Guidance

Guidance on Agreement on Defence Export Controls

Published 19 March 2026

Overview

This guidance provides background on the Agreement on Defence Export Controls and sets out the requirements for licence applications to be considered against Articles 1, 2 or 3 of the agreement.

The Agreement on Defence Export Controls (the agreement) is a treaty between Germany, France, Spain, and the UK (the signatory states). The UK acceded to this agreement in December 2025. It aims to reduce the administrative burden for exports or transfers of defence related products and supports industrial partnerships between the signatory states.

There are 3 key articles covering different aspects of co-operation under the agreement, which only applies to items on the Common Military List. There are only minor differences between the Common Military List and the UK Military List.

Key articles of the agreement

Article 1

Article 1 covers defence exports related to joint intergovernmental programmes, between 2 or more signatory states, formalised through memoranda of understanding (MoUs) or intergovernmental agreements. Article 1 can apply to both new and existing programmes. In the UK, it will be the relevant Ministry of Defence (MOD) team who will confirm and identify programmes falling under Article 1.

The principle of Article 1 is that a signatory state should not oppose an export or transfer to a third party, which is requested by another signatory state, other than in exceptional situations in which that transfer or export compromises its direct interests or national security. The agreement requires any concerns with any such export to be raised with the other contracting parties within 2 months.

Article 2

Article 2 facilitates exports and transfers arising from industrial co-operation projects that promote closer integration of defence industries across the signatory states.

Article 2 establishes a 2-step process to facilitate exports and transfers between industrial partners involved in recognised co-operation projects. Its aim is to reduce the export control burden for defence-related products developed through collaborative efforts.

Step 1: project recognition

The first step is for the relevant signatory states to consider and agree that a specific industrial co-operation project qualifies under Article 2. This requires a coordinated submission of a project file by the industrial partners to their respective national authorities. In the UK, the MOD is responsible for assessing this project file and confirming project eligibility.

Step 2: export licensing

Once a project is recognised, licence applications are assessed in accordance with Article 2. While Article 2 seeks to reduce the export licensing burden, it does not exempt exporters from submitting licence applications for transfers to industrial partners.

The principle of Article 2 is that, in relation to a defence product developed by defence manufacturers in 2 or more signatory states, a signatory state shall not oppose the export or transfer by a manufacturer of another signatory state to a non-state party, other than in exceptional situations in which that transfer or export compromises its direct interests or national security.

The agreement requires any concerns with any such export to be raised with the other contracting parties within 2 months from the date on of being informed of the proposed transfer or export.

Note, the decision to grant or refuse the licence for the export of the final product shall fall to the signatory state from whose territory that export is carried out. Those decisions do not fall within the scope of Article 2.

Article 3

Article 3 implements a de minimis principle which applies when the value of defence-related components from one or more signatory states in a final system exported by another signatory state is below 20%. It does not apply to exports covered by Articles 1 or 2.

The de minimis principle applies when the value of defence-related components from one or more signatory states in a final system exported by another is less than 20% of the total value of that system. The final integrator will be responsible for assessing the overall contribution from each signatory state. They will take into consideration each of its direct suppliers representing over 2% of the total final value the products which that supplier procured directly from a contracting party concerned.

Note, the total value excludes maintenance, spare parts, training, and repairs.

Under the agreement, an end-user undertaking is not required to support an export licence application submitted for consideration under Article 3. Instead, a harmonised ‘Integration Certificate’ has been developed, which provides information on the goods and parties involved, end user details and a de minimis declaration on the value of defence-related products from a supplying signatory state to be integrated into the final system in another signatory state.

While Article 3 applies to items on the Common Military List, certain goods are excluded from this principle, as listed in Annex 3 of the agreement. Detailed guidance on Article 3 is included in Annex 2 of the agreement. A worked example on the de minimis principle is provided within the guidance on competing the Integration Certificate.

Submitting licence applications for consideration under the agreement

All applications submitted for consideration under the agreement will continue to be assessed in the usual way against the Strategic Export Licensing Criteria.

Applications under Article 1: intergovernmental programmes

When submitting licence applications for consideration under Article 1

• the ‘intended end use of the products’ field in the licence application form should begin with ‘URGENT, for consideration under Article 1 of the Defence Exports Agreement’
• if the ultimate end user(s) of the end products in a third country is known, they must be identified in the licence application

Under the principles of Article 1, we will not normally refuse applications for export to a signatory state, apart from in an exceptional situation which compromises our direct interests or our national security.

If we identify any such concerns, we will consult with other signatory states before making a final decision.

Applications under Article 2: industrial co-operation

When submitting licence applications for consideration under Article 2:

• the ‘intended end use of the products’ field in the licence application form should begin with ‘URGENT, for consideration under Article 2 of the Defence Exports Agreement’
• identify the ultimate end user if known
• reference previous licences that enabled technology transfers under ‘previous applications’
• clearly state the final products into which UK items will be integrated under ‘intended end use’
• ensure all information aligns with the scope of the agreed project
• attach the joint project descriptive file and confirmation of project eligibility

Applications that are not properly marked or which do not contain the required information will not be considered under Article 2 and will be processed as a standard licence request.

Under the principles of Article 2, we will not normally refuse applications for export to a signatory state, apart from in an exceptional situation which compromises our direct interests or our national security.

If we identify any such concerns, we will consult with other signatory states before making a final decision.

Exports of final products from an industrial co-operation project

The decision to approve or refuse a licence to export the final product lies with the signatory state from whose territory the export takes place. This decision is outside the scope of Article 2.

Export licence applications for export of a final product should not be marked for consideration under Article 2 and will not be assessed as such.

However, the UK will notify authorities in the relevant signatory states if it refuses a licence for a system produced through recognised co-operation that includes components authorised for re-export by signatory states.

To support this, UK exporters should identify, in the ‘intended end use of the products’ field in their licence application, that this application relates to a final product from an industrial co-operation project under Article 2 of the Defence Exports Agreement, and identify which signatory states were involved in the development of the final product.

Licences relating to a recognised co-operation

Certain exports or transfers – such as those involving technology, tools, or production line setup – may be necessary to implement co-operation but are not linked to a given export or transfer to a non-signatory state.

To facilitate the processing of such licence applications, exporters should include the relevance to the agreed Article 2 industrial co-operation and the joint project descriptive file with the licence application.

Applications under Article 3: de minimis principle

To be considered under Article 3, the ‘intended end use of the products’ field in the licence application form should begin with ‘URGENT de minimis, for consideration under Article 3 of the Defence Exports Agreement’.

If the application is not properly marked or contain the required information, it will not be considered against Article 3 and will be processed as a standard licence request.

If the de minimis principle applies:

• no end-user undertaking is required for exports to a signatory state
• an integration certificate may be requested to confirm incorporation into the final system
• we will assess the application without delay

Under the principles of Article 3, we will not refuse applications apart from in an exceptional situation which compromises our direct interests or our national security. If the third-party recipient of the final system is unknown at the time of licensing, the signatory state exporting the system will be solely responsible for assessing that export once the recipient is identified.

Applicants must ensure the following:

• the proposed export is not listed in Annex 3 exclusions
• the first recipients are in a signatory state to the agreement
• the application concerns defence-related products that will be integrated into a final system in a signatory state and then remain in a signatory state or be exported from a signatory state to a non-signatory state

The application must include supporting documentation specifying:

• confirmation that the equipment is not excluded under Annex 3
• the maximum value share of UK components (excluding maintenance, spare parts, training and repairs) in the final system, specifying whether it is below 20%
• a description of the final system, including its Military List (ML) classification
• identification of the first integrator and consignee (if known) responsible for exporting the final system
• identification of the final consignee(s) of the integrated system
• details of any items not covered by the de minimis rule

Integration certificate

Signatory states may request a certificate confirming integration of the product into the final system before transfer. Where a UK entity is the final integrator, they will need to complete the integration certificate. A template certificate is available on GOV.UK, for which there is separate guidance.

Exports of final products from the UK

The decision to approve or refuse a licence for exporting the final product lies with the signatory state from whose territory the export occurs. This decision is outside the scope of Article 3.

Open General Licence

In the near future we plan to publish an Open General Licence (OGL) to support exports under Article 3.

English language version of the agreement

View an English language version of the Agreement on Defence Export Controls.

Guidance on competing the Integration Certificate

View guidance on completing the Integration Certificate and a template of the certificate.