Export Licensing Controls update

Posted on: 01/06/2012

A number of significant changes in UK/EU export licensing controls have come into place.  These include: new OGEL for moving goods under the new US-EU Defence Trade Treaty, and updated Iran Sanctions Order and a reissue of the EU Export Control Lists

1. New EU dual-use Export Controls: On 15thJune 2012 the European Union will publish a new Dual-Use control list.  The new Regulation, which amends the existing EU Dual-Use Regulation (Council Regulation 428/2009), will come into force in the EU 30 days after publication.  This legislation amends Annex I of the EU Dual-Use Regulation (also referred to as the EU Dual-Use List) and is directly applicable across all EU Member States (including the UK) and anyone trading in dual-use (high tech) material, products or technology must check the new regulations.  Some goods will cease to be controlled some new items have been added.  A summary of the changes can be found HERE or you can view the EU’s Comprehensive Change Notehere.

This new legislation is: Regulation (EU) No 388/2012 of the European Parliament and of the Council of 19 April 2012 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.   Also be aware that UK Open General Export Licences applicable to dual-use shipments will be amended.

 These changes will be adopted by all members of the Wassenaar Arrangement (ie EU, USA, Canada, Switzerland, Australia, New Zealand, Norway, Japan) and though the EU export regulations will not come into force until 30 DAYS AFTER it is posted in the EU Journal the USA announced that the changes that appear in the Federal Register become law immediately.


2. New ECO Order on Iran Sanctions: On the 1st June 2012 the Export Control Organisation (ECO) new legislative Order covering the Sanctions currently in place on Iran comes into force. The Export Control (Iran Sanctions) Order 2012(SI 2012/1243) provides for offences and penalties in relation to certain restrictive measures against Iran imposed by EU by Council Regulation (EU) 264/2012 and also Council Regulation (EU) 267/2012 (which amends Regulation (EU) 359/2011). It revokes the previous Export Control (Iran) Order 2011 (SI 2011/1297. The new order is published on the Government’s legislative database http://www.legislation.gov.ukor you can use the link earlier in this update. 


3. New EU/USA Defence Treaty OGEL:  A new Open General Export Control Licence (or OGEL) covering licensable exports under the US-UK Defence Trade Co-operation Treaty (DTCT) was issued by the Export Control Organisation (ECO) of BIS in May 2012.   The Treaty formally came into force in both countries on 13 April 2012.  The OGEL permits the export or transfer of specified military goods or technology under the DTCT from the UK to the US.  Only members of the ‘Approved Community’ can use this OGEL and the ultimate end-user of the goods or technology must be the US Government or UK Government.  If you are not already on the ‘Approved Community’ list but are interested in using this OGEL contact the ECO.  You can use the links below for more information:

New OGEL link

Applying to join the “Approved Community”

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