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Today, the Export Control Joint Unit have issued NTE 2025/26 in relation to an update on the Open General Export Licence (AUKUS Nations). AUKUS is a trilateral defence partnership between Australia, the United Kingdom and the United States, announced in September 2021.
This latest update refers to NTE2024/18, dated August 16, 2024, which provided details on the publication of the OGEL for AUKUS Nations, along with guidance notes and an update on the agreement.
When using OGELs, it’s important to review the Terms and Conditions to check compliance responsibilities and review any updates made to the licence. NTE2025/26 confirms that the existing AUKUS Nations OGEL has been revoked, and an updated version has been uploaded, which is included here for reference.
The latest version of the OGEL updates text on the Authorised User Community, Clarification on the F680 Requirements and a revision on items not permitted by the licence.
An Exporter must be on the Authorised User Community list to use the OGEL. Additionally, the export, transfer, supply or delivery of controlled goods under the OGEL can only be made to entities within the Authorised User Community. The OGEL confirms that “A person within 'Authorised User Community' means an eligible member who has undergone an authorised user enrolment process, in coordination with the Department’s Directorate of Defence Trade Controls (DDTC), and who is listed as a person in the Authorised User Community”.
The OGEL states that “US and Australian persons within the AUC operating in the UK but who are ordinarily domiciled outside the UK are permitted to register for and use this licence, but only for intangible technology transfers”
In relation to the F680 Procedure, the updated OGEL states, “For any Australian or US persons operating in the UK but who are ordinarily domiciled outside the UK using this OGL for intangible technology transfers, there is no requirement for them to obtain further F680 approvals. Note: The UK contractor should have already obtained any necessary F680 approval to release this technology to the Australian or US recipients in the UK. Note: The UK contractor should have already obtained any necessary F680 approval to release this technology to the Australian or US recipients in the UK.”
Further details can be found in the updated AUKUS National OGEL Guidance Notes
In relation to the revision on Items not permitted by the AUKUS Nations OGEL, the updated licence provides three criteria in the “Goods, technology and software that can be exported or transferred under this licence” section on Page 2, which must be reviewed in conjunction with Schedule 1 and Schedule 2, which begins on Page 7.
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