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Transfers of Export Controlled Technology.

Posted onMarch 17, 2020

An export licence is needed for any transfer of military controlled technology to anyone outside the UK. An export licence is needed for any transfer of Annex 1 dual-use controlled technology to anyone outside the European Union (EU). Failure to comply with these controls could result in criminal penalties.

The UK Export Control Order 2008 defines Technology as "technology" means information (including but not limited to information comprised in software and documents such as blueprints, manuals, diagrams and designs) that is capable of use in connection with the development, production or use of any goods.

Technical Note in Schedule 2 to the Export Control Order 2008, Military Goods, Software and Technology

Information' may take forms including, not limited to: blueprints, plans, diagrams, models, formulae, tables, 'source code', engineering designs and specifications, manuals and instructions written or recorded on other media or devices (e.g. disk, tape, read-only memories); 'source code' (or source language) is a convenient expression of one or more processes which may be turned by a programming system into equipment executable form.

The EU Dual-Use List of Controlled Goods and Technology (Annex 1 of COUNCIL REGULATION (EC) No 428/2009) defines Technology as "Technology" (GTN NTN All) means specific information necessary for the "development", "production" or "use" of goods. This information takes the form of 'technical data' or 'technical assistance'.

N.B.1. 'Technical assistance' may take forms such as instructions, skills, training, working knowledge and consulting services and may involve the transfer of 'technical data'. N.B.2. 'Technical data' may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.

The list of military and dual-use controlled goods and technology (applicable to UK exports) can be seen here.

See more information on Export Controls & Sanctions here.

Contact AM Skinner Solicitors for expert legal advice in all areas of trade law, including export controls, sanctions, import & customs controls, brexit, anti-bribery, ethics, commercial contracts, supply chain and other domestic and international trade law matters.

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