On 5 March 2018, the UK ECJU (Export Control Joint Unit) published the updated consolidated control list of strategic military and dual-use items that require export authorisation “Control Lists”. The changes reflect amendments to the Export Control Order 2008, which came into force on 5 March 2018.
Please visit www.gov.uk for latest version of “Control Lists” and supporting information: – https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/685044/controllist20180305.pdf
The Export Control (Amendment) Order 2018 (S.I. 2018 No.165) made a small number of changes to schedule 2 to the main order, which lists the military goods, software and technology subject to export controls. Changes have been made to article 2 (Interpretation) and Schedule 2 of the order. 4 open general export licences (OGELs) have been amended accordingly. These changes reflect amendments made to the EU Common Military List following agreement to alter this list in the international export control regime known as the Wassenaar Arrangement.
The changes are:
- the entry for ‘adapted for use in war’ is deleted and a new definition of biological agents has been agreed
- a new heading for ML7 (chemical and biological agents)
- a new substituted entry for ML7.a.
- a new entry inserted as ML8.a.41
- a new substituted entry for ML8.c.3.
- a new entry and technical notes inserted as ML8.h (reactive materials)
In article 2 (Interpretation) the definition of ‘information security items’ has been removed. Changes made by the Export Control (Amendment) Order 2017 (S.I. 2017/85) have made this definition redundant.
Changes to 4 OGELs
The two new entries ML8.a.41 (explosive) and ML8.h (reactive materials) have been excluded from the following 4 OGELs:
- Export after Exhibition or Demonstration: Military Goods
- Export after Repair/Replacement under Warranty: Military Goods
- Exports under the US-UK Defence Trade Cooperation Treaty
- Technology for Military Goods