November 19, 2018

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UK Provides Guidance on Exporting Controlled Goods if There is No Brexit Deal

The Department for International Trade has produced guidance, published on August 23, 2018, informing stakeholders how export controls would be affected if the UK leaves the EU with no deal. The notice explains how export licensing requirements for different groups of items would change and what the UK government proposed to simplify licensing.

The export of many controlled items within the EU does not require a license. If the UK were to leave the EU without a deal, licenses would be required for export of these items from the UK to EU countries.

The notice advises that current regulations would continue to apply in the same way. However, regulations would apply to exports from the UK rather than to exports from the EU Customs  Territory. EU regulations on the export of civilian firearms, dual-use items and goods that may be used for torture or capital punishment would become UK regulations under the EU (Withdrawal) Act 2018.

Exporters to EU countries should check whether the items they export may be subject to control. As a guide, licensing provisions in current legislation for “third countries” (non-EU countries) can  give an idea of expected licensing provisions for exports to EU countries in the case of a “no deal” scenario.

© Copyright 2018 Squire Patton Boggs (US) LLP

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