export-controls
23 May 2019
UK updates post-Brexit (no deal) OGEL
The UK’s Department for International Trade (‘DIT’) has updated the open general export licence (‘OGEL’) for export of dual-use items to EU Member States which it published in February.
DIT says that the list of items excluded from the scope of the licence ‘has been amended to ensure the OGEL is in line with Article 9.4a of Council Regulation (EC) No. 428/2009, as retained by the European Union (Withdrawal) Act 2018 (“the Retained Regulation”). This means the OGEL excludes items listed in Annex IIg of the Retained Regulation. As a result, an individual licence will be required for export of any of these items to the EU or the Channel Islands once the UK leaves the EU.’
It says that Annex IIg covers:
- all items specified in Annex IV,
- 0C001 ‘Natural uranium’ or ‘depleted uranium’ or thorium in the form of metal, alloy, chemical compound or concentrate and any other material containing one or more of the foregoing,
- 0C002 ‘Special fissile materials’ other than those specified in Annex IV,
- 0D001 ‘Software’ specially designed or modified for the ‘development’, ‘production’ or ‘…’ of goods specified in Category 0, in so far as it relates to 0C001 or to those items of 0C002 that are excluded from Annex IV,
- 0E001 ‘Technology’ in accordance with the Nuclear Technology Note for the ‘development’, ‘production’ or ‘…’ of goods specified in Category 0, in so far as it relates to 0C001 or to those items of 0C002 that are excluded from Annex IV,
- 1A102 Resaturated pyrolised carbon-carbon components designed for space launch vehicles specified in 9A004 or sounding rockets specified in 9A104,
- 1C351 Human and animal pathogens and ‘toxins’,
- 1C353 Genetic elements and genetically modified organisms,
- 1C354 Plant pathogens,
- a.1. amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolate (78-53-5) and corresponding alkylated or protonated salts,
- a.2. PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene (382-21-8),
- 7E104 ‘Technology’ for the integration of flight control, guidance and propulsion data into a flight management system for optimisation of rocket system trajectory,
- a. Hybrid rocket propulsion systems with total impulse capacity exceeding 1.1 MNs,
- 9A117 Staging mechanisms, separation mechanisms and interstages usable in ‘missiles’.
