Government updates 60 Open General Export Licences ahead of transition period’s end

Businesses exporting controlled goods need to be aware of changes to licensing requirements resulting from the end of the transition period at 11pm on Thursday 31 December 2020, a leading expert has warned.

Export licences are required for the movement of many goods internationally, including military products or items which have a possible ‘dual-use’ – ie those that can be used for both a military and non-military purpose.

Roger Arthey, chair of the IOE&IT’s Export Control Profession, has warned that businesses moving such goods should review the licences they currently hold to ensure compliance with post-transition licensing requirements.

Legislative changes

The Export Control Joint Unit (ECJU) of the UK’s Department for International Business has updated 60 Open General Export Licences (OGELs) as a result of changes to legislation that will come in to force at 11pm on 31 December 2020.

“To avoid the risk of criminal sanctions, users of any of the 60 OGELs updated by the ECJU should review these updates and ensure compliance when exporting goods, technology or software after the end of the year,” Arthey said.

Dual-use control list

The changes are highlighted in the ECJU’s 2020/21 Notice to Exporters (NTE) published on 23 December 2020.

In addition, nine of the revised OGELs have been affected by updates to the EU’s dual-use export control list (Annex I to Regulation (EC) No 428/2009). This update was set out in the ECJU’s 2020/20 NTE.

All the revised open general licences are listed in the NTE 2020/21 and published in draft on gov.uk.  Revoked versions of some licences are available on the National Archives website.

Carry over

The NTE confirms that if you have already registered for earlier versions of these licences, your registration will carry over to the amended versions.

However, as some updates may affect which items you may export, the destinations authorised and/or the conditions under which exports are made, so careful analysis is required.

Updated licences

The updated licences are OGEL…

  • export of dual-use items to EU member states
  • PCBs and components for dual-use items – from June 2019
  • PCBs and components for dual-use items
  • export after exhibition dual-use items
  • export after repair replacement under warranty dual -use items
  • export after repair replacement under warranty dual-use Items – from June 2019
  • chemicals – from December 2019
  • chemicals
  • cryptographic development
  • cryptographic development – from December 2019
  • export for repair/replacement under warranty dual-use items
  • export for repair/replacement under warranty dual-use Items – from December 2019
  • information security items
  • information security items – from December 2019
  • low value shipments
  • low value shipments – from December 2019
  • oil and gas exploration dual-use items
  • oil and gas exploration dual-use items – from December 2019
  • technology for dual-use items
  • technology for dual-use items – from June 2019
  • access overseas to software and technology for military goods individual use only
  • access overseas to software and technology for military goods individual use only – from December 2019
  • export after repair/replacement under warranty military goods
  • export after repair/replacement under warranty military goods – from June 2019
  • exports or transfers in support of UK government defence contracts
  • exports or transfers in support of UK government defence contracts – from June 2019
  • technology for military goods
  • technology for military goods – from June 2019
  • military surplus vehicles
  • military surplus vehicles – from December 2019
  • exports under the US UK defence trade cooperation Treaty
  • vintage aircraft
  • military goods A400M collaborative programme
  • military goods A400M collaborative programme – from February 2020
  • export for exhibition military goods
  • export for exhibition military goods – from December 2019
  • military components
  • military goods for demonstration
  • military goods for demonstration – from December 2019
  • PCBs and components for military goods
  • PCBs and components for military goods – from June 2019
  • export after exhibition or demonstration military goods
  • exports of non-lethal military and dual-use goods to UK diplomatic missions or consular Posts
  • exports in support of Turkish Aerospace Industries (TAI) TF X Programme
  • exports in support of Joint Strike Fighter (F 35 Lightning II)
  • military goods collaborative project Typhoon – from June 2019
  • military goods collaborative project Typhoon
  • military goods software and technology government or NATO end-use
  • military goods software and technology
  • certified companies
  • Open general transhipment licence
  • Open general transhipment licence postal packets
  • Open general trade control licence trade and transportation small arms and light weapons
  • Open general trade control licence trade and transportation small arms and light weapons – from December 2019
  • Open general trade control licence category C goods
  • Open general trade control licence category C goods – from November 2019
  • Open general trade control licence maritime anti-piracy
  • Open general licence (Iraq)
  • OGEL X
  • OGEL X – from December 2019

The OGEL licences which have been further revised following the changes to the EU dual-use export control list in Annex I to Regulation (EC) No 428/2009 are for:

  • chemicals – from December 2019
  • chemicals
  • cryptographic development
  • cryptographic development – from December 2019
  • export after exhibition dual-use items
  • export after repair/replacement under warranty dual-use items
  • export after repair replacement under warranty dual-use items – from June 2019
  • export for repair/replacement under warranty dual-use items
  • export for repair/replacement under warranty dual-use items – from December 2019