Source · Select Committees · Committees on Arms Export Controls

First Joint Report - Developments in UK Strategic Export Controls

Committees on Arms Export Controls HC 282 Published 28 October 2022
Report Status
Government responded
Conclusions & Recommendations
46 items (34 recs)
Government Response
AI assessment · 46 of 46 classified
Accepted 15
Accepted in Part 7
Acknowledged 14
Deferred 5
Not Addressed 2
Rejected 3
Filter by: Clear

Recommendations

12 results
2 Accepted

We acknowledge that the Annual Report contains a substantial amount of information that is helpful...

Recommendation
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 … Read more
Government Response 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 Accepted
Para 38

We welcome the decision to launch the ECJU Transformation Programme and the opportunity it provides...

Recommendation
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 … Read more
Government Response 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 Accepted
Para 41

We are concerned by evidence regarding insufficient resources within the ECJU, particularly technical and specialist...

Recommendation
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 … Read more
Government Response 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 Accepted
Para 64

Providing exporters with training will always improve compliance results and make the compliance visit process...

Recommendation
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 … Read more
Government Response 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 Accepted
Para 73

We welcome HMRC’s increase in resources for Customs A/B.

Recommendation
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 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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25 Accepted
Para 75

We can find no explanation for the lack of published data on convictions for export...

Recommendation
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 … Read more
Government Response 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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33 Accepted
Para 104

We are concerned that previous exports to Saudi Arabia may demonstrate an inconsistency in the...

Recommendation
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 … Read more
Government Response 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 Accepted
Para 110

While the priority should always be the safety and evacuation of people, we seek assurances...

Recommendation
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 … Read more
Government Response 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 Accepted
Para 112

We welcome the Government’s swift action on exports to Hong Kong following the Chinese Government’s...

Recommendation
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 … Read more
Government Response 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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39 Accepted
Para 116

In response to our Report, the Government should set out the steps it took in...

Recommendation
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 … Read more
Government Response 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 Accepted
Para 124

We welcome the sanctions put in place following the annexation of Crimea in 2014 and...

Recommendation
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 … Read more
Government Response 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 Accepted
Para 125

We are very concerned about continuing reports of UK components being found in Russian systems.

Recommendation
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 … Read more
Government Response 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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Conclusions (3)

Observations and findings
24 Conclusion Accepted
Para 74
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 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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31 Conclusion Accepted
Para 102
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 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 case-by-case basis against the Consolidated Criteria.
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38 Conclusion Accepted
Para 115
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 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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