uk-exports 19 October 2022

UK announces Export Control Order 2008 amendment

The Export Control Joint Unit (ECJU) has amended the Export Control Order 2008, with changes to Schedule 2 (military goods, software and technology).

The Export Control (Amendment) (No. 2) Order 2022 (SI 2022 No. 1042), comes into force on 3 November 2022.

The Order implements changes to the list of defence-related products. These reflect changes to the Wassenaar Arrangement munitions list.

The Order also implements changes to the European Common Military List, in accordance with the United Kingdom’s commitments under the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement (“the NI Protocol”). These changes reflect recent amendments to Directive 2009/43/EC of 6 May 2009 made by Commission Delegated Directive (EU) 2021/1047 of 5 March 2021. The 2009 Directive, as amended, applies to and in the United Kingdom in respect of Northern Ireland by virtue of NI Protocol.

The Order also fixes minor drafting errors.

Changes to Schedule 2 include amendments to definitions and to the control entries ML1, ML5, ML6, ML8, ML9, ML10, ML13, ML17, ML18 and ML21.

ECJU will update the consolidated list of strategic military and dual-use items that require export authorisation in due course.