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The Military End Use Control is a so-called "catch-all" control. Even if the items which you intend to export are not listed on the current UK Military List, you might still require an export licence under this control.
Under this control, an exporter is usually "informed" by ECO that an export licence is required for either of two reasons.
It is therefore in exporters' interest to read this guidance note carefully and in full.
The Military End Use Control is detailed in the EU Dual-Use Regulation (otherwise known as Council Regulation (EC) No. 428/2009 1), which sets up a European Union regime for the control of exports of dual-use items and technology. This is the re-cast regulation which was adopted in August 2009 and is directly applicable in all Member States. For more details see Controls on Dual-Use Goods.
There are two "military" end-use controls:
The control applies in respect of a destination that is subject to an arms embargo which is either
The control applies to any exports involving an entity located in such destinations, including purchasers,consignees and end users.
Note: This control applies when the embargoed destination is the ultimate destination of the equipment to be put to a military end use, not just the immediate destination of the dual use items.
The countries that are currently subject to such arms embargoes are:
Armenia, Azerbaijan, Burma, Cote d'Ivoire (Ivory Coast), Democratic Republic of Congo, DPRK (North Korea), Guinea, Iran, Iraq, Lebanon, Liberia, Sierra Leone, Somalia, Sudan,Uzbekistan and Zimbabwe.
The second only applies in respect of dual-use items not otherwise subject to control where the exporter has been informed, (see Article 4(3) in the Annex), that they are intended for use as parts or components of "illegally obtained" (from the UK) military goods irrespective of destination.
If the exporter is aware, (see Article 4(4) in the Annex), that the proposed export is or may be intended for any of the uses described above, they must inform the ECO, which will decide whether they must apply for a licence and inform them accordingly.
References above to military equipment or military goods mean any items controlled under Part 1 of Schedule 2 to the Export Control Order 2008 otherwise known as the UK Military List. In addition to the controls listed in the EC Regulation, the 2008 Order gives effect to certain provisions of the EC Regulation. Articles 5 & 7 of the 2008 Order in particular (see Annex) control the export to a destination in another Member State of any dual-use items not otherwise subject to control, where the provisions of Article 4 (2), (3) or (4) (in other words the controls referred to above) of the EC Regulation apply and it is known at the time of the export that the final destination is outside the European Community.Under Article 4 (1) of the EC Regulation these same provisions also apply to the WMD End-Use Control. There is separate Guidance on the WMD End-Use Controls.
Notes
1 - O.J.No.L159, 30.6.2000,p1 as last amended by Council Regulation (EC) No.149/2003 (OJ L30, 5/2/03)
Exporters are usually informed that they need an export licence as a result of the military end use control by either a letter, fax, email or phone call from the ECO.
As with all licence applications, exporters should apply via ECO's SPIRE licensing system.
The licence application is processed in the usual way. In the light of the information you provide or any other information available, ECO will consider whether a licence should be granted. A licence is likely to be refused, after detailed assessment, on the basis of the two risks outlined above.
View the Military End Use Control - FAQs. This provides further advice including what to to if your items are stopped at a port.
"An authorisation shall also be required for the export of dual-use items not listed in Annex I if the purchasing country or country of destination is subject to an arms embargo decided by a common position or joint action adopted by the Council or a decision of the OSCE or an arms embargo imposed by a binding resolution of the Security Council of the United Nations and if the exporter has been informed by the authorities referred to in paragrap h 1 that the items in question are or may be intended, in their entirety or in part, for a military end-use. For the purposes of this paragraph, ‘military end-use’ shall mean:
" An authorisation shall also be required for the export of dual-use items not listed in Annex I if the exporter has been informed by the authorities referred to in paragraph 1 that the items in question are or may be intended, in their entirety or in part, for use as parts or components of military items listed in the national military list that have been exported from the territory of that Member State without authorisation or in violation of an authorisation prescribed by national legislation of that Member State."
" If an exporter is aware that the dual-use items which he proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraphs 1,2 and 3, he must inform the authorities referred to in paragraph 1, which will decide whether or not it is expedient to make the export concerned subject to authorisation."
Article 5 - (1) This article applies where— (a) a person (“the relevant person”) knows— (i) that the final destination of UK controlled dual-use goods, software or technology is outside the customs territory; and (ii) that no processing or working is to be performed on the goods, software or technology in question within the customs territory; and (b) the goods, software or technology in question are of a kind that is specified in Schedule 3 as prohibited for a particular destination or destinations rather than any destination. (2) Subject to articles 13, 14, 17, 18 and 26, the relevant person shall not— (a) export the goods in question; or (b) transfer the software or technology in question by electronic means to a destination within the customs territory.
Article 7 - (1) This article applies where— (a) a person (“the relevant person”) knows— (i) that the final destination of dual-use goods, software or technology is outside the customs territory; and (ii) that no processing or working is to be performed on the goods, software or technology in question within the customs territory; (b) the relevant person would only be permitted to export or transfer the goods, software or technology in question to a destination outside the customs territory to the extent authorised to do so under Article 3 (controls on listed goods) or 4 (end-use controls) of the dual-use Regulation; and (c) the goods, software or technology in question are not specified in Annex IV to the dual-use Regulation. (2) Subject to articles 17 and 26, the relevant person shall not— (a) export the goods in question; or (b) transfer the software or technology in question by electronic means to a destination within the customs territory.
For further details of strategic export controls please contact the ECO
This Note is for information only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.
Export Control Organisation
Updated: January 2010
