Notice to exporters 2022/29: Revised licence undertakings and notice of expiry of previous undertaking templates

BY:

Bernard O'Connor
29 November 2022

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The Export Control Joint Unit (ECJU) has revised its four export licence undertakings templates. This is an important announcement because the existing templates that are currently in use, will no longer be accepted by the ECJU.

The following are the sections that have been revised slightly, to incorporate the word ‘UK’:

  • paragraph 4 on end user undertakings (EUU),
  • paragraph 3 on stockist undertakings (SU).
  • section (iii) of the open individual export licence (OIEL) undertaking
  • section (V) of the military goods open general export licence (OGEL) undertaking


The revised wording is: ‘the goods will not be re-exported or otherwise re-sold or transferred to a destination subject to UN, EU, UK, or OSCE embargo where that act would be in breach of the terms of that embargo.’

The revised undertaking templates are available online here:


End-User Undertaking (EUU) form - SIEL and SITCL Applications

Stockist Undertaking (SU) form - SIEL and SITCL Applications

Open Individual Export Licence (OIEL) Undertaking Template

OGEL - Military Goods, Software and Technology Undertaking Template


Previous versions of the undertakings will only be valid if signed and dated on or before the 31 December 2022. These can then be used up to their date of expiry, which is 6 months for end user and stockist undertakings to support a licence application, and 12 months for OIEL and OGEL undertakings to comply with open licence conditions.

Exporters will be required to use undertakings in the new format if signed after the 31 December 2022.

The full Notice can be accessed here:

 

NTE 2022/29: Revised licence undertakings and notice of expiry of previous undertaking templates - GOV.UK (www.gov.uk)

 

While you are here you may be interested in some Strong & Herd LLP training courses & live clinics related to this topic:


Beginners Guide to Export Licensing Controls

The UK Export Licensing System

Applying for and Using UK Export Licences

Focus On: Controlling Intangible Transfers

Focus On: Embargoes, Sanctions and End-Use Controls

Focus On: Dual Use Export Compliance - The Dual-Use Exporter

Focus On: Preparing for an Export Control Audit

Trading With The USA: An Introduction to Defence Exports



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