Guidance notes which explain what OIELs are, the various types available, how long they last, who is eligible to apply for them, the conditions which apply, the relevant UK and EU legislation, what changes can be made to them, and advice on refusals and cancellations

What is an Open Individual Export Licence

An Open Individual Export Licence (OIEL) is specific to an individual exporter and covers multiple shipments of specific goods to specified destination(s) and/or, in some cases, specified consignees/end-users.  There are no Open Individual Transhipment Licences.

Type and Duration of OIELS

There are five main types of OIELs:

Military OIELs authorise the export of  items and technology controlled by Schedule 1 Part 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003, known as the Military List, and are usually valid for two years.  

Dual-use OIELs authorise the export of items controlled by Schedule 2 Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 and are usually valid for three years.

Dealer OIELs authorise UK registered firearms dealers to export certain categories of firearms and ammunition solely to other gun dealers in the European Union only, provided that copies of valid documentation are forwarded to the Export Control Organisation at least 2 working days  before each shipment.  If you wish to export firearms and ammunition to any other consignee in the EU, you must apply for standard individual export licences (SIELs).  You should also note that if you wish to exhibit, demonstrate or export (permanently or temporarily) any of the items listed under “Category B” of the EC Directive on the Control of the Acquisition and Possession of Weapons (91/474/EEC), you must hold a certificate issued under section 5 of the Firearms Act 1968.  Dealer OIELs are usually valid for 3 years. 

UK Continental Shelf OIELs authorise the export of controlled items to the UK sector of the Continental Shelf solely for use on, or in connection with, offshore installation and associated vessels.  Continental Shelf OIELs are valid for five years but can be amended or revoked at any time by the Secretary of State for Trade and Industry.

Media OIELs authorise the export of protective clothing and equipment, mainly for the protection of journalists and aid agency workers, for example when working in areas of conflict.  They are usually valid for two years and cover the export to various destinations of items such as military helmets, body armour, bullet-proof or bullet-resistant clothing, NBC protective items, non-military 4WD civilian vehicles with ballistic protection, flak suits and specially designed components for any of these items.  Items exported under Media OIELs must be returned to the UK when they are no longer required for personal protection.

Eligibility for an OIEL

OIELs are a concessionary form of export licensing for exporters with a proven track record of applications for SIELs and/or where the particular nature of their business makes the application of SIELs inappropriate.

Application and Supporting Documentation

If you consider that you are eligible for an OIEL and would like to submit an application, please contact the ECO Helpline (020 7215 8070; fax 020 7215 0531 [formerly 0558] or email eco.help@dti.gsi.gov.uk) for a CD-ROM or paper application form. You will also need to provide four sets of brochures and detailed technical specifications describing the items you wish to export.

All open individual export licence applications, including those for temporary exports, need supporting documentation.  The type of documentation required can vary between applications, see separate guidance notes on supporting documentation (http://www.dti.gov.uk/export.control/applying/supptechinfo.pdf)

Amendment to an OIEL

Amendments to issued OIELs will be considered in the following circumstances only:

(a)            Exporter’s change of name/address; and

(b)            Consignee’s change of name/address.

Applications must be made in writing (letters/faxes) and must explain the reason for the request.

Extension to the Validity Period of an OIEL

A request to extend the validity period of an existing OIEL will only be considered if you have already submitted a new application for goods/destinations similar to those already covered.  The request  must be submitted in writing (letter/fax) at least eight weeks before the existing licence is due to expire.  An extension can be granted for any period of up to six months.

Refusal/Revocation of an OIEL

The refusal of an application for an OIEL or revocation of an issued OIEL does not prevent the exporter from applying for a SIEL covering some or all of the same items  to any of the destinations concerned.  However, the factors that led to the original decision would obviously be taken into account in the decision on any such application.  There is no provision in the licensing procedure for appeals against refusal or revocation decisions on OIELs.  This is because such decisions do not prevent a company from applying for SIELs.

Relevant Legislation

On 28 September 2000 Council Regulation (EC) No. 1334/2000 (as amended), which replaced an existing system for the control of exports of dual-use goods, came into force.  As with the Regulation it replaced, the new Regulation is directly applicable in all Member States, and provides that a licence issued in one Member State shall normally be valid for export from all Member States.  No licence is required for most dual-use items to other Member States unless they are for onward consignment to a third country.

“Dual-Use Items” means items, including software and technology, which can be used for both civil and military purposes, and shall include all goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices.

Copies of the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 are available from HMSO Details are also available at http//www.dti.gov.uk/export.control/legislation.htm

Important Conditions Relating to an OIEL

Exports are not permitted under an OIEL where the exporter has been informed by the authorities, or is otherwise aware or suspects, that the items concerned may be intended to be used, in their entirety or in part, in connection with chemical, biological or nuclear weapons or other nuclear explosive devices, or missiles capable of delivering such weapons.

Exports of dual-use items are not permitted under an OIEL if they are intended for military end use as under Article 4(2) and (3) of Council Regulation  (EC) 1334/2000 (as amended) (see separate guidance on this matter http://www.dti.gov.uk/export.control/publications/guidancemilenduse.pdf

If a licence is granted you will be required to secure a written undertaking from each consignee to whom you export that the items are not intended for re-export to a destination which is not listed as permitted on the licence.

If a licence is granted for military items, you will be required to maintain records of documents concerning shipments under the OIEL for four years.  For dual-use items you will be required to maintain similar records for at least three years from the end of the calendar year in which the transfer took place.  In either case you must make them available for inspection by Department of Trade and Industry officials as required.

If a temporary export licence is granted (e.g. for demonstration or exhibition purposes),   you must return to the UK any goods exported under it within 12 months of their date of export.  Monitoring arrangements are in place to verify compliance. If necessary, you may apply in writing (letter/fax) to have this period extended.

You must not dispose of any items exported under a temporary licence while they are abroad.  You may, however apply for a licence to permit permanent export of the items.  All applications must be made in writing (letters/faxes) and must provide an explanation for the request.

ECO Helpline 020 7215 8070; fax 020 7215 0531 (formerly 0558) or email eco.help@dti.gsi.gov.uk

June 2004