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Guidance on Trade in Controlled Goods (Trafficking and Brokering)

The Export Control Act 2002 which came into force on 1st May 2004, replaced existing export control powers and provided a more transparent framework and increased Parliamentary accountability. The Act also extended export controls, including those on Trade ("Trafficking and Brokering" in Controlled Goods (including Trade to Embargoed Destinations).  

As a result of the Review of Export Control Legislation 2007 amending Trade Control legislation came into force on 1st October 2008. This introduced amendments to the existing Trade in Goods (Control) Order 2003 and the Trade in Controlled Goods (Embargoed Destinations) Order 2004. The amending order is the Trade in Goods (Categories of Controlled Goods) Order 2008.

To view the associated legislation go to Controls on Trafficking and Brokering (Trade Controls) and Controls on Embargoed Destinations.

Current Guidance

Current guidance on trade controls is outlined in:

Export Control Act 2002: review of export control legislation (2007) supplementary guidance note on trade ('trafficking and brokering') in controlled goods. (95KB)

This document explains:

• the introduction of a 3 tier structure to Trade Controls (which replace the previous classification of "controlled" and "restricted" goods) to non-embargoed destinations
  • Category "C" which consists of all goods contained on the Military List (and which do not fall into either of the categories below)
  • Category "B" which consists of Small Arms and Man Portable Air Defence Systems (MANPADs) and accessories, ammunition and specially designed components.
  • Category "A" which consists of Long Range Missiles (range over 300km), Unmanned Air Vehicles, cluster munitions and specially designed components, and certain paramilitary goods whose export is already banned because of evidence of their use in torture.
• controls on trade to embargoed destinations
• types of licences and the application process
• end-user documentation
• and a list of Frequently Asked Questions

A Notice to Exporters was issued about the planned legislative amendments on 9 July 2008. See NTE 200815.

There is also associated Guidance on Trade Controls: Impact on Exhibitions and Trade Fairs 

Guidance on Trade Controls coming into effect from 6 April 2009

The changes to the Trafficking and Brokering Controls are being phased in through 3 stages. The third tranche, which will come into effect on 6 April 2009, introduces a number of amendments, including moving some goods from one category to another so that they are subject to the level of control applicable to their new category for trading activities within the UK or by UK persons overseas.

This guidance is intended to assist those individuals and companies who are or may become involved in the trading of goods to understand the controls and determine when a licence will be required.

The new guidance is outlined in:

Export Control Act 2002. Review of export control legislation (2007): supplementary guidance note on trade ('trafficking and brokering') in controlled goods (in effect from 6 April 2009) (32KB)

This document includes information on the following:

• The Legislation
• The New Structure of Trade Controls
• Controls on Category A Goods to non-embargoed destinations
• Controls on Category B Goods to non-embargoed destinations
• Controls on Category C Goods to non-embargoed destinations
• Controls on Trade to Embargoed Destinations
• Types of Trade Licences and How to Apply for Them
• End-User Documentation
• Frequently Asked Questions
• Contacts for Further Advice
• Extracts of the Legislation

IMPORTANT - The amended guidance referred to above relates to legislation which comes into effect on 6th April 2009 and has been made available to enable individuals and companies to become familiar with the new controls. However, if you are or may become involved in trade activity between now and 6th April 2009 you should refer to the current guidance which explains the changes to the trade controls which came in to effect on 1 October 2008. Once the new controls come in to effect, the new guidance will replace the existing guidance which will be removed from these webpages.

See the Notice to Exporters 2009/02 issued about the planned legislative amendments.

Licensing

More information is available on the different categories of Trade Control Licences.

Export Control Organisation

Updated: 29 January 2009

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