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 …
Government response. 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.
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 …
Government response. 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.
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 …
Government response. 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.
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.
Government response. 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.
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. 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.
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 …
Government response. 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.
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 …
Government response. The government accepted the recommendation and committed to HMRC providing convictions data for export control violations for inclusion in future Annual Reports.
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 …
Government response. 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 …
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 …
Government response. 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.
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 …
Government response. 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 …
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. …
Government response. 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 …
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.
Government response. 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.
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 …
Government response. 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.
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 …
Government response. 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.
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. …
Government response. 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.