In this blog entry we discusss military end-use controls and the legal provisions. While rules depend on national legislation, we use the example of the UK export controls. What are end-use controls? The end use controls are so called catch all controls. In a nutshell, we can say that catch-all controls are case-by-case export controls on items that are not on the national export controls list, such as the UK Strategic Export Control Lists. Even though the items you want to export don't ordinarily require a licence, you may need one if export controls apply. What are Military end-use controls? These are special end use controls for specifoc products and they apply in special circumstances. Military end use controls cases apply only in specific circumstances. Case 1: The competent export controls authorities,contact you and tell you that non-controlled items (goods, software, and technology) are or may be intended for military purposes. If you now wish to export these, then you need a licence from the government. If you are "advised" that a military end-use licence is required then thhis means that the authorities (like the ECJU in the UK) told you an export licence is needed. Apply for a regular individual export licence. Do not attempting to export this under a general export licence. If authorities tell you thtat you require a licence, exporting without one is illegal. What do you understand by "military purposes"? This is non-controlled items (goods, software, and technology) thst are or may be intended for use, for production or even for testing. This also extends to analytical equipment and components for the development, production, or maintenance of military weapons. Case 2: If you, as the exporter, know that otherwise non-controlled items (goods, software, and technology) are or may be used as parts or components of military items.), then you also need to apply for a licence. If you 'know' your commodities are or may be intended for one of the stated end-uses, you must notify the ECJU, which will determine if an export licence is required. Are they any exceptions?
There are usually exception, such as, Medical exports assist a country's civilian population. consumer goods export Software or technology transfer. What Criteria are used to assess my application? If any of these key ssessment questions, in summary, are answered with YES, then it is likely that a licence is denied. In no particular order: 1)Would the export to this military abroad represent a national security threat? 2) Would the export of this item to a foreign military counteract peace,reduce security, or threaten stability? 3) Could this export contribute to international law infringement 4) Is it possible and likely that this export could be used to violate human rights? 5) Would this export support terrorists or severe criminal acts? Strategic Export Licensing Criteria from the Secretary of State's Trade Policy Update will be used to evaluate licences (8 December 2021). Controlled destinations Exports to the following countries are subject to end-use controls: Armenia Azerbaijan Belarus Burma (Myanmar) Centrafrique PRC (including Hong Kong and Macao) DR Congo DPR Korea IranIraq Lebanon Libya Russia Somalia Khartoum (South Sudan) Venezuela