The evident and pertinent question to ask is, which items are subject to export control regulations? 

In the UK, the go-to place to find the answer is the UK Strategic Export Control List, which provides a list of strategic military and dual-use items that require export authorisation from the Government of the United Kingdom - UK Strategic Export Control List. Essentially, the list is broken down into various sections covering: 

• UK Military List 
• UK Dual-Use List 
• Non-Military Firearms List 
• Human Rights List   
• UK Security and Human Rights List 
• UK Radioactive Source List 

The focus of this article is the Military and Dual-Use Lists, which cover the majority of controlled items exported from the UK. The aim is to flag controlled items and identify the applicable control classification (e.g., Military List or Dual-Use category) 

Let us begin with military items and ask: What is a military item? 

A military item is an item that has been specifically designed for military purposes. Simple examples would include firearms, tanks, bombs, and submarines. In addition, a commercial item that has been changed, adapted, or reconfigured for a military purpose will also be classed as a military item. For example, a commercial vehicle that has been fitted out with a military specification tyre inflation system. All goods classed as military will need an export licence when exported from the UK. You must apply for a licence from the Export Control Joint Unit (ECJU), Export Control Joint Unit - GOV.UK. If your items are on the consolidated control list, or if you have concerns about the intended end-use or the end-user.  Applications for export licences should be made via the ECJU’s online export licencing system called SPIRE (Strategic Proprietary Information and Records Environment), which is soon to be entirely replaced by a new system called LITE (Licensing for International Trade and Enterprise.) Currently, only Single Individual Export Licences – SIELs – can be applied for via the LITE system. LITE and Best Practice. 

Dual-Use items are goods designed for civilian use but can also be used in a military environment and the production of chemical, and biological weapons. An example of a dual-use item is a pump made of ‘exotic’ materials that can withstand very high temperatures, which potentially could be used to produce chemical/biological weapons. 

Dual-Use is based on the technical capability of an item - this means that the technical capability of the item must be known to enable the detail to be compared against the Dual- Use List. 

It is essential to note that the government has the authority to require an export licence for items, even if they are not listed on the UK Strategic Export Control List. These are generally referred to as ‘catch-all’ or ‘end-use’ controls. Goods having the capability of being used in the manufacture, development, use, or testing, etc, of weapons of mass destruction (WMD), are subject to control, whether or not they are classed as Military or Dual-Use. This makes obtaining end-use information and checking the validity of the overseas party critical. Note also that some countries are subject to international sanctions which seek to prevent the export of many items, not just Military and Dual-Use items. Russia is one such country that is subject to extensive sanctions from the UK/EU, and the US.   

Export controls are not limited to tangible items. Intangibles such as technology (including information contained in software) linked to Military and Dual-Use items are also subject to government authorisation. Examples of technology include technical data (blueprints, drawings, etc) that are capable of use in connection with the development and production of weapons of mass destruction (WMD). Electronic transfers, such as Email, fax, and video conference, can also be subject to export controls if they contain information related to the development or production of strategic goods (Dual-Use/Military).   

What measures should a business take to avoid contravening export control laws? 

It is highly recommended that businesses conduct due diligence on their existing processes and procedures, that should include a review of your product range to determine product jurisdiction (Military, Dual-Use or Commercial) and also a review of your customer base by utilising a reputable ‘Screening Tool’ to ensure none of your customers are on a sanctions list.  Staff training for all segments of the business, supplemented by senior management support, is a key element of due diligence that helps spread awareness of export controls throughout the company.