Recommendations & Conclusions
15 items
2
Recommendation
First Joint Report - Developments in U…
Accepted
We acknowledge that the Annual Report contains a substantial amount of information that is helpful for our inquiries and that strategic export controls cover a wide range of areas so it is not always clear which specific topics will arise as our inquiry proceeds. However, it is regrettable that the …
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We acknowledge that the Annual Report contains a substantial amount of information that is helpful for our inquiries and that strategic export controls cover a wide range of areas so it is not always clear which specific topics will arise as our inquiry proceeds. However, it is regrettable that the Government have in recent years only seen fit to submit a one-page letter welcoming our inquiries and giving a very brief general overview of its performance and policy developments during the year. We would, at the very least, expect the Government to submit written evidence addressing the inquiry’s terms of reference. This would potentially save a lot of subsequent enquiries to the Government as our inquiry proceeds. We also expect the Government to be more proactive in notifying us of proposed policy developments. (Paragraph 16) Strategic Export Controls Annual Reports
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Government response AI summary
The government notes the committee's expectations, highlighting that the Annual Report is substantive and that ECJU has already provided extensive written information throughout the inquiry to supplement it, suggesting current practices are sufficient.
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8
Recommendation
First Joint Report - Developments in U…
Accepted
We welcome the decision to launch the ECJU Transformation Programme and the opportunity it provides to improve and reform the work of the ECJU and its relationships with stakeholders. However, given the duty of DIT to inform us of relevant developments, it is disappointing that the Department did not do …
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We welcome the decision to launch the ECJU Transformation Programme and the opportunity it provides to improve and reform the work of the ECJU and its relationships with stakeholders. However, given the duty of DIT to inform us of relevant developments, it is disappointing that the Department did not do so on this occasion. Instead, we learned of its existence from the MoD’s Defence and Security Industrial Strategy. We expect the Government to be more proactive in informing us of future policy developments.
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Government response AI summary
The ECJU commits to providing the Committee with regular updates on its transformation and continuous improvement activities, establishing a new dedicated engagement team, and delivering a new stakeholder engagement strategy in 2023.
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11
Recommendation
First Joint Report - Developments in U…
Accepted
We are concerned by evidence regarding insufficient resources within the ECJU, particularly technical and specialist roles and Compliance Officers. The ECJU Transformation Programme should include a review of ECJU resources. Future editions of the Annual Report should include data on ECJU resources including staff levels by grade, post and parent …
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We are concerned by evidence regarding insufficient resources within the ECJU, particularly technical and specialist roles and Compliance Officers. The ECJU Transformation Programme should include a review of ECJU resources. Future editions of the Annual Report should include data on ECJU resources including staff levels by grade, post and parent department.
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Government response AI summary
The government acknowledged recruitment challenges but stated that ECJU has made positive progress in filling vacancies, recruiting specialist staff, and expanding its presence, implying existing measures address resource concerns without committing to a specific review or new reporting.
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21
Recommendation
First Joint Report - Developments in U…
Accepted
Providing exporters with training will always improve compliance results and make the compliance visit process run more smoothly, particularly when companies do not export regularly. We recommend that the Government actively encourage more peer-to-peer, trade bodies or ECJU Awareness training opportunities.
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Providing exporters with training will always improve compliance results and make the compliance visit process run more smoothly, particularly when companies do not export regularly. We recommend that the Government actively encourage more peer-to-peer, trade bodies or ECJU Awareness training opportunities.
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Government response AI summary
The government commits to developing a new engagement strategy to actively seek more peer-to-peer, trade body, and ECJU Awareness training opportunities, including restarting face-to-face events, providing training courses, and improving digital resources.
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23
Recommendation
First Joint Report - Developments in U…
Accepted
We welcome HMRC’s increase in resources for Customs A/B. In response to our report, HMRC should set out how it will measure the impact and effectiveness of these increased resources.
Government response AI summary
The government accepted the recommendation, outlining that HMRC will use existing management information tools to measure the impact of increased Customs A/B resources, including case numbers, resolutions, and border interventions, with this data to be provided in annual submissions.
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24
Conclusion
First Joint Report - Developments in U…
Accepted
Given the apparent low level of strategic exports and sanctions prosecutions, especially in recent years, we are disappointed that when we asked if the Government had any plans to review the effectiveness of the relevant legislation, they simply stated that enforcement was a matter for HMRC. HMRC are responsible for …
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Given the apparent low level of strategic exports and sanctions prosecutions, especially in recent years, we are disappointed that when we asked if the Government had any plans to review the effectiveness of the relevant legislation, they simply stated that enforcement was a matter for HMRC. HMRC are responsible for enforcing the legislation put forward by the Government and passed by Parliament. It is not HMRC’s role to assess the effectiveness of legislation. This is a matter for the Government and if changes are required it is for Parliament to legislate for them.
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Government response AI summary
The government states that export control legislation is already kept under regular review to ensure effectiveness and that ECJU will continue to work closely with HMRC on enforcement, implying no new action is needed despite the committee's concerns.
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25
Recommendation
First Joint Report - Developments in U…
Accepted
We can find no explanation for the lack of published data on convictions for export controls violations, especially as this information has been provided to us in written evidence when requested. We recommend that the data provided to us on individual convictions on export controls/customs violations should be included in …
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We can find no explanation for the lack of published data on convictions for export controls violations, especially as this information has been provided to us in written evidence when requested. We recommend that the data provided to us on individual convictions on export controls/customs violations should be included in future editions of the Strategic Export Controls Annual Report.
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Government response AI summary
The government accepted the recommendation and committed to HMRC providing convictions data for export control violations for inclusion in future Annual Reports.
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31
Conclusion
First Joint Report - Developments in U…
Accepted
We note the high-level of concern that exists regarding exports to Saudi Arabia and her coalition partners of items that may be used in the conflict in Yemen. This conflict is tragic and we call on all sides to give renewed urgency to finding a solution. It is of the …
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We note the high-level of concern that exists regarding exports to Saudi Arabia and her coalition partners of items that may be used in the conflict in Yemen. This conflict is tragic and we call on all sides to give renewed urgency to finding a solution. It is of the utmost concern that exports were made in breach of the Government’s undertakings to the Court of Appeal. Lessons must be learned around the mechanisms for sharing information and intelligence between departments that make up the ECJU. We support the work of the Mills Review. However, we share concerns expressed by witnesses that this could happen again in respect of exports to other nations.
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Government response AI summary
The government has learned lessons from the Court of Appeal judgment and has taken steps to improve the mechanisms for sharing information and intelligence between departments that make up the ECJU; it assesses all export licences for Saudi Arabia and her coalition partners on a …
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33
Recommendation
First Joint Report - Developments in U…
Accepted
We are concerned that previous exports to Saudi Arabia may demonstrate an inconsistency in the application of the previous Consolidated Criteria. In response to our report the Government should set out its reasons for deeming that such exports are not in breach of the Criteria. The Government should also set …
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We are concerned that previous exports to Saudi Arabia may demonstrate an inconsistency in the application of the previous Consolidated Criteria. In response to our report the Government should set out its reasons for deeming that such exports are not in breach of the Criteria. The Government should also set out its assessment of the impact of the new Strategic Export Licensing Criteria on exports to Saudi Arabia.
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Government response AI summary
The government states that all export licence applications are assessed on a case-by-case basis against the Consolidated Criteria, and that the new Strategic Export Licensing Criteria provide a robust framework for assessing export licence applications to Saudi Arabia.
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36
Recommendation
First Joint Report - Developments in U…
Accepted
While the priority should always be the safety and evacuation of people, we seek assurances that the Government plans for the risk of military items falling into the hands of adversaries when undertaking operations, especially when planning the withdrawal from conflict zones. In response to our Report, the Government should …
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While the priority should always be the safety and evacuation of people, we seek assurances that the Government plans for the risk of military items falling into the hands of adversaries when undertaking operations, especially when planning the withdrawal from conflict zones. In response to our Report, the Government should set out the mechanisms in place to do so and what lessons have been learned from the withdrawal from Afghanistan.
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Government response AI summary
The government recognizes the importance of planning for the risk of military items falling into the hands of adversaries and states it has robust mechanisms in place, including risk assessments, contingency planning, and close coordination with allies, and that lessons were learned from Afghanistan.
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37
Recommendation
First Joint Report - Developments in U…
Accepted
We welcome the Government’s swift action on exports to Hong Kong following the Chinese Government’s decision to impose a National Security Law there. This illustrates how an export control system should work; by being adaptive to changing circumstances and the heightened danger of such exports being used for internal repression. …
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We welcome the Government’s swift action on exports to Hong Kong following the Chinese Government’s decision to impose a National Security Law there. This illustrates how an export control system should work; by being adaptive to changing circumstances and the heightened danger of such exports being used for internal repression. The Government should use this as an example of best practice and examine the lessons that can be learned for situations where the response has not worked as effectively and speedily, for example in Afghanistan.
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Government response AI summary
The government welcomes the Committees’ support for its swift action on exports to Hong Kong and will use this as an example of best practice and examine the lessons that can be learned for situations where the response has not worked as effectively.
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38
Conclusion
First Joint Report - Developments in U…
Accepted
We welcome the Government’s action in October 2019 to not grant further export licences to Turkey for items that might be used in military operations in Syria. However, we are concerned that no information was given on action taken in respect of exports for which licences had already been granted.
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We welcome the Government’s action in October 2019 to not grant further export licences to Turkey for items that might be used in military operations in Syria. However, we are concerned that no information was given on action taken in respect of exports for which licences had already been granted.
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Government response AI summary
Following the 2019 announcement regarding exports to Turkey, the government suspended all extant export licenses for items that might be used in military operations in Syria and conducted a thorough review, revoking some licenses and seeking assurances for others.
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39
Recommendation
First Joint Report - Developments in U…
Accepted
In response to our Report, the Government should set out the steps it took in respect of licences already granted prior to the October 2019 announcement. In the interest of transparency, the Government should also provide details of the additional assessments that were made and the factors taken into account …
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In response to our Report, the Government should set out the steps it took in respect of licences already granted prior to the October 2019 announcement. In the interest of transparency, the Government should also provide details of the additional assessments that were made and the factors taken into account in decision making in respect of exports to Turkey following its 2019 announcement. The Government Developments in UK Strategic Export Controls 49 should also set out the rationale for its December 2021 announcement that it is satisfied that decisions on all licence applications to Turkey can be taken, following a careful assessment against the Strategic Export Licensing Criteria on a case-by-case basis.
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Government response AI summary
Following the 2019 announcement regarding exports to Turkey, the government suspended all extant export licenses for items that might be used in military operations in Syria and conducted a thorough review, revoking some licenses and seeking assurances for others.
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40
Recommendation
First Joint Report - Developments in U…
Accepted
We welcome the sanctions put in place following the annexation of Crimea in 2014 and the invasion of Ukraine in 2022. However, it is unacceptable that the EU sanctions legislation in 2014 included a prior contracts clause permitting licences where the export concerned the execution of an obligation arising from …
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We welcome the sanctions put in place following the annexation of Crimea in 2014 and the invasion of Ukraine in 2022. However, it is unacceptable that the EU sanctions legislation in 2014 included a prior contracts clause permitting licences where the export concerned the execution of an obligation arising from a contract or an agreement concluded before 1 August 2014. In response to our report the Government should set out the lessons learned from this incident and how it will ensure this situation is not repeated. Following the UK’s withdrawal from the EU it will be necessary to coordinate efforts with the EU with regards to Russia and Ukraine and future crises.
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Government response AI summary
The government will ensure that future sanctions legislation does not include a prior contracts clause, to prevent the export of goods that could be used to undermine security or violate international law.
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41
Recommendation
First Joint Report - Developments in U…
Accepted
We are very concerned about continuing reports of UK components being found in Russian systems. In response to our report, the Government should set out the actions it is taking, in conjunction with allies. to close down Russia’s ability to acquire replacement foreign-made components that are critical to its systems. …
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We are very concerned about continuing reports of UK components being found in Russian systems. In response to our report, the Government should set out the actions it is taking, in conjunction with allies. to close down Russia’s ability to acquire replacement foreign-made components that are critical to its systems. The Government should also give further details of the recent revision to UK military end use controls that will provide additional scope to control the export of items not on the lists of items subject to an export licence to destinations subject to an arms embargo.
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Government response AI summary
The Government states it is already taking robust action, in conjunction with allies, to close down Russia’s ability to acquire replacement foreign-made components, including strengthening export controls and working with industry.
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