UK: Official Export Control Guide for military goods, software and technology

(P) Download the guide to licensing procedure and other restrictions for export of controlled military goods, software and technology.

n export licence is needed before the export of controlled military goods, software and technology and items on the UK dual-use list from the United Kingdom to another country. These items are listed in Schedule 2 and 3 to the Export Control Order 2008, as amended.

A trade control licence is needed before engaging in certain activities that involve:

the supply or delivery of certain items from one country to another
the agreement to supply or deliver certain items from one country to another
any activity that will promote the supply or delivery of certain items from one country to another

You can assess your goods, software and technology against the UK Strategic Export Control Lists to determine whether or not they are controlled.

The OGEL and Goods Checker Tools can be used to:

help determine if the items are controlled
identify the appropriate control entry

You can apply for a licence through SPIRE, the online export licensing system. SPIRE is managed by the Export Control Joint Unit (ECJU).

Controlled military items

Controlled military items include physical goods, software and technology (specific technical information and data), specially designed or modified for military use. They are specified in Schedule 2 to the Export Control Order 2008, as amended.

Controlled dual-use items

UK controlled dual-use items are specified in Schedule 3 to the Export Control Order 2008. They are not necessarily specially designed or modified for military use.

Controlled dual-use items include:

firearms and ammunition
security and paramilitary police equipment
riot-control vehicles
chemical and biological agents
explosives and energetic material
explosive detection equipment requiring export authorisation to certain destinations
firings sets and detonators
certain materials, chemicals and micro-organisms
tropospheric scatter communications equipment
vessels and aircraft requiring authorisation to certain destinations
related technology for controlled goods and certain firearms not otherwise specified in Schedule 2 to the Export Control Order 2008, as amended

You can find the complete list on the UK Strategic Export Control Lists.

When you need an export licence

You must have an export licence if you are exporting items that are on the UK Strategic Export Control Lists and you are in the UK, or a UK residence overseas.

You can apply for a licence through SPIRE.

Trade controls and arranging sales or movements

A trade control licence is required for activities subject to trade controls in the UK or for a ‘UK person’ outside of the UK.

The term ‘UK person’ as used in the Export Control Order 2008, is defined in s.11 of the Export Control Act 2002 as a United Kingdom national, a Scottish partnership or a body incorporated under the law of any part of the United Kingdom. A United Kingdom national is an individual who is: (a) a British citizen, a British Overseas Territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or (c) a British protected person within the meaning of that Act.

Trade controls apply to specific activities, including brokering, that involve certain controlled goods. The trade control legislation imposes different restrictions to different categories of goods. These are contained in Part 4 of the Export Control Order 2008, as amended.

Goods which are subject to trade controls are specified in category A, category B or category C, of Schedule 1 to the Export Control Order 2008, as amended.

Trade controls do not apply to ML21 or ML22 (software and technology).

A trade control licence is also required for specific activities involving goods subject to trade controls from one third country to another third country that is an embargoed destination.

There are also controls related to brokering of military and other items contained in trade sanctions. Read guidance on sanctions and embargoes.

Goods for which you cannot arrange sales or movement (category A goods)

There is a ban on trade controlled activities relating to category A goods which includes:

cluster missions, explosive submunitions and explosive bomblets
goods for the execution of human beings
torture goods, such as: electric shock batons, electric chairs, drug injection electric-shock belts, leg irons and sting sticks

A full list of category A goods is contained in Part 1 of Schedule 1 to the Export Control Order 2008, as amended.

For goods in category A, or where the activity is to an embargoed destination, you can not supply or deliver, agree to supply or deliver or do any activity that will promote the supply or delivery of category A goods.

This includes:

arranging, or agreeing to, the transfer, acquisition or disposal of goods
general advertising and promotion (for example placing advertisements)
arranging or providing freight or transport services
finance, financial services, insurance or reinsurance services
arranging or negotiating contracts or contract promotion activity

A ‘contract promotion activity’ means any act calculated to promote the arrangement or negotiation of a contract for the acquisition, disposal or movement of goods or any agreement to do such an act.

This applies in cases where you know or have reason to believe that such action or actions will, or even may, result in the removal of those goods from one third country to another third country.

Restrictions on category A goods apply to any company or a person from within the UK (whether or not they are a UK person) or by any UK person operating overseas, whether directly or indirectly.

Goods subject to strict trade controls (category B goods)

There are strict trade controls on activities relating to category B goods.

These controls apply to goods and components including:

small arms and light weapons (SALWs) within ML1 and ML2
accessories and ammunition for SALWs in ML1 and ML2
light weapons within ML4
ammunition for light weapons within ML4
hand grenades specified in ML4
anti-vehicle landmines
combat aircraft and attack helicopters within ML10
warships within ML9
long range missiles (LRMs) with a range over 300km
unmanned air vehicles (UAVs)
man-portable air defence systems (MANPADS) and accessories, ammunition, and specially designed components therefore
other missiles and missile launchers
battle tanks and armoured vehicles within ML6
production equipment specially designed for MANPADS, including field test equipment specially designed for MANPADS and specialised training equipment and simulators for MANPADS

A trade control licence is required to:

supply or deliver category B goods
agree to supply or deliver category B goods
do any activity that will promote the supply or delivery of category B goods

This applies in cases where you know or have reason to believe that such action or actions will, or even may, result in the removal of those goods from one third country to another third country.

This includes:

arranging, or agreeing to, the transfer, acquisition or disposal of goods
general advertising and promotion (for example placing advertisements)
arranging or providing freight or transport services
finance, financial services, insurance or reinsurance services
arranging or negotiating contracts or contract promotion activity

Restrictions on category B goods apply to any company or a person from within the UK (whether or not they are a UK person) or by any UK person operating overseas, whether directly or indirectly.

A licence is not required for category B goods if your only involvement in the transaction is to provide financing or financial services, insurance or reinsurance service, general advertising or promotion services or a contract promotion activity where a payment is not received.

Controls on category C goods

Trade controls on category C goods includes all other goods in the UK Military List not listed above and certain substances for the purpose of riot control or self-protection and related portable dissemination equipment.

For category C goods, a trade control licence is required to:

supply or deliver category C goods
agree to supply or deliver category C goods
do any activity that will promote the supply or delivery of category C goods

This applies in cases where you know or have reason to believe that such action or actions will, or even may, result in the removal of those goods from one third country to another third country. This includes:

arranging, or agreeing to, the transfer, acquisition or disposal of goods
general advertising and promotion (for example placing advertisements)
arranging or providing freight or transport services
finance, financial services, insurance or reinsurance services
arranging or negotiating contracts or contract promotion activity

A licence is not required for category C goods if your only involvement in the transaction is to provide one of the following:

financing or financial services
insurance or reinsurance services
general advertising or promotion services
contract promotion activity where a payment is not received

Restrictions on category C goods apply to any company or a person from within the UK (whether or not they are a UK person). Controls on category C goods are not fully extra-territorial, they apply to activities of UK persons carried out in the UK only. They do not apply to the activities of UK persons undertaken wholly overseas.

Overlap between sanctions and strategic export controls

The export of and other trade in military goods and technology is controlled under sanctions regulations and the Export Control Order 2008, and so you may need a licence which is valid under both pieces of legislation. This means that all licence applications relating to military goods and technology will need to be considered against the sanctions licensing purposes, and the strategic export licensing criteria. A licence under sanctions regulations is unlikely to be granted if a licence is refused for the same activity under the Export Control Order 2008.

The way this will work in practice is that we will consider an application for a licence which relates to activities that are licensable under both the sanctions regulations and the Export Control Order 2008 as an application under both pieces of legislation. This means that only a single licence application is required.

The application will be considered against the relevant licensing criteria. If a licence is granted it will be valid under both the Export Control Order 2008 and the sanctions regulations.

Trade controls for embargoed destinations

Embargoed destinations are those subject to full-scope EU, OSCE and national arms embargoes. Controls apply to category A, B and C goods traded to embargoed destinations. Article 20 of the Export Control Order 2008, as amended sets out what trade controls apply in respect of embargoed destinations. Article 20 does not apply to destinations with arms embargoes made under the Sanctions and Anti-Money Laundering Act 2018.

Read guidance on sanctions and embargoes.

Trade control licences

There are 4 open general trade control licences (OGTCLs) available.

If you can not use an OGTCL, you must apply for a Standard Individual Trade Control Licence.

You can apply for a licence through SPIRE.

Transfer of information (technology controls)

You must get an export licence to transfer controlled technology to anyone outside the UK.

Technology includes any information necessary for the development, production or use of goods.

This includes any of the following that are related to military items and software:

blueprints
diagrams
technical and training manuals
intangible technology such as emails

Find out how military and dual-use technology is defined for export controls.

You can use the control list classification advisory service to assess goods and technology against the UK strategic export control lists.

Military end-use controls

The military end-use control is a catch-all control in the EU Dual Use Regulation 428/2009. This means that even if the items which you intend to export are not listed on the current UK Military List, you might still require an export licence under this control.

An exporter is usually told by the ECJU that an export licence is required for one of two reasons. Either you are exporting non-controlled items that are, or may be, intended for use with military equipment in an embargoed destination, or you are exporting non-controlled items that may be intended for use as parts of military goods illegally obtained from the UK, irrespective of destination.

If you have any concerns about your end user, you can get advice through SPIRE.

Goods you must not export

You must not export any goods and services if they might be used for weapons of mass destruction (WMD) purposes. This including chemicals, biological agents or technology that might be used in a nuclear weapons facility.

This restriction covers:

technical assistance such as assembly, maintenance or repair
services and goods

Breaches of export control legislation

As an exporter, you may discover that you have exported goods or transferred controlled technology without an appropriate export licence in place. It is also possible that a compliance inspector from the Export Control Joint Unit will identify an irregularity during a compliance audit.

If this happens, it is very important to report the irregularity to HMRC (sometimes known as ‘voluntary disclosure’) as soon as possible, as they are responsible for the enforcement of strategic export controls. If the irregularity was found on an ECJU compliance audit, the compliance inspector will have informed HMRC and you are strongly advised to do the same.

Please post or courier hard copies of the voluntary declaration to:

Enforcement of Strategic Exports, Sanctions and Intellectual Property Rights Customs Debt, Enforcement and Law Customs and Border Design HMRC 14 Westfield Avenue Stratford London E20 1HZ

Email declarations should be sent to michael.halstead@hmrc.gov.uk

You should provide:

details of the export, including dates
any relevant documents, such as export documentation and commercial invoices
details of how the breach was discovered, why it occurred and what steps you have put in place to ensure it does not happen again

HMRC will consider the matter and contact you directly, either for more information or to let you know of their decision.

If you wish to confidentially report export control breaches HMRC have a hotline or alternatively you can use an online reporting tool. You will find details of both here.

Download the Guidance

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