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HMRC internal manual

Strategic Goods and Services - BIS Export Licensing and Sanctions - General

Particular Goods: Goods Destined for nuclear, biological or chemical end-use

Under Article 4.1 of Council Regulation (EC) No 428/2009 for the control of exports of dual-use items and articles 4.6 and 8 of the Export Control Order 2008 unlisted goods which are capable of being used in connection with any nuclear, biological or chemical weapons, antidotes to biological or chemical weapons, or missiles capable of delivering nuclear, biological or chemical weapons require an export licence;

  • if the exporter has been informed by a competent authority that the goods are or may be intended to be used for such purposes; or
  • if the exporter knows or is aware that they are intended or likely to be used for purposes related to nuclear, biological or chemical weapons; or
  • where the exporter has grounds to suspect that the goods might be used for such purposes unless all reasonable enquiries have been made by the exporter as to their proposed use and the exporter is satisfied that they will not be used for such purposes.

The WMD end-use control is an important extension of the export licensing system. A series of questions in the export licensing application form ensures that exporters are aware of these controls. Where there are grounds to suspect that the goods may be caught by the WMD end-use control the goods should be detained and a ratings advice sought from BIS. The exporter should be notified of the detention by fax, advised of contact details and asked for further information as necessary. The agent should be notified by placing a query on the CHIEF notice board. If BIS advise that the goods are capable of being used in relation to nuclear, biological or chemical weapons and related missiles action should be taken as in SGSAROA.