Plans for exports after a no-deal Brexit attain new urgency

The crushing defeat of UK Prime Minister Theresa May’s withdrawal agreement in the House of Commons brings the prospect of a ‘no-deal’ Brexit on 30 March closer, with implications for exporters.

In December, the European Union enacted a package of ‘bare bones’ emergency measures aimed at mitigating disruption in financial services, air transport, climate policy and customs.

These include a proposed amendment to EU Council Regulation (EC) No 428/2009 (the Dual-Use Regulation) to include the UK in the list of authorised destinations for the export of dual-use goods after a hard Brexit, alongside other perceived ‘safe’ destinations, the US and Canada.

The UK’s Department for International Trade (‘DIT’) and Export Control Joint Unit (‘ECJU’) has also published guidance to exporters indicating that in the event of a ‘no-deal’ Brexit, it would publish a new open general export licence in advance of the UK leaving the EU, with attendant information on registration and use.

See here for the EU’s contingency plan:
http://europa.eu/rapid/press-release_IP-18-6851_en.htm

See here for details of EU’s proposed amending Council Regulation (EC) No 428/2009 by granting a Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom of Great Britain and Northern Ireland:
https://ec.europa.eu/info/sites/info/files/891_2_en_act_part1_v7.pdf

See here for UK government’s guidance on exporting controlled goods in event of ‘no-deal’ Brexit:
https://www.gov.uk/government/publications/exporting-controlled-goods-if-theres-no-brexit-deal/exporting-controlled-goods-if-theres-no-brexit-deal