-use items will be revoked and re-issued. In a number of cases minor changes have also been made to the OGEL goods schedule to reflect changes made in Annex I to the re-cast Regulation. Details as follows:

• Open general export licence (X) (38KB)
• Open general export licence (chemicals). (35KB)
• Open general export licence (oil and gas exploration: dual-use items) (39KB)

All the listed licences have been amended to refer to articles in the re-cast Regulation, and in addition the following licences have also had minor changes made to the goods schedule to reflect changes made in Annex I to the Regulation.

• Open general export licence (export after repair/replacement under warranty: dual-use items) (39KB)
• Open general export licence (export after exhibition: dual-use items) (35KB)
• Open general export licence (export for repair/replacement under warranty: dual-use items) (40KB)
• Open general export licence (dual-use items: Hong Kong special administrative region) (28KB)

        Additional exclusions for category 1A004.d, 1A008, 1D003, 1E002.g, 3A001.b.10, 3A001.h,5A001.h, 5E001.c.6, 5E001.d, 5E001.e, 5A002.a.7, 6A001.c, 6A008.j.3, and 6D003.c.

• Open general export licence (low value shipments) (35KB)

        Additional exclusion of category 3A001.b.10

• Open general export licence (X) (38KB)

        Additional exclusion of categories 3A001.b.10 and 5A001.h.

• Open general export licence (cryptographic development) (34KB)
  Additional exclusion of software and technology for category 5A002.a.7.

• Open general export licence (technology for dual-use items) (28KB)

        Additional exclusion of technology for categories 3A001.b.10., and 5A001.h.

Amendments to the above referenced OGELs will come into force on 27th August 2009.

4. The UK Strategic Export Control Lists (both the Consolidated and UK Military List versions) will also be amended on 27 August 2009 to reflect these changes. See Notice to Exporters 2009/17 for further details of the changes.

5. For further details of strategic export controls 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

18 August 2009

NTE 200919