101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 116 Business: Exporting: Controlled Goods Purpose Th e Export Control Joint Unit ( ECJU) is responsible for the UK’s system of export controls on military items, dual-use items (items with both civil and military uses), civilian firearms, and items usable for torture. These items are regulated through a system of export licensing. The export of many controlled items within the EU does not require a licence. If the UK leaves the EU without a deal, licences would be required for export of these items from the UK to EU countries. Before March 2019 Military items You currently need a licence to export items on the UK Military List to any destination, including EU countries. Controls on military items (goods and technology) are currently implemented by UK law (Export Control Act 2002, Export Control Order 2008). Firearms You need a licence to export firearms from the UK, except if you are an individual with a European Firearms Pass taking personal firearms from one EU member state to another. This is outlined under Council Directive 91/477/EEC. The export of firearms to countries outside the EU is regulated by Council Regulation 258/2012. The Export Control Order 2008 also contains an exemption for the temporary export of firearms as personal effects from the UK to countries outside the EU. Dual-use items Other than for a small number of sensitive items, no licence is required to move dual-use items between the UK and other EU countries. These sensitive items are listed in Annex IV of the dual-use regulation, Council Regulation 428/2009. Dual-use items are items which can be used for both civil and military applications. They are:  goods  software  technology  documents  diagrams Dual-use items include:  raw materials – for example, chemicals  components – for example, bearings  complete systems – for example, lasers Dual-use items could also be items used in the production or development of military goods, such as machine tools, civil nuclear equipment, chemical manufacturing equipment or computers. Goods usable for torture or capital punishment You should be aware of strict controls on the export of goods which could be used for the following:  capital punishment  torture  other cruel, inhuman or degrading treatment or punishment. These controls are implemented in the UK through Council Regulation 1236/2015. The UK was instrumental in achieving agreement in the EU on these controls and remains firmly committed to their implementation. There are only limited circumstances in which trading this type of good is legitimate. The regulation therefore prohibits the export of these items outside the EU without a licence. You cannot export goods which have no practical use other than torture (Annex II items), except if they are destined for museum display.