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UK Export Control-a-Rama: Notice to exporters 2022/29 (revisions to licence undertakings & expiration of the old stuff)

Notice

NTE 2022/29: Revised licence undertakings and notice of expiry of previous undertaking templates 

Published 29 November 2022

Contents

  1. Introduction
  2. Undertakings and standard licence applications
  3. End-user certificate (EUC) for chemicals listed in schedule 3 of the chemical weapons convention (CWC)
  4. Revision of undertaking templates
  5. Notice of expiry of previous undertaking templates

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Introduction

When using an open individual export licence (OIEL) you will need to obtain a completed OIEL consignee undertaking from each consignee, as per the terms and conditions of the licence.

When using the military goods, software, and technology open general export licences (OGEL) you will need to obtain a completed OGELconsignee undertaking for each consignee, as per the terms and conditions of the licence.

If you apply for either a standard individual export licence (SIEL) or a standard individual trade control licence (SITCL) then one of the most important aspects of your application is remembering to attach either an end user undertaking or stockist undertaking (EUU or SU) as one of the supporting documents.

Undertakings and standard licence applications

End user undertakings or stockist undertakings should be obtained by the exporter or licence applicant and completed by the end-user company overseas or the stockist end user company overseas. The purpose of the undertaking is to provide assurances about the use of items for end-use control purposes.

ECJU return many licence applications to the applicant because of errors with the undertakings, which can lead to time delays. To avoid delays to your applications, you, the UK exporter, must have procedures in place to ensure that:

  • the correct undertaking documents are completed
  • all sections of the undertaking are completed legibly and are either in English or accompanied by an authorised translation
  • the undertaking is signed and dated by an authorised person in the end-user company or stockist end-user company
  • a covering letter (if required) is from the same authorised person in the overseas company is also attached to the undertaking
  • a copy of the completed undertaking form and covering letter accompany your application when it is submitted to ECJU

End-user certificate (EUC) for chemicals listed in schedule 3 of the chemical weapons convention (CWC)

This form must be used:

  • for chemicals listed in schedule 3 of the CWC
  • if the end-user destination is not in the list of state parties to the CWC

The overseas end-user or consignee receiving the products must complete the certificate. They must also supply a covering letter. This must be on the original official headed paper of the overseas company.

This form is available online and can be accessed by going to the end-user certificate form.

Revision of undertaking templates

The following are the sections that have been revised slightly, to incorporate the word ‘UK’:

  • paragraph 4 on end user undertakings (EUU),
  • paragraph 3 on stockist undertakings (SU).
  • section (iii) of the open individual export licence (OIEL) undertaking
  • section (V) of the military goods open general export licence (OGEL) undertaking

The revised wording is: ‘the goods will not be re-exported or otherwise re-sold or transferred to a destination subject to UN, EU, UK, or OSCEembargo where that act would be in breach of the terms of that embargo.’

The revised undertaking templates are available online now:

Notice of expiry of previous undertaking templates

You should start having users use the new undertakings immediately.  Previous versions of the undertakings will only be valid if signed and dated on or before the 31 December 2022. These can then be used up to their date of expiry, which is 6 months for end user and stockist undertakings to support a licence application, and 12 months for OIELand OGEL undertakings to comply with open licence conditions.

Exporters will be required to use undertakings in the new format if signed after the 31 December 2022

Notice to exporters 2022/29

Link:

Notice to exporters 2022/29

Categories: Export Control Export Control Joint Unit Notice to Exporters

eric9to5

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