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
Recommendations
6
Acknowledged
Para 28
A new IT system should not reduce the amount of publicly available information.
Recommendation
A new IT system should not reduce the amount of publicly available information. We seek assurances that the LITE system will enable greater transparency on Open Licences and include a public searchable database as exists under the current SPIRE system. …
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Government Response Summary
The government states that a core design objective of the LITE system is to support transparency objectives and enable scrutiny of the licensing process by stakeholders, but it does not provide specific assurances on features like a public searchable database or enhanced search facilities.
20
Acknowledged
Para 63
In response to our report, the ECJU should give greater detail and analysis on the...
Recommendation
In response to our report, the ECJU should give greater detail and analysis on the reasons identified for companies being found to be non-compliant, especially after a revisit. This analysis should also be included in future editions of the Annual …
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Government Response Summary
The government explains that GDPR and confidentiality restrictions limit the release of identifying information but commits to considering how best to present information in future Annual Reports to improve transparency of the compliance process within these constraints.
27
Acknowledged
Para 84
Despite the Government undertaking to examine the possibility of establishing a system of post-shipment verification...
Recommendation
Despite the Government undertaking to examine the possibility of establishing a system of post-shipment verification for UK exports, no progress appears to have been made. While we fully understand the pressures of, and the need to respond Developments in UK …
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Government Response Summary
The government acknowledges the value of post-shipment verification and is continuing to explore how it might undertake PSV activity in the future, promising an update when available.
29
Acknowledged
While recognising that it is not practicable to carry out post-shipment verification for all exports,...
Recommendation
While recognising that it is not practicable to carry out post-shipment verification for all exports, we recommend that the Government instigate a pilot programme by 2025 of post-shipment verification. This should include on-site inspections to examine the resource implications and …
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Government Response Summary
The government is continuing to explore how it might undertake post-shipment verification activity in the future and will provide an update to the Committees as soon as it is in a position to do so.
30
Acknowledged
Para 91
We welcome the inclusion of an export controls section in the FCDO’s annual Human Rights...
Recommendation
We welcome the inclusion of an export controls section in the FCDO’s annual Human Rights and Democracy Report. However, consideration of human rights should also be better mainstreamed into future Strategic Export Controls Annual Reports. We recommend that future Strategic …
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Government Response Summary
The government will consider how future Strategic Export Controls Annual Reports can best demonstrate how it takes the list of human rights priority countries into account in licensing decisions and exercising export controls, without compromising national security or commercial confidentiality.
34
Acknowledged
Para 105
We commend the UK Government for voting in favour of renewing the mandate of the...
Recommendation
We commend the UK Government for voting in favour of renewing the mandate of the Group of Experts on Yemen. However, we are alarmed that the majority of international delegates voted to end the mandate. We urge the Government to …
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Government Response Summary
The Government welcomes the commendation for its vote and notes the alarm that the mandate failed, stating they continue to work with international partners to explore alternative ways to ensure continued monitoring and reporting on the human rights situation in Yemen.
Conclusions (8)
1
Conclusion
Acknowledged
Para 15
We are disappointed at the continued reluctance of the Government to offer the Foreign and International Trade Secretaries of State to provide us with oral evidence. This risks giving the impression that the Government do not attach the appropriate importance to parliamentary scrutiny of strategic export controls. While we appreciate …
Government Response Summary
The government acknowledged the committee's important scrutiny role and commitment to engagement, referencing a recent ministerial visit and regretting past scheduling issues, but did not commit to offering the named Secretaries of State for oral evidence or longer sessions.
3
Conclusion
Acknowledged
Para 25
Whilst we welcome the information contained in the Strategic Export Controls Annual Report, stakeholders argue it is too descriptive of events and does not drill down sufficiently to provide qualitative or quantitative analysis of the data. We share stakeholders’ concerns about the transparency of information available on Open Licences, especially …
Government Response Summary
The government expresses gratitude for the committee's perspective and requests more specific input from stakeholders on how to improve data presentation in future publications. It also highlights that data on open licences is already available through its searchable database.
7
Conclusion
Acknowledged
Para 37
We appreciate the hard and diligent work of ECJU staff during the Covid pandemic. We recognise that this has been a busy time for the ECJU, with COVID related delays causing additional difficulties.
Government Response Summary
The government appreciated the committee's recognition of ECJU staff's efforts during the COVID-19 pandemic and elaborated on how the unit maintained services and supported exporters during that challenging period.
13
Conclusion
Acknowledged
Para 50
We are concerned about the lack of consultation on the new Strategic Export Licensing Criteria. While we note that previous changes to the criteria have not Developments in UK Strategic Export Controls 45 been subject to formal consultation, we believe that the unique circumstances of the UK’s withdrawal from the …
Government Response Summary
The government notes the committee's conclusions regarding the lack of consultation on new Strategic Export Licensing Criteria and explains the rationale for the amendments made, citing alignment with international obligations and strategic objectives.
14
Conclusion
Acknowledged
Para 51
We thank the Secretary of State for International Trade for writing to us setting out the background to the new Criteria. However, we would have appreciated prior notification and consultation on the changes. Prior scrutiny of, and consultation on, these changes with Parliament and stakeholders more widely, would have helped …
Government Response Summary
The government noted the committee's conclusion and explained that discussions about the changes to the Criteria only began late in 2021, leading to the decision to amend them without prior consultation.
28
Conclusion
Acknowledged
Para 85
We do not envisage a UK post-shipment system as replacing the need for stringent checks and robust application of the licensing criteria at the application stage. Rather such a system should be seen as complementary to the pre-licence checks and equally important as even with the best pre-licence systems, there …
Government Response Summary
The government recognizes the value of post-shipment verification as a complement to pre-licensing checks and is continuing to explore how it might undertake PSV activity in the future and will provide an update to the Committees as soon as it is in a position to do so.
35
Conclusion
Acknowledged
Para 109
While we fully support the Government prioritising the evacuation of people over the repatriation of equipment, we are concerned about reports of military items that are now in the hands of adversaries following the withdrawal of coalition forces from Afghanistan. We support the decision to remove Afghanistan as a permitted …
Government Response Summary
The government acknowledges the concerns about military items in the hands of adversaries in Afghanistan and notes the committee's support for removing Afghanistan as a permitted destination for Open General Export Licences.
44
Conclusion
Acknowledged
The quickening pace of technology advancements and the expected changes in the character of conflict will require swift and holistic action to ensure that the current international approach to technology governance remains fit-for-purpose. (Paragraph 134) 50 Developments in UK Strategic Export Controls
Government Response Summary
The government notes the committee's conclusion regarding technology governance and states that discussions about changes to the Criteria began in late 2021, leading to amendments aligning them with international legal obligations and strategic export objectives.