1. In Notice to Exporters 2013/11 on this topic (21 March), we informed you of the actions being put in place to meet government transparency requirements on usage of Open Licences. We also advised that changes to SPIRE, to enable you to provide us with the required information, would be delivered in April.

2. Feedback from user testing with a small industry group has shown us that it is necessary to reduce the number of steps required to complete the data return in order to minimise the burden on exporters. As a result further development time has been necessary and we are now working towards rolling out the reporting system in July. Exporters would then have a three-month period in which to prepare to meet the new requirements. Thereafter, as previously advised, all users of Open Individual Export Licences (OIELs), Open Individual Trade Control Licences (OITCLs), Open General Trade Control Licences (OGTCLs) and Open General Export Licences (OGELs) (with some exceptions) must make quarterly reports regarding their actual usage of these licences.

3. Subject to confirmation in a further Notice to Exporters this means we envisage exporters reporting on usage from October 2013. A number of Open General Licences will be excluded from this requirement (see list below) and exporters will not be required to report on exports of ‘technology’ (in this context ‘technology’ means information, including but not limited to information comprised in software and documents such as blueprints, manuals, diagrams and designs, that is capable of use in connection with the development, production or use of any goods).

4. Work continues on making the necessary changes to SPIRE, and to the Reports and Statistics website. In preparing guidance for exporters, we very much appreciate all the constructive feedback provided by the user testing group. We will carry out further user testing once the current phase of work is complete.

Other changes

5. As previously advised, we will shortly be updating the declaration on the Standard Individual Export Licence (SIEL) application form to make it clear that information provided on export licence applications is subject to the terms and conditions of the Freedom of Information Act 2000 (FoIA). Companies will be able to tick a box if they feel that disclosing such information (in full or in part) would be harmful for their interests, but on the understanding that it is the responsibility of the Export Control Organisation (as the public body with a Statutory duty to comply with the Act) to take the final decision based on the 2000 Act of Parliament.

6. Any requests for information will be considered on a case-by-case basis in line with the FoIA. The Act provides a general right of access to information subject to exemptions and qualifications and, whilst any person or body can request information from a public body under it, the FoIA contains 23 exemptions to the right of access, some of which are ‘absolute’ and some of which are ‘qualified’. Where an exemption is ‘qualified’, public bodies are required to consider whether it is in the public interest to withhold or release the information requested. The exemptions provide a balance between the right to access in the public interest and the right to protection of legal and commercial interests (amongst other considerations) in line with the delivery of effective government.

7. For more advice on the FoIA and how public bodies assess requests they receive, please refer to guidance published by the Information Commissioner’s Office (ICO). More guidance, including detailed information about the exemptions, is available on the Freedom of Information pages on the ICO’s website. You might also find the BIS Freedom of Information pages on the GOV.UK website helpful. These include details about what information has been released by BIS in response to previous requests made under the FoIA. However, please note that information about responses is only included on the website where the information is of wider public interest.

OGLs excluded from transparency reporting

8. As referred to in paragraph 3 above, a number of Open General Licences will not be subject to the new reporting requirements. These are:

Dual-Use Open General Export Licences

(Dual use items are goods and technology with both military and civilian applications.)

• OGEL (Export after exhibition: dual-use items)                        
• OGEL (Military and dual-use goods: UK forces deployed in embargoed destinations)          
• OGEL (Military and dual-use goods: UK forces deployed in non-embargoed destinations)
• OGEL (Exports of non-lethal military and dual-use goods: to UK diplomatic missions or consular posts)

Military Goods Open General Export Licences

(Permit for the export of less-restricted controlled military goods.)

• OGEL (Access overseas to software and technology for military goods: Individual Use Only)
• OGEL (Export after exhibition or demonstration: Military Goods)           
• OGEL (Historic Military Vehicles and Artillery Pieces)                             
• OGEL (Exports of non-lethal military and dual-use goods: To UK Diplomatic Missions or Consular Posts)                                                                                                             
• OGEL (Military and dual-use goods: UK forces deployed in embargoed destinations)          
• OGEL (Military and dual-use goods: UK forces deployed in non-embargoed destinations)

Open General Trade Control Licences

(Known as OGTCLs. They control the trafficking and brokering activity between one third country and another where the transaction or deal is brokered in the UK or by a UK person.)

• OGTCL (Insurance or Re-Insurance)

Other types of Open General Export Licences

(Include those that do not fit neatly into other categories, including the Radioactive Sources OGEL, the Sporting Goods OGEL, the OGEL [Iraq] and the OGEL [Government of Sierra Leone].)

• OGEL (Accompanied personal effects: sporting firearms)
• OGEL (Government of Sierra Leone)
• OGEL (Iraq)
• OGEL (Radioactive sources)
• OGEL (Objects of cultural goods)

More information

9. We are committed to keeping exporters informed on the progress of the Transparency Initiative.  For previous announcements on this topic please see the following:

NTE: 2013/11: Implementation of Transparency in strategic export licensing

Transparency in export licensing – discussion paper

Transparency in export licensing – response

Written Ministerial Statement on Strategic Export Licensing

Export Controls: Transparency in Export Licensing

Contact details

For further information about strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London
SW1H 0ET

Tel: 020 7215 4594
Fax: 020 7215 2635

E-mail: eco.help@bis.gsi.gov.uk

 More information on export controls is available on the ECO pages of the GOV.UK website, also the SPIRE Export Licensing Database.

As part of the move to GOV. UK, all previous Notices to Exporters have been filed at the National Archives.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

The Export Control (Amendment) Order 2013 (S.I. 2013 No.428) 

This amending Order came into force on 20 March 2013.  

2. This amending Order makes a number of changes to Schedule 2 to the main Order which lists military goods, software and technology that are subject to export controls. These changes reflect an update to the Common Military List of the Union that in turn has been amended to take account of control list changes agreed in the international export control regime known as the Wassenaar Arrangement.

The ECO has taken the opportunity to consolidate Schedule 2 to reflect earlier amendments made to the list of controls.

3. The changes can be found in the following control entries:

ML2.c.
ML3.b.
ML6.b.1,2.& Note 3
ML7.i.2.c
ML8.a.33.& 34
ML8c.5. Note 2 & 3
ML8.f.3.
ML10 & Note
ML10a.& b.
ML10.d.& e.
ML10.f. & Technical Note
ML10.i.
ML13
ML13a. N.B.
ML13.c.
ML13.d.,1.& 2.
ML17.e.
ML21.a.

 New definitions:

“explosive signatures”

“Unmanned Aerial Vehicle”

What does this mean for exporters? ACTIONS TO TAKE

4. Everyone involved in the export of military goods, software and technology will need to ensure that they take account of these revised control entries when making export licence applications. See the UK Military List of Items that Require Export Authorisation  and the the Consolidated List of Strategic Military and Dual-use Items on the GOV.UK website, which have been updated to reflect the changes made as a result of this Statutory Instrument.

5. Those exporting historic vehicles will wish to consider the scope of the new decontrol set out in Note 3 under the ML6.b.1,2 entry. This relaxation expands on the scope of the decontrol on historic vehicles that was introduced in the Export Control (Amendment) (No.2) Order 2012 (S.I. 2012 No 1910) – Article 14A – that came into force on 10 August 2012. Similarly, exporters of historic aircraft will wish to see the new decontrol in the Note under ML10. The changes to the scope of the control for body armour or protective garments and components (ML13.d., 1. & 2.) should also be considered carefully by those involved in the export of these items.   

Contact details

For further details of strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635

E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website.

SPIRE (Export Licensing Database).

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

2. To reflect the changes in this licence, a new undertaking template has been issued. View: Open General Export Licence (Military Goods, Software and Technology) undertaking template.

 What does this mean for OGEL holders? ACTIONS TO TAKE

 3. If you already have an original undertaking in place, you may continue to use this for a period of twelve months from the date the undertaking was signed. This is permitted as long as no other circumstances change, such as:

• the details of the person (consignee) receiving the goods, software or technology
• the destination of the goods, software or technology is not an embargoed destination.

4. If you do not have an original undertaking in place, you should meet the deadline of 31 March 2013, as set in Notice to Exporters 2013/01 on 23 January 2013.

5. The undertaking template is only an example of what the ECO would expect to see in such a document. Companies may create their own undertakings as long as they address the key areas, including the statement agreeing to ‘permitted use’.

Contact details

For further details of strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635
E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website.

SPIRE (Export Licensing Database).

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

2. Following an accessibility audit of the SPIRE and searchable database websites, the Department for Business, Innovation and Skills (BIS) is also carrying out enhancements to improve still further their accessibility as part of the long-term plan to make them compliant with the gold standard of website accessibility, which aims to ensure that all people, with or without disabilities, can access online content easily.

3. We intend to have completed the changes to SPIRE during April. This is when exporters will be able to begin uploading data. In line with our normal practice, we will publish the data three months after the end of the quarter to which it relates – the first publication of this new data will, therefore, be in October.

4. We are updating the declaration on the Standard Individual Export Licence (SIEL) application form, so that any information provided in an application may be made public under the Freedom of Information Act (FoIA) 2000.

5. Companies will be able to tick a box if they feel disclosing such information would be harmful to their interests, but will be asked to provide a full explanation. ECO will take their views into account, but cannot guarantee that the information will not be disclosed in compliance with FoIA, if it is subject to a related request.

6. Further detailed guidance will be published in the next two weeks, and will be made available as a Notice to Exporters, as well as being published on SPIRE and export control pages on the GOV.UK website. The Export Group for Aerospace & Defence (EGAD) will also be providing information updates.

7. ECO has previously advised exporters about progress towards the Secretary of  State’s Transparency Initiative. See the following:

Transparency in export licensing – discussion paper

Transparency in export licensing – response

Written Ministerial Statement on Strategic Export Licensing

Export Controls: Transparency in Export Licensing

Contact details

For further details of strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635
E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website.

SPIRE (Export Licensing Database).

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

2. This Order replaces Schedule 2 to the Export Control Order 2008, which lists military goods, software and technology that are subject to export controls. The Schedule has been amended in line with updates agreed during 2011 in the international export control regime known as the Wassenaar Arrangement and also consolidates previous amendments to Schedule 2. 

3. Exporters should examine the new Schedule carefully to check whether any of their goods, software or technology are affected by changes to definitions and control list entries.

4. Read the order.

5. We will provide more information in due course.

Contact details

For further details of strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635
E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website.

SPIRE (Export Licensing Database).

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

2. The purpose of this review has been to ensure that the guidance is fully consistent with the provisions in article 27 of the Export Control Order 2008 (“the 2008 Order”), which sets out the rules as to who is to be authorised by a UK licence to export goods.

3. Notice to Exporters 2011/21, issued in September 2011, explained that freight forwarders and other intermediary agents are not allowed to apply and be issued export licences in their own name where the owner of the goods is established within the European Union (EU).

4. However, Notice to Exporters 2011/21 did not make clear that article 27 of the 2008 Order only applies where the goods are being exported from the UK to a destination outside the customs territory of the EU.  For exports to a destination within the customs territory the ECO may exercise some discretion in permitting a person who is not the owner of the goods to be the licence holder (the “licensee”).

Article 27 of the Export Control Order 2008 – exports to destinations outside the customs territory of the EU

5. The 2008 Order is the UK’s main piece of legislation dealing with controls on military items and other items subject to national export controls (and the responsibilities of companies). Article 27 of the 2008 Order sets out the rules (in hierarchical order) on the person to be authorised by UK licence to export goods to a destination outside the customs territory of the EU. It provides that: 

• If the owner of the goods or a person having a similar right of disposal is established within the EU, the licensee must be the owner or person with rights of disposal over the goods.
  
• If the owner of the goods or a person having a similar right of disposal is established outside the EU, the licensee should be the seller of the goods.  However, where both buyer and seller are based outside the EU the licensee may be another person – such as a freight forwarder or other agent – who is party to one or more contracts which enable or facilitate the goods to be transferred to the owner outside the EU.
  

6. Where the owner or the seller is established within the EU an agent (such as a freight forwarder) may complete and submit the licence application (or registration for Open General Export Licence) on SPIRE on behalf of the licensee. The licence application must make it clear that the export licence is for the owner or seller and should be issued in the owner/seller’s name (not the name of the freight forwarder/agent).

7. View Article 27 of the Export Control Order 2008 -  Exports to destinations within the customs territory of the EU.

8. As noted above, article 27 of the 2008 Order does not apply where the export is to a destination within the customs territory of the EU. In such cases the ECO expects the licensee to be one of the following: 

• If the owner of the goods or a person having a similar right of disposal is established within the UK, the licensee should be the owner or person with rights of disposal over the goods.
  
• If the owner of the goods or a person having a similar right of disposal is established outside the UK, the licensee should be the UK-based seller of the goods.
  
• Where neither the owner nor the seller are based in the UK the licensee may be a UK-based agent – such as a freight forwarder or auction house – who is party to one or more contracts which enable or facilitate the goods to be transferred from the UK to a destination within the EU.

9. In certain circumstances we recognise that it would be expedient to permit a UK-based agent to be the licensee even where the owner or seller is based in the UK. Such circumstances may include where an agent routinely acts on behalf of a number of individual clients and the use of an Open Individual or Open General licence held by the agent is more efficient than each client applying for a Standard Individual licence in their own name. In such cases the licence application (or registration for Open General Licence) must be accompanied by a justification setting out why it is appropriate for the agent to act as licensee. The ECO is under no obligation to accept any such request and may insist on the owner/seller being the licensee. 

What this means for freight forwarders and exporters in practice

10. In practical terms, this means that:

For exports to destinations outside the customs territory of the EU
Article 27 of the 2008 Order, and the rules and procedures set out in Notice to Exporters 2011/21 and Notice to Exporters 2011/23, continue to apply where the export is to a destination outside the customs territory of the EU.

For exports to destinations within the customs territory of the EU
Where the goods are exported to a destination within the customs territory of the EU the licensee will ordinarily be the UK-based owner or seller of the goods.  However, where an agent wishes to be the licensee they should apply for an Open Individual licence or register for an Open General licence on SPIRE in their own name and include a justification setting out why it is appropriate for them to do so.  The justification may be made in the body of the application itself or may be in the form of a letter and uploaded to SPIRE as a supporting document.

By acting as licensee in this way the agent accepts full responsibility for compliance with export controls including with the terms and conditions of the licence.

Contact details

For further details of strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635
E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website.

SPIRE (Export Licensing Database)

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

Open General Export Licence (International Non-Proliferation Regime Decontrols: Dual-Use Items)

And published the following licence:

Open General Export Licence (International Non-Proliferation Regime Decontrols: Military Items)

2. OGEL (International Non-Proliferation Regime Decontrols: Dual-Use Items) has been amended in line with Wassenaar updates agreed in 2012.

3. OGEL (International Non-Proliferation Regime Decontrols: Military Items) has also been created to reflect Wassenaar updates agreed in 2012. Amendments include the addition of certain items which have been added to Schedule 1 of the licence:

4. The Export Control Order 2008 (“the Order”) contains certain registration and record keeping requirements which apply to persons using OGEL (International Non-Proliferation Regime Decontrols: Military Items).

5. Both licences came into effect on Friday 8 March 2013. Open General Export Licence (International Non-Proliferation Regime Decontrols: Dual-Use Items) revokes the licence of the same title which came into force on 15 June 2012.

6. All OGEL holders are reminded that they are subject to Compliance Audits to check on Open General Licence usage. These audits are conducted by the ECO’s Compliance Unit. Download guidance on complying with export controls, and read more on compliance checks and enforcement of export controls on strategic goods and technology.

7. Exporters wishing to register for this licence for the first time must first check all licence conditions. If all terms can be met, you can register for the licence via SPIRE.

8. Read an overview of Open General Export Licences.

Contact details

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635
E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website and SPIRE (Export Licensing Database).

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

As part of the Export Control Organisation’s ongoing Service Improvement Programme, a number of changes have been made to the SPIRE system that will enhance its effectiveness and streamline the process of making export licence applications for exporters. The changes went live on Tuesday 19 February 2013.

What will this mean for your organisation?

The changes will provide additional functionality for you as the user when using the SPIRE system:

NEW HINT ICONS

A hint icon will appear next to the Case Officer’s name for applications in the SPIRE user’s workbasket. When ‘hovered’ over, this will display the Licensing Unit Case Officer’s telephone number. For Control List Classification Enquiries, the Technical Assessment Unit (TAU) enquiry number will be displayed. For ‘End User Advice Enquiries’, the ECO helpline number will be displayed.

Within the ‘New Application’ screen in the SPIRE User’s workbasket, there is now a hint icon beside each SIEL and OIEL type radio button, which will clarify the circumstances in which they should be applied .

An Information hint showing the Licence Reception phone number has been added next to the recipient’s telephone and email fields on applications where the recipient is an individual.

EXPORTER CASE STATUS ENHANCEMENTS

For all licence application types, ‘ECO Processing’ status has been replaced with:

• ‘Receipt & Initial Checks’ to cover receipt in Licence Reception and preliminary checks.
• ‘Technical Assessment’ to cover any Technical Officer activity.
• ‘LU Processing’ to cover all Licensing Unit activity.
• The date of the latest case status change is displayed alongside the status in all cases.

These are major enhancements that will let you know exactly what is happening with your SPIRE application and the stage it has reached.

MANDATORY CHANGES

• The ‘Return Date’ question on temporary applications is now mandatory.
• SPIRE Users will no longer have the ability to choose ‘Named Individual for this application’ with regard to ‘relationship to the licensee’ if the proposed licensee is an ‘Organisation’. This will ensure that applications are submitted by the correct signatory.
• ‘United Kingdom’ and ‘Vessel or Platform in International Waters’ as a permitted destination has been restricted to specific application types.

EXTRA FACILIITES WITH LINKS TO KEY RESOURCES

• The ‘Help’ option in the User workbasket now includes a list of guidance documents.
• The ‘Supporting Documents’ screen within an individual application now contains a link to ‘End-User Undertaking (EUU)’ guidance.
• Exporters will have the option to enable case status notifications, which will send an email whenever their application status changes.
• Licensing Unit staff will now be able to convert, with the exporter’s agreement, a ‘temporary’ Standard Individual Export Licence (SIEL) application to a ‘permanent’ SIEL application without the exporter having to re-apply.

We will publish further information with appropriate screen shots to enable you to make best use of the upgrades – but in the meantime as these changes are now live – we hope this provides you with the background to why your SPIRE screen will look slightly different.

Please email Sue Bravery with any enquiries.

For further details of strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635
E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website along with an overview of the work of the Export Control Organisation.

SPIRE (Export Licensing Database)

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives. You can access them here.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

2. Please also be aware that goods, software or technology that have been classified by the MOD as restricted or above will now require MOD F680 or F1686. This is for the sake of consistency across all licences. Previously, this condition had to be met only if the goods, software and technology were classified as confidential or above.

3. There is no longer a requirement to confirm ‘permitted use’ where goods, software and technology are exported under direct contracts from Government or NATO. See section 6 (3).

Contact details

4. For further details of strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635
E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website along with an overview of the work of the Export Control Organisation.

SPIRE (Export Licensing Database)

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives. You can access them here.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.

2. Please also be aware that goods, software or technology that have been classified by the MOD as restricted or above will now require MOD F680 or F1686. This is for the sake of consistency across all licences. Previously, this condition had to be met only if the goods, software and technology were classified as confidential or above.

3. There is no longer a requirement to confirm ‘permitted use’ where goods, software and technology are exported under direct contracts from Government or NATO. See section 6 (3).

4. For clarity the licence also includes a condition for an original end user undertaking (EUU). Previously, this information was provided in the guidance issued with the Military Goods undertaking template.

Contact details

5. For further details of strategic export controls, please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Tel: 020 7215 4594
Fax: 020 7215 2635
E-mail: eco.help@bis.gsi.gov.uk

More information on export controls is available on the GOV.UK website along with an overview of the work of the Export Control Organisation.

SPIRE (Export Licensing Database)

As part of the move to GOV.UK, all previous Notices to Exporters have been filed at the National Archives. You can access them here.

This notice is for information only and has no force in law. If the information here applies to your business, we recommend you take appropriate action; including seeking legal advice if necessary.

We also advise you to keep a copy of this notice for your compliance records.