Common misconceptions

'Export Controls only apply to physical items.'

Export controls apply to the transfer of controlled goods, technology or software from the UK to a destination outside the UK. This includes:

• The physical export of items
• Electronic transfers (e.g. fax, email or uploading information to an overseas server)
• Travelling overseas with controlled information on paper, in a laptop (including on Google Drive), USB stick or similar
• Oral transmission (e.g. conversation, telephone or video conferencing) where the detail of a technology contained in a document is read out or communicated in a manner that is substantially the same as providing the recipient with the document
• Trafficking or brokering goods between two overseas countries

'It’s a commercial, off-the-shelf product, so it’s not controlled.'

This is incorrect. The following are just a few examples of commercial off-the-shelf items that are controlled for export:

• Satellite Navigation Systems
• Precision Gyroscopes
• Thermal Imaging Cameras

'Decontrols and exemptions are the same thing, and can apply to anything under basic scientific research.'

Exemptions and Decontrols achieve the same thing, which is the ability to export without a licence however they are different and it is important to know the difference:

• Exemptions apply outside of the control lists, they are overarching principles to export control
• Decontrols apply in specific control entry’s - the decontrol can be as specific as it chooses to be and sets its own limits of the control based on risk

Exemptions and decontrols cannot be applied:

• To physical items, including samples
• Where there are end-use or end-user concerns

'I’m only sending items temporarily, so export controls don’t apply.'

This is incorrect. Temporary international shipments are still considered exports and must comply with all applicable regulations and export controls. This includes taking goods and services out of the UK for:

• events, exhibitions and trade shows
• maintenance and repair
• exporting after exhibition
• samples

'I’m only returning an item, so export controls don’t apply.'

If the items are controlled, you must get an export licence if you’re sending them outside of the UK, including the return of goods, even if they were sent to you in error. 

'It’s a fundamental research project, so export controls don’t apply.'

Export controls don’t apply to the research (provided that the work is truly fundamental), but do apply to equipment and software being used:

• If foreign travel or travel into International Waters is involved, then the equipment and software needs to be assessed prior to export
• If a piece of hardware is created during the fundamental research, then that piece of hardware is subject-to export controls
• If software is created, unless it is made publicly available (available for download by anyone without charge) then it is subject to export controls

'All scientific research is exempt.'

There is an exemption for basic scientific research, however this applies to mostly theoretical research such as projects aimed at discovering new phenomena. Applied research fields or projects aimed at solving known problems are unlikely to be considered basic. This exemption does not apply where there are military end-user concerns.

'Export control licences aren't needed if research is going to be published.'

 There is an exemption for technology that is already in the public domain; however, this does not apply for any exports/transfers of controlled technology that take place prior to publication. The research activity itself could constitute a violation of export controls. This exemption does not apply where there are military end-user concerns.

'It doesn't count as an export if I'm the recipient.'

The rules for digital and physical information are the same. If the destination of controlled technology is outside the UK, you may need an export control licence. This includes downloading emails or accessing controlled data (e.g. on google drive) while you yourself are overseas.

'It doesn't exist yet so it can't be controlled.'

Information or technology needed to develop/maintain/produce etc. controlled items can still be captured under export controls.

'Export controls are new.'

Whilst on January 1, 2021, the UK expanded its export control requirements to include all exports of controlled dual-use items and technologies to the EU, it is not the case that export controls have only recently been put in place. For many years, Export Controls have guarded against illicit trade activities. However, the emergence of new terrorist threats has made it even more vital to ensure that issues of responsibility and compliance are widely known and adhered to.

'Non-proliferation controls are designed to restrict, vet or censor scientific research.'

The government works to positively encourage legitimate collaborative research. The export control legislation is in place to promote global security, avert misuse, often unwitting and preventable in nature, and to prevent the proliferation of weapons of mass destruction, terrorism and human rights abuses. 

'Export Controls are unique to the UK research community.'

It is not the case that research communities in the UK are disadvantaged vis-à-vis their international counterparts. Academics and researchers working in other countries are also subject to similar controls and legislation formulated by their countries of origin and codified by international treaties. 

'The UK’s licensing criteria are stricter than other countries.'

Whilst successive governments have maintained a policy not to issue an export licence under certain circumstances, the UK’s criteria have also been adopted by the EU as best practice. Therefore, like minded states will not issue licences for the export of strategic goods in those same circumstances.

'Not all countries are required to, and many do not, have an export control system.'

This was the case until 2004, when resolution 1540 (UNSCR1540) was adopted by the United Nations Security Council. UNSCR1540 stipulates that all states should have effective domestic controls in place to prevent the proliferation of WMD and their delivery. These controls include those relating to exports and trans-shipment.

'Most advanced economies do not insist on the actual implementation of these controls.'

Whilst the effective implementation of export control regimes can sometimes present challenges, such regimes are followed, in many cases very rigorously, by most countries housing major producers of controlled technology.