Notice

NTE 2022/32: The Export Control (Amendment) (EU Exit) Regulations 2022

Published 14 December 2022

© Crown copyright 2022

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This publication is available at https://www.gov.uk/government/publications/notice-to-exporters-202232-the-export-control-amendment-eu-exit-regulations-2022/nte-202232-the-export-control-amendment-eu-exit-regulations-2022

Introduction

There has been an amendment to the Export Control Order 2008.

The amending instrument also made changes to retained Council Regulation (EC) No 428/2009. These included:

  • a correction to a mistake made by an earlier amending instrument
  • the removal of the Russian Federation as a permitted destination for the Retained General Export Authorisations

The new regulations

The Export Control (Amendment) (EU Exit) Regulations 2022 came into force on 7 December 2022.

The regulation implements changes made when the European Union recast Council Regulation (EC) No 428/2009 to create Regulation (EU) 2021/821 setting up a union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (“the EU Dual-Use Regulation”).

The EU Dual-Use Regulation has applied to and in the UK in respect of Northern Ireland since 9 September 2021 by virtue of the Protocol on Ireland/Northern Ireland in the UK-EU Withdrawal Agreement (“the Protocol”).

The new regulations make changes to the Export Control Order 2008 to ensure that the EU Dual-Use Regulation operates effectively. This includes technical updates to the provisions on licensing, record-keeping, offences and customs enforcement in Northern Ireland in accordance with the requirements of the Protocol.

The regulations also amend the retained Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a community regime for the control of exports, transfer, brokering and transit of dual-use items.

The regulations reinstate the Secretary of State’s power to refuse to grant, annul, suspend, modify or revoke a brokering services authorisation, which had been removed in error during the legislative changes made during the UK’s withdrawal from the EU. They also remove the Russian Federation as a permitted destination from the Retained General Export Authorisations.

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

More information on export controls is available on:

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