Military End-Use Control Chris Chew Export Control Organisation

Statement of Understanding on Control of Non-Listed Dual-Use Items Participating States will take appropriate measures to ensure that their regulations require authorisation for the transfer of non-listed dual-use items to destinations subject to a binding United Nations Security Council arms embargo, any relevant regional arms embargo either binding on a Participating State or to which a Participating State has voluntarily consented to adhere, when the authorities of the exporting country inform the exporter that the items in question are or may be intended, entirely or in part, for a military end-use. If the exporter is aware that items in question are intended, entirely or in part, for a military end-use, the exporter must notify the authorities referred to above, which will decide whether or not it is expedient to make the export concerned subject to authorisation. For the purpose of such control, each Participating State will determine at domestic level its own definition of the term “military end-use”.

EU Military End-Use Control Article 4 of Council Regulation 428/2009 defines “military end-use” as: incorporation into military items listed in the military list of Member States; use of production, test or analytical equipment and components therefor, for the development, production or maintenance of military items listed in the abovementioned list; use of any unfinished products in a plant for the production of military items listed in the abovementioned list.

Military End-Use Control – UK practice An exporter is “informed”, in writing, by the Export Control Organisation (ECO): Following a customs check at the border In response to a licence application or enquiry to the ECO On receipt of information by the ECO The “informing” letter is specific to the exporter, the goods, and the end-user Once the exporter has been “informed” he must not export those goods to that end-user without a licence

Military End-Use Control – UK practice Having been “informed” the exporter may: apply for a licence, or decide not to export the goods in question There is no presumption of denial – each licence application is considered on its merits If a licence is granted, future identical exports are not subject to the end-use control https://www.gov.uk/guidance/military-end-use-control-guidance-notes

Case Study 1 Licence application for Country X, subject to EU arms embargo Range of non-listed dual-use items for repair and maintenance of a light utility aircraft Aircraft supplied in the 1960s to the air force of X – currently used by X for troop & VIP transport, cargo, reconnaissance and command/control Determined that goods are components for incorporation into a military list item (ML10) Outcome: licence refused

Case Study 2 Enquiry to ECO regarding export of electrical and mechanical test equipment to a government entity Country Y subject to EU arms embargo Concern that goods may be intended for production of military list items Exporter “informed”; licence application received Determined that end-user was educational establishment and goods not suitable for production use Outcome: licence granted

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