Export controls—requirement for an export licence
Produced in partnership with Richard Tauwhare of Dechert LLP
Export controls—requirement for an export licence

The following Corporate Crime guidance note Produced in partnership with Richard Tauwhare of Dechert LLP provides comprehensive and up to date legal information covering:

  • Export controls—requirement for an export licence
  • What are export controls?
  • What activities require a licence?
  • When is an item subject to export controls?
  • Destinations requiring a licence
  • Types of licence
  • Enforcement
  • Impact of Brexit on export controls

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Notes: Brexit—introduction to the Withdrawal Agreement and Impact of Brexit on export controls below.

What are export controls?

Export controls are laws that require the licensing of the export, brokering or transhipment of sensitive goods, components, software, technology and technical assistance (‘items’) which could be misused to threaten security, to fuel conflict, terrorism or crime, to proliferate Weapons of Mass Destruction (WMD) as well as items which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, to violate human rights or international humanitarian law.

Export controls apply to all items that are:

  1. specially designed or modified for military use

  2. designed for civilian use but with potential military or security uses (‘dual-use’ items), and

  3. any item if the exporter has been informed by the government, is aware, or has grounds for suspecting that the item is or may be intended for use in connection with a WMD programme, or with military items exported without authorisation, or for military use