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UK introduces new extra territorial Trade Controls on small arms, MANPADs and cluster munitions

From the 1st October 2008 new legislation introduced by the United Kingdom Government will control the activities of UK persons anywhere in the world, when they are involved in trading in Small Arms, Man Portable Air Defence Systems (MANPADs) and Cluster Munitions. These changes are being introduced as a result of the  Review of Export Control Legislation 2007.

Who is affected by the new controls

If you are a “United Kingdom person” defined as a United Kingdom national, a Scottish partnership or a body incorporated under the law of any part of the United Kingdom these controls affect you. A United Kingdom national is an individual who is;

1. a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
2. a person who under the British Nationality Act 1981 (c. 61) is a British subject; or
3. a British protected person within the meaning of that Act.

Scope and meaning of the controls

Trading – sometimes referred to as “trafficking and brokering” – means transferring equipment between two countries outside the UK.

Trading by UK citizens outside UK territory, in respect of Long Range Missiles, Torture Equipment, and any controlled goods to embargoed destinations is already controlled, but the new measures extend the scope of these controls.

UK persons are now prohibited from trading from outside the UK between two or more countries that are not the UK, in Small Arms, MANPADs and Cluster Munitions, without an appropriate Trade Control Licence issued by the UK Government.

Licensing

You also need to bear in mind that being issued with a UK Trade Licence does not remove the requirement for you to obtain the permission of the authorities of the appropriate countries to remove or receive goods from or to that territory as necessary. Trading without a valid licence is a criminal offence. Offenders can be fined and/or imprisoned. In addition, making false statements in connection with a licence application is also a criminal offence. The maximum penalty for the most serious offences is now set at 10 years.

Licences can be applied for from anywhere in the world over the internet via SPIRE.

Further information

There is a good deal of help and advice available to help you avoid falling foul of the regulations.

Guidance, including definitions of the goods controlled, and information about the situations where a trade licence is needed, the precise activities controlled and how to apply for a Trade Control Licence from the UK Government, can be found at Guidance on Trade in Controlled Goods (Trafficking and Brokering).

The Special Casework Licensing Unit (e-mail: lu3.eca@berr.gsi.gov.uk) are also available to deal with any extra questions that you might have.

An outline of these changes was issued in Notice 200815 which provides a brief summary of the proposed amendments and links to relevant guidance and legislation. (see also the related links information on this page).

Export Control Organisation

Updated: 9 July 2008