BREXIT Export Licensing Obligations.
Know your export licensing obligations when the UK becomes a third country.
Exporters should ensure that their goods are properly classified for export control reasons (Export Control Classification Control Number) as dual-use controlled goods (Annex 1 goods) will need export licence authority when exported from the UK to any EU Member State (including the Channel Islands) from 1 January 2021. UK exporters of dual-use goods (including software and technology) should register with SPIRE (UK government portal) in order to use the UK’s new Open Export Licence (export of dual-use items to EU Member States) (See note 1 below). Additionally, exporters should ensure that they have proper processes and procedures in place in order to fully comply with the conditions of this new licence. Similarly, exporters in EU Member States should ensure that they are registered with the relevant EU authority for use of the UGEA 001 if they wish to export Annex 1 controlled goods to the UK.
Update your IT systems.
IT systems should be programmed from 1 January 2021 so as to prevent all exports of dual-use controlled goods (including software and technology) from the UK and any EU Member State. The relevant export control classification control number (“ECCN”) should be held within the system against each applicable item, and any export controlled order should be held in the system pending release subject to proper export licence authorisation. Exporters of controlled goods should also work closely with their freight-forwarders to ensure that customs declarations are made in accordance with all applicable regulatory controls, and that they retain all necessary evidence of the export in order to satisfy compliance visits from the Export Compliance Joint Unit (“ECJU”) (See note 2 below).
Links and notes
1. Information on the UK’s new Open Export Licence (export of dual-use items to EU Member States) can be found at: https://www.gov.uk/government/publications/noticeto-exporters-201903-new-ogel-published-covering-export-of-dual-use-items-to-eu-me mber-states/notice-to-exporters-201903-new-ogel-published-covering-export-of-dualuse-items-to-eu-member-states
2. Details of ECJU compliance visits can be found at: https://www.gov.uk/government/publications/compliance-visits-explained/compliancevisits-explained
Andrew Skinner, AM Skinner Solicitors, amskinnersolicitors.co.uk