The new regulations

The Export Control (Amendment) (EU Exit) Regulations 2022 came into force on 7 December 2022.

The regulation implements changes made when the European Union recast Council Regulation (EC) No 428/2009 to create Regulation (EU) 2021/821 setting up a union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (“the EU Dual-Use Regulation”).

The EU Dual-Use Regulation has applied to and in the UK in respect of Northern Ireland since 9 September 2021 by virtue of the Protocol on Ireland/Northern Ireland in the UK-EU Withdrawal Agreement (“the Protocol”).

The new regulations make changes to the Export Control Order 2008 to ensure that the EU Dual-Use Regulation operates effectively. This includes technical updates to the provisions on licensing, record-keeping, offences and customs enforcement in Northern Ireland in accordance with the requirements of the Protocol.

The regulations also amend the retained Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a community regime for the control of exports, transfer, brokering and transit of dual-use items.

The regulations reinstate the Secretary of State’s power to refuse to grant, annul, suspend, modify or revoke a brokering services authorisation, which had been removed in error during the legislative changes made during the UK’s withdrawal from the EU. They also remove the Russian Federation as a permitted destination from the Retained General Export Authorisations.