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Guidance: What the Export Control Act 2002 Means

The controls introduced by the Export Control Act are wide ranging. Industry needs to be aware of their scope, and have systems in place to ensure that they obtain appropriate licence coverage for their goods and activities.

This brief note provides an overview of what exporters need to know in practical terms about the Act. It summarises the controls and points you to what exporters should know about licenses, compliance and sources of further advice. See:

 

What is controlled

The Act controls the following exports and trade activities:

  • electronic transfers of technology and software for military goods.
  • transfers, by any means, of technology related to WMD or trade activities.
  • technical assistance in connection with a WMD programme.
  • trade (trafficking and brokering) in military, paramilitary and certain other goods between countries outside the UK. (Note: some trade controls apply to UK persons anywhere in the world, as well as to activities carried out wholly or partly in the UK).
  • trade in military and certain other goods from any place outside the UK to specified destinations where either OSCE, EU, non-binding UN and national UK embargoes are in force.
  • exports of certain high-activity radioactive sources.

See more on the Export Control Order 2008 and the Controls on Radioactive Sources.

You should note that there are other controls imposed as a result of EU legislation on dual-use goods and torture goods.

See more on Controls on Dual-Use Goods and Controls on Torture Goods.

 

Guidance

 Guidance material is available in the Licence Advice and Resources section.

 

Licensing

As a result of the Act, the range of Open General Licences (OGLs) was extended. This means that many of the less sensitive transactions caught by the controls do not require an individual licence. For example, most trading activities in respect of military goods moved to or from OECD countries are within the scope of the Open General Trade Control Licence. Likewise, many electronic, non-WMD related transfers are covered by the open general licences on transfers of technology for military goods.

See more on OGELs

If the Open General Licences do not provide appropriate licence coverage for exports, a 'standard' or 'open' individual licence application will need to be made.

See more on SIELs and OIELs.

All applications are judged on a case-by-case basis against the Consolidated Criteria.

See more about Licence Decision Making.

 

Compliance and Record Keeping

There are broad, minimum legal requirements for record keeping. Guidance notes are available on how these apply in respect of the controls.

In addition, we advise industry to have systems for training staff and monitoring licensable activity in these areas in place.

Compliance Officers will look at these systems when they visit.

See more on Compliance.

 

Further advice

Exporters can request what is called a "rating" to determine whether a potential export is licensable by making a rating request via the SPIRE licensing system.

See more on the Rating Enquiry Service.

The ECO runs a comprehensive programme of seminars and awareness sessions on export control.

See more on Training and Seminars.

The ECO also provide a telephone and email helpline for general help and advice. For more details contact the ECO.

 

Export Control Organisation

Updated: 3 April 2009

 

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