On December 8, the UK Government has announced a set of measures toward the revision of the UK’s export control regime.
Published following a review of the regime by the government, the measures reflect substantial amendments made to the licensing criteria for export controls.
The controls will apply to the export, trade and transfer; transit/transshipment of software, technology and items that are subject to control for strategic reasons; as well as to providing technical assistance and services related to those items.
Main revisions
The revisions made to Criterion Two broadened the scope of the term “internal repression” as a circumstance in which the UK Government will not license certain items The term now encompasses violations of fundamental freedoms and human rights. Amendments are also made to the factors assessed to pinpoint the risk of “undermining internal peace and security” as covered by Criterion three.
“Risk of facilitating Gender-based violence” & violence against women or children included as a factor.
The revisions made to Criterion Four has added to the range of factors to be taken into account when assessing the impact of the items on peace and security, to include whether the items might be used to commit or facilitate GBV (gender-based violence) or violence against women or children.
As an amendment to Criterion Six, the circumstances in which the UK government will not grant a licence are revised to include items that may be used to facilitate or commit offences related to transnational organized crime. Previously, the criterion was limited to risks of items’ being used for terrorism purposes. Criterion Seven is expanded to highlight the risk of diversion of end-users, urging the government to consider the risk of undesirable end-use.
The other factors stated among criteria contain the provision that enables the government to refuse granting licenses if the items for export will have a considerable negative impact on UK’s international ties.
The New Criteria will be applied to immediate effect, to all license decisions including decisions on appeals.
