Understanding UK End-Use Controls for Military-Related Items: A Comprehensive Guide
Understanding Military End-Use Controls for Exporting Items to Specific Destinations
This guidance explains the operation of the legal provisions of the military end-use controls. Military end-use controls
The purpose of end-use controls is to allow export controls to be imposed, on a case-by-case basis, to items which are not specified in the UK Strategic Export Control Lists. In practice, this means that even if the items which you intend to export do not usually require an export licence, you might still require one.
When military end-use controls apply
Military end-use controls may be applied in the following situations:
1. When the purchasing country or country of destination is an embargoed destination (as defined below), the exporter has been informed in writing by the Export Control Joint Unit (ECJU) or is aware that non-controlled goods, software, or technology are or may be intended for one of the following purposes:
- Incorporation into military items listed in Schedule 2 (the UK military list) to the Export Control Order 2008, as amended.
- Use in production, test, or analytical equipment and components for the development, production, or maintenance of military items listed in Schedule 2 (the UK military list).
- Use in any unfinished products in a plant for the production of military items listed in Schedule 2 (the UK military list).
2. When the exporter has been informed, or is aware, that non-controlled goods, software, or technology are or may be intended for use as parts or components of military items listed in Schedule 2 (the UK military list) to the Export Control Order 2008 (as amended), when those military items were originally exported without authorization or in violation of an authorization granted by the Secretary of State.
3. When the exporter has been informed that non-controlled goods, software, or technology are or may be intended for use by a "relevant entity," which means:
- Any military forces, para-military forces, police forces, security services or government intelligence organizations of an embargoed destination.
- Any person or entity involved in the procurement, research, development, production or use of items on behalf of the entities mentioned above.
However, the above does not apply to the export of medical goods, including medicines and medical devices for the benefit of the civilian population of a country, the export of consumer goods generally available to the public, or the transfer of software or technology generally available to the public.
This control will only be enforced and a license application denied where it is determined that the export would be capable of having a "relevant consequence" as set out in the Schedule to the Export Control Act 2002, which is described as:
- A threat to the UK's national security.
- Having an adverse effect on peace, security, or stability.
- An act threatening international peace and security.
- An act contravening the international law of armed conflict.
- An act of internal repression.
- An act that breaches human rights.
- An act of carrying out (or of acts which facilitate) acts of terrorism or serious crime.
Embargoed destination
“"Embargoed destination" refers to a destination that is subjected to an arms embargo imposed by the United Nations or the Organisation for Security and Cooperation in Europe (OSCE) and / or is listed in Parts 1 or 2 of Schedule 4 to the Export Control Order 2008. As of November 2023, the following destinations are considered embargoed:
- Armenia
- Azerbaijan
- Belarus
- Burma (Myanmar)
- Central African Republic
- China (including Hong Kong and Macao)
- Democratic Republic of the Congo
- Democratic People's Republic of Korea
- Iran
- Iraq
- Lebanon
- Libya
- Russia
- Somalia
- South Sudan
- Sudan
- Venezuela
- Zimbabwe
What you must do when you are ‘informed’ of a licence requirement
If the Export Control Joint Unit (ECJU) notifies you that a particular export requires a license, it means that the military end-use controls apply. ECJU will always provide you with written notification stating that "an export license is required for this particular export". This notification is based on an evaluation of both the specific items being exported and a specific end-user.
There are two common scenarios in which you may receive notification:
1. If you submit an export license application to ECJU, you may receive an electronic letter via the licensing system before receiving a final decision. This letter will advise you that a license is required. Even if you withdraw the application, you will still require a license if you later wish to export the same items to the same end-user.
2. If you present goods for export and HM Revenue and Customs or Border Force detain the shipment for checks, you will receive a letter advising that an export license is required. This notification will occur if the detaining agency seeks advice from ECJU and if there are concerns about the goods being used in or by an embargoed destination. The letter will provide guidance on how to apply for a license.
It is a criminal offense to export items without a license if you have been informed of the need for a license by ECJU.
End-user Advisory Service
If you use the End-User Advisory Service available through SPIRE and we advise that an end user is of concern and recommend that a licence application is submitted, this is not being informed.
Applying for an export control licence
Are you looking to apply for a standard individual export license (SIEL)? If so, you can use the online export licensing system called SPIRE. Keep in mind that your application will be assessed against the Strategic Export Licensing Criteria, which is set out in the Secretary of State's Written Ministerial Statement Trade Policy Update (8 December 2021).
In case you are "aware" that your items are or may be intended for one or more of the end-uses specified in points 1 or 2, you must contact ECJU. They will then decide whether an export license is required or not.
There are various scenarios where an export license may be required. For instance, if you are exporting components for the repair or maintenance of military equipment to an embargoed destination, the military end-use control will apply. Similarly, the military end-use control may apply to transfers of technology (information) even if the technology isn't overtly intended for a military program. Additionally, the military end-use control may apply to exports of equipment even if the intended end-use appears benign.
If you are exporting to an organization that undertakes many different projects, such as a research organization, and that organization is supporting a program of concern operated by the government or armed forces in an embargoed destination, then there may be a risk that the equipment may be used for purposes other than what is stated.
It is possible that the military end-use control may apply to exports of equipment, even if the equipment is intended for use in a non-embargoed destination. For example, a company exporting analytical equipment to a laboratory in a university in an embargoed destination may need a UK export licence if the equipment could potentially be used by teams working on military R&D programmes. Although the laboratory may claim that the equipment will only be used by their project team to analyse new materials without a specific application, the university is state-owned, and the equipment used by the laboratory is also available for use by other teams who undertake R&D on behalf of the military.
Similarly, a company exporting underwater survey equipment to a shipyard in a third country may require a UK export licence if the shipyard will temporarily install the survey equipment on board a vessel operated by the navy of an embargoed destination. In this case, the military end-use control would apply, and the UK export licence would be necessary if the vessel is undertaking operations that pose a threat to the national security of the UK or its allies.s.
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