101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 117 After March 2019 In the unlikely event the UK were to leave the EU in March 2019 without a deal, find out how this would affect you. EU regulations Current regulations would continue to apply in the same way as they do now, except that they would apply to exports from the UK rather than to exports from the EU Customs Territory. EU regulations on the export of civilian firearms, dual-use items and goods that may be used for torture or capital punishment would become UK regulations as retained EU law under the EU (Withdrawal) Act 2018. Military items There would be no changes to controls on the export of military items from the UK other than minor legislative fixes, as EU regulations do not apply in this area. Firearms The European Firearms Pass would no longer be available for UK persons taking their personal firearms to the EU. The exemption that currently applies to the temporary export of firearms as personal effects to the rest of the world would be extended to exports to the EU. If you were seeking to take firearms as personal effects to an EU country, you would need to ensure that the destination country would also permit the re-export of the firearm. Dealers and other exporters of firearms would need to continue to apply for licences as they do now. Dual-use items The overall framework of controls of dual-use exports would not change, but there would be changes to some licensing requirements:  The movement of dual-use items from the UK to the EU would require an export licence. This is not currently the case and these movements would, therefore, need to be licensed in the same way as for non-EU destinations.  Extant export licences issued in the UK would no longer be valid for exporting dual-use items from EU member states. A new licence, issued by an EU member state, would be required.  Extant export licences issued by the 27 EU countries would no longer be valid for exporting dual-use items from the UK. A new licence, issued by the UK, would be required. If you are exporting civil nuclear material, you should refer to these BEIS technical notices to see what other conditions would apply besides export controls:  Civil nuclear regulation if there’s no Brexit deal  Nuclear research if there’s no Brexit deal Goods usable for torture or capital punishment The overall framework of controls on these goods would not change, except that exports to EU countries would be treated in the same way as exports to non-EU destinations are treated now. This entails the following changes: the export of items in Annex II to Council Regulation 2016/2134 to EU member states would be prohibited. 2) providing brokering, training or advertising services relating to items in Annex II to Regulation 2016/2134 to any person or entity in an EU member state would be prohibited. 3) licences would be required to export to EU member states the items in Annexes III & IIIA to Regulation 2016/2134. Implications Exporters to EU countries should check whether the items they export may be subject to control . Check if you need an export licence . To understand what controls would apply, licensing provisions in current legislation for a “third country” (a non-EU country) can be taken as a guide to the licensing provisions for exports to EU countries in the case of a ‘no deal’ scenario. Obtaining a licence The ECJU provides information on controls and licensing. In addition to currently available licences, most exporters of dual-use items would be able to register to use an Open General Export Licence designed specifically for exports to EU countries. This licence would remove the need for you to apply for individual licences and could be used immediately following a straightforward registration process. In a ‘no deal’ scenario, the ECJU would publish the new Open General Export Licence in advance of the UK leaving the EU, along with further information on how to register to use it. Exporters requiring individual licences would also be able to apply for these licences in advance of the exit date. Further guidance on this would be issued in advance of the UK leaving the EU. If you are exporting controlled items, then you should plan to put in place internal processes to ensure compliance. You should guidance from the ECJU about how to apply for a licence.