Introduction to Green Light Exports


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Introduction to Green Light Exports

  2. 2. What We Offer Training and advice on all aspects of UK, EU and US export controls  Tailored to your specific needs  identifying exports which are likely to be refused a licence, before you invest resources in marketing and tendering  Identifying opportunities within the constraints of sanctions and embargoes  Assessing the risks of sensitive exports which are not yet controlled  how you may be affected by ITAR, EAR, OFAC financial sanctions and Anti-Boycott rules 2
  3. 3. We can help you navigate the UK trade licensing process Applicant (application) Licence Reception Licensing Unit Licensing Unit Applicant (RFIs) Enforcement Unit Other Government Departments (OGD) Advisors DECC CWC NSG DfID CHSD Posts GCHQ CESG MOD Licence Issued OIEL REJECTE D Apply for SIELs Applicant (exports) Technical Assessment Unit ECO Compliance Unit Visit OIEL Suspended Applicant (RFIs) Report to ECO via Spire FCO CPD AEPT Posts 3
  4. 4. … the MOD F680 process EXPORTER MOD ACP Capability Protection Def Sy (Sc & Tech) FCO AEPD ELT, IOD, SecPol HRDGG, Posts Defence Intelligence Staff DFID 4
  5. 5. 5 … US regulations EAR ANTI- BOYCOTT
  6. 6. … and to understand sanctions and embargoes Countries subject to embargo or other restrictions Afghanistan, Argentina, Armenia, Azerbaijan, Belarus, Burma, China, Ivory Coast, DR Congo, DPRK, Eritrea, Guinea, Iran, Iraq, Lebanon, Liberia, Libya, Russia, Somalia, Sudan, Syria, South Sudan, and Zimbabwe
  7. 7. Our Courses  tailored to your requirements at your premises  directly relevant to your specific needs  practical and interactive, demystifying the complexities, and encouraging the exchange of ideas and best practice between delegates  Our reference materials help ensure what’s learned is put effectively into practice  Tailored to specific audiences… 7
  8. 8. Board/Senior Managers  Strategic overview of corporate compliance responsibilities  the UK Government's export control policy  political and reputational risks  international, EU and national trends and developments in export controls and sanctions  analysis of specific products, markets and end-users from an export control perspective  best practice for ensuring compliance and the penalties for non-compliance 8
  9. 9. All Staff  why controls exist  what items and activities are controlled, including technology  the main types of licence  awareness of suspicious orders  best practice to ensure compliance 9
  10. 10. Staff Involved in Exports – Part 1  the international context: the EU, US and national legal framework; the security and political context; future trends and potential developments  Control Lists: for each of the 7 main lists: their objectives; how they are agreed; how to identify and classify your products  End-Use/Catch-all Controls: their objectives; how they work; how to know when they apply; being alert to suspicious enquiries  Sanctions, embargoes: UN, OSCE, EU, US, and UK regimes; understanding what is prohibited and what is exempt 10
  11. 11. Staff Involved in Exports – Part 2  Software, Technology and Encryption: understanding what is controlled; interpretation of the 'cryptology note'; trends and future developments  Finding the best licence available: the different types of licence; using open licences; F680 requirements, provisos and other considerations  Completing licence applications: step-by-step through the process; common pitfalls and how to avoid delays  How licence applications are assessed: the EU Common Position; licence refusals and how to avoid them; how to appeal 11
  12. 12. Staff Involved in Exports – Part 3  Compliance Systems: how to set up and implement an efficient and effective system; how to shine at an export control Compliance Audit; understanding HMRC enforcement practice; what to do if things go wrong  Trade, brokering, transit and transhipment controls: goods and activities subject to control; the licences available; compliance and enforcement  Trading Best Practice: Anti-Bribery laws, EU Conflict Minerals regulations, UK Business and Human Rights principles  US controls:  the International Traffic in Arms Regulations (ITAR)  Export Administration Regulations (EAR)  Office of Foreign Assets Control (OFAC)  anti-boycott regulations How these can affect UK companies that use or resell US-origin products, components or technology; and the impact of changes resulting from the US Export Control Reform initiative. 12
  13. 13. 13 How to avoid delays with licence applications Query Cause(s) EUU EUU and ELA contain contradictory information. The EUU is out of date, unsigned or is signed by multiple parties. It’s not possible to determine who signed the EUU (no letter head). EUU contains an electronic signature. Tech Specs. The technical information does not include the relevant assessment parameters from the related control entry. Goods Descriptions The goods description should describe the goods, not their design origin or purpose. Third Parties There are third parties / ultimate end users listed on the EUU that are not listed on the application. Incorporation Knowing when your consignee is your end user because they are incorporating or integrating your goods.
  14. 14. We look in detail at equipment/end-user combinations Nigeria: CT/Surveillance Equipment  All applications to export equipment that could be linked to the arrest and subsequent mistreatment of suspects, such as mobile phone tracking equipment, will be subject to close scrutiny. HMG has not recently authorised the permanent export of any lethal equipment to the Nigerian Armed Forces or Police.  There are specific concerns surrounding the use of surveillance equipment, such as that used for mobile phone interception, by the Nigerian authorities including the Department of State Services (the State Security Services)  HMG will look closely at the potential proximity of such equipment to allegations of mistreatment in detention centres and whether that equipment is sufficiently linked to the mistreatment of those incarcerated if it is used during arrest and detention procedures  approval of equipment for direct use in CT operations in Nigeria would be highly unlikely under the present circumstances 14
  15. 15. We analyse the reasons for past export licence refusals (2013 figures) 0 50 100 150 200 250 TOTAL 8 – Economic capacity of buyer… 7 - Risk of diversion 6 – Behaviour of buyer country 5 – UK National security 4 – Regional instability 3 – Internal tensions or conflict 2 – Internal repression 1 - Embargoes/Treaties 15
  16. 16. We cover all emerging markets 16
  17. 17. Who we are Richard Tauwhare MVO Until early 2014, Richard headed the Arms Export Policy Department of the Foreign and Commonwealth Office, promoting and controlling trade in defence, security and dual use goods. He led the teams representing the UK in the international fora which determine UK controls and was part of the leadership of the cross-Government export control community. He combines this expertise with experience as a trainer, having formerly been the Foreign Office’s Head of Training, responsible for the design and delivery of learning and development for 15,000 staff. In 33 years with the FCO, Richard promoted UK exports overseas and negotiated in a wide range of arms control and other international fora. He remains a frequent speaker at international and national conferences. 17
  18. 18. Thank you - Any questions? 18 Richard Tauwhare Green Light Exports Consulting Email: Web: Phone: +44(0)770 311 0880