UK WMD End-Use Controls.
On 22nd May, 2020, the U.S. Commerce Department announced that it is to add 'Two Dozen Chinese Companies with Ties to WMD and Military Activities to the Entity List'.
See U.S. Department Of Commerce press release here.
In addition to the extra-territorial export controls of the U.S., UK exporters should consider UK end-use control law. Article 6 of the UK Export Control Order 2008 (as amended) applies to any items (goods, software or technology) not listed in the control lists and for which a licence is not usually required (“catch-all”). Under this article, exporters are required to obtain a UK export licence where such items are exported beyond the European Union and the exporter has grounds for suspecting that they are or may be intended, in their entirety or in part, for Weapons of Mass Destruction (WMD) purposes, unless, having made all reasonable enquiries as to the proposed use of the items in question, the exporter is satisfied that they will not be used for WMD purposes.
“WMD purposes” means use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons.
See UK Export Control Order 2008 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.
See contact details here.