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The export of certain goods has been subject to regulation for many years. However, the last UK legislation relating to military list goods was implemented in 1939 at the beginning of World War II and therefore required updating to reflect the changes in business practices and technology.

The new Act, in force from 1 May 2004, provides increased transparency and accountability, and introduces new powers to control:

  • the transfer of technology by any means
  • the provision of technical assistance overseas
  • trade (trafficking and brokering) between overseas countries

What the changes mean for you and your business
Under previous legislation, it was possible to ‘catch’ all exports at the point they left the Company i.e. through the Shipping Office; therefore, even if a Company had a poor compliance programme, it was possible to be compliant because there was a ‘safety net’. This situation no longer exists. The impact of the new legislation is that anyone with access to a fax machine, the internet and in some circumstances a telephone may inadvertently export controlled technology from the Company.

There is also an increase in penalties for non-compliance; fines are unlimited and the maximum prison sentence has been raised to 10 years.

Implementing the new controls
The key to implementing these controls is for awareness training across all Companies dealing in international trade and a revamping of compliance procedures, the intention being for people to question their activity and to ask for help. Together the Company can then self-regulate and where possible, utilise their existing records and systems to meet the record keeping requirements of the new controls.

Import and Export Solutions has developed computer based training material to meet the needs of Industry. It is intended to supplement the ‘Compliance Code of Practice’ issued by the DTI Export Control Organisation (visit the DTI website for more information) and has been developed by professionals who have many years experience in this field.

Changes in legislation
Changes cover the following areas:

  • Business Travel
  • Transmitting technology by email or fax
  • Telephone conversations
  • Movements between overseas companies
  • Unmanned Air Vehicles and components
  • Long-range missiles and components
  • Embargoed destinations
  • Transport
  • Finance
  • Promotional Services
  • UK people anywhere in the world
  • Visitors to the UK

For more information about training on Export Control Legislation and other topics visit the training section of our website or contact us for further information.

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