UK ECO publishes ‘no-deal OGEL’
The United Kingdom’s Joint Export Control Unit has published an open general export licence (‘OGEL’) which will come into force on 29 March – if the UK fails to reach a deal regarding customs and trade with the European Union prior to that date.
The ECJU’s notice to exporters says that the ‘overall framework of controls of dual-use exports would not change, but there would be changes to some licensing requirements:
- The movement of dual-use items from the UK to the EU would require an export licence. This is not currently the case and these movements would, therefore, need to be licensed in the same way as for non-EU destinations.
- Extant export licences issued in the UK would no longer be valid for exporting dual-use items from EU member states. A new licence, issued by an EU member state, would be required.
- Extant export licences issued by the 27 EU countries would no longer be valid for exporting dual-use items from the UK. A new licence, issued by the UK, would be required.’
It says that to understand what controls would apply, ‘licensing provisions in current legislation for a “third country” (a non-EU country) can be taken as a guide to the licensing provisions for exports to EU countries in the case of a “no deal” scenario.’
In December, the European Union proposed an amendment to the EU dual-use export control regime which would include the United Kingdom on Annex EU001, the list of third-party countries considered to be ‘low risk’ –which includes Australia, Canada, Japan, New Zealand, Norway, Switzerland (incl. Liechtenstein), and the United States of America – after the UK’s departure from the EU. The proposed amendment notes that the UK is party to all the relevant treaties and non-proliferation regimes and applies ‘proportionate and adequate controls’.
Moreover, it points out, ‘It is necessary to ensure a uniform and consistent application of controls throughout the EU in order to provide a level playing field for EU exporters and to protect EU and international security.’
and
https://ec.europa.eu/info/sites/info/files/891_2_en_act_part1_v7.pdf
