End-use controls applying to military related items
When military end-use export controls apply and to which destinations.
This guidance explains the operation of the legal provisions of the military end-use controls.
Military end-use controls
The purpose of end-use controls is to allow export controls to be imposed, on a case-by-case basis, to items which are not specified in the UK Strategic Export Control Lists. In practice, this means that even if the items which you intend to export do not usually require an export licence, you might still require one.
When military end-use controls apply
Military end-use controls can be applied in the following circumstances:
1. Where the purchasing country or country of destination is an embargoed destination (see below) and the exporter has been informed in writing by Export Control Joint Unit (ECJU), or is aware, that otherwise non-controlled items (goods, software and technology) are or may be intended:
- for incorporation into military items listed in Schedule 2 (the UK military list) to the Export Control Order 2008, as amended
- for use in production, test or analytical equipment and components, for the development, production or maintenance of military items listed in Schedule 2 (the UK military list)
- for use in any unfinished products in a plant for the production of military items listed in Schedule 2 (the UK military list)
2. Where the exporter has been informed, or is aware, that otherwise non-controlled items (goods, software and technology) are or may be intended for use as parts or components of military items listed in Schedule 2 (the UK military list) to the Export Control Order 2008 (as amended), when those military items were originally exported without authorisation or in violation of an authorisation granted by the Secretary of State.
3. Where the exporter has been informed that otherwise non-controlled items (goods, software, and technology) are or may be intended for use by a “relevant entity”, which means:
- any military forces, para-military forces, police forces, security services or government intelligence organisations of an embargoed destination
- any person or entity involved in the procurement, research, development, production or use of items on behalf of the entities above
This does not apply to:
- the export of medical goods, including medicines and medical devices for the benefit of the civilian population of a country
- the export of consumer goods generally available to the public
- the transfer of software or technology generally available to the public
This control will only be invoked, and a licence application refused, where it is assessed that the export would be capable of having a ‘relevant consequence’.
This is as set out in the Schedule to the Export Control Act 2002, and described as:
- a threat to the UK’s national security
- having an adverse effect on peace, security or stability
- an act threatening international peace and security
- an act contravening the international law of armed conflict
- an act of internal repression
- an act that breaches human rights
- an act of carrying out (or of acts which facilitate) acts of terrorism or serious crime
Embargoed destination
“Embargoed destination”, means a destination to which one or both of the following applies:
- it is subject to an arms embargo imposed by the United Nations or the Organisation for Security and Cooperation in Europe (OSCE)
- it is listed in Parts 1 or 2 of Schedule 4 to the Export Control Order 2008
As of April 2023, the embargoed destinations are:
- Armenia
- Azerbaijan
- Belarus
- Burma (Myanmar)
- Central African Republic
- China (including Hong Kong and Macao)
- Democratic Republic of the Congo
- Democratic People’s Republic of Korea
- Iran
- Iraq
- Lebanon
- Libya
- Russia
- Somalia
- South Sudan
- Sudan
- Venezuela
- Zimbabwe
What you must do when you are ‘informed’ of a licence requirement
Military end-use controls apply where the exporter has been ‘informed’ that an export requires a licence. This means you have been notified by ECJU that an export licence is required for a particular export.
You will always be ‘informed’ in writing and the letter will explicitly state that “an export licence is required for this particular export” because it is based on assessment of both the specific items being exported and a specific end-user.
The 2 common scenarios in which you will be informed are:
- having submitted an export licence application to ECJU, before you receive a final decision, you may receive an electronic letter via the licensing system advising you that a licence is required - this means that even if you withdraw the application, a licence is still required if you wish to later export the same items to the same end-user
- having presented goods for export, HMRC or Border Force detain the shipment for checks - if the detaining agency seek advice from ECJU, and we have concerns about the goods being used in, or by, an embargoed destination, you will receive a letter advising that an export licence is required – along with guidance on how to apply
It is a criminal offence to export items without a licence if you have been informed of the need for a licence by ECJU.
End-user Advisory Service
If you use the End-User Advisory Service available through SPIRE and we advise that an end user is of concern and recommend that a licence application is submitted, this is not being informed.
Apply for an export licence
Apply for a standard individual export licence (SIEL) using SPIRE, the online export licensing system.
Licence applications will be assessed against the Strategic Export Licensing Criteria, set out in the Secretary of State’s Written Ministerial Statement Trade Policy Update (8 December 2021).
What you must do when you are ‘aware’ of a licence requirement
If you are ‘aware’ that your items are or may be intended for one or more of the end-uses specified in points 1 or 2 above, you must contact ECJU who will decide whether an export licence is required.
Example scenarios where an export licence may be required
1. Exporting components for the repair or maintenance of military equipment to an embargoed destination
The military end-use control applies to exports of non-listed dual-use items where the items are for the repair or maintenance of military equipment in an embargoed destination.
Example
Exporter A is approached to supply commercial spare parts and equipment to an embargoed destination in order to undertake repair of a military aircraft.
Exporter A is aware that the items will be used for the repair of military equipment in an embargoed destination. Exporter A has a legal obligation to contact the ECJU who will decide whether an export licence is required.
2. Academics in the UK exchanging research as part of an international project
The military end-use control may apply to transfers of technology (information) even if the technology isn’t overtly intended for a military programme. If your role in a collaborative research project involves sharing technology with organisations (such as universities) in embargoed destinations and those organisations also work on programmes for the state, there is a risk that the technology may be used for other purposes.
Example
Academic A works for a UK university and is collaborating with Academic B who works in an embargoed destination. Academic A exchanges (imports and exports) technology as part of their work.
The goal is intended to develop civil vehicle technologies intended for the consumer market but Academic B is also working on projects exploring military applications for emerging civil vehicle technologies and the technology will advance military programmes.
The military end-use control would apply where Academic A was informed that a UK export licence is required if it is assessed that the export of technology, in whole or in part, may be used to enhance the military capabilities of an embargoed destination.
3. Exporting equipment to a large organisation that undertakes many areas of work
The military end-use control may apply to exports of equipment even if the intended end-use appears benign. If you are exporting equipment to an organisation that undertakes many different projects, such as a research organisation, and that organisation is supporting a programme of concern operated by the government or armed forces in an embargoed destination, then there may be a risk that the equipment may be used for purposes other than what is stated.
Example
Company A is exporting analytical equipment to a laboratory in a university in an embargoed destination. The laboratory declare that the equipment will be used by their project team to analyse new materials without a particular application, but the university is state-owned and equipment used by the laboratory is also available for use by other teams who undertake R&D on behalf of the military.
The military end-use control would apply where Company A was informed that a UK export licence is required if it is assessed that the equipment might be used by teams working on military R&D programmes.
4. Exporting equipment for use outside of an embargoed destination
The military end-use control may apply to exports of equipment even if the exported equipment is for use in a non-embargoed destination. If you are exporting equipment, even on a temporary basis, that will be used by the military of an embargoed destination there is a risk that the equipment may be used for hostile purposes anywhere in the world.
Example
Company A is exporting underwater survey equipment to a shipyard in a third country. The shipyard will temporarily install survey equipment on board a vessel operated by the navy of an embargoed destination.
The military end-use control would apply where Company A was informed that a UK export licence was required because it is assessed that the vessel is undertaking operations that are a threat to national security of the UK or allies.
Contact ECJU
General queries about strategic export licensing
Export Control Joint Unit
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY
Email exportcontrol.help@businessandtrade.gov.uk
Telephone 020 7215 4594
Last updated 14 April 2023 + show all updates
-
Guidance expanded to include what you must do when you are informed of a licence requirement. Addition of several case studies for scenarios when the control might be used.
-
First published.