Import and Export Compliance

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Import & Export Control

A Brief Introduction

Why do we have Export controls?

To promote global security through strategic export controls, facilitating responsible exports

Control the irresponsible export of arms, ammunition and related material which could contribute to regional instability or internal repression, and goods intended for civil purposes which can also contribute to the destabilising build-up of conventional arms or the development of weapons of mass destruction and the missiles to deliver them.

What goods are affected?

"Military List"

Military, security and para-military goods, software and technology and arms, ammunition and related material

Explosive - related goods and technology
Typically anything specially designed or modified for military use
Found in schedule 1 to the Main Order
Require a licence for export to any destination

"Dual-use Goods, Software and Technology"

These are so called as they have military AND civil applications
Most are specified in the Annexes to the EC Reg but there are some additional national dual-use controls
Technical parameters must be met
Require a licence for export outside the EC - in most cases Nomenclature - < 5 digit unique identifying entry code

Controlled Activities

The export or transfer of listed goods, software or technology - this applies to military and dual-use goods
The trade in listed military goods
Trade is the involvement in deals which result in the movement of military goods from one third country to another
WMD end-use control
Goods, software and technology must meet the definition of "any relevant use" Need to know, have been informed, or in some cases suspect, that the goods, software or technology will be so used

Points to Consider

Understand if/where/why your goods are controlled
Think about associated software and technology
Consider the different means by which software and technology can be transferred
Consider all your companies activities - Trade Controls
Know your customer - WMD Controls
Every export is an import....and vice versa
Transhipment issues
Record keeping and compliance
Staff training and awareness