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Export Control meaning

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What does Export Control mean?
Export control describes the legal regime governing the export, re-export, transfer and transit (including intangible disclosures), brokering and technical assistance for controlled goods, software, information and technology, covering military items, dual-use items and nuclear-related materials, from the UK or Ireland to another state. It is a descriptive term: the obligations arise from legislation rather than a single statutory definition. In England & Wales, Scotland and Northern Ireland, the principal instruments include the Export Control Act 2002 and the Export Control Order 2008, supplemented by the Sanctions and Anti-Money Laundering Act 2018 and UK strategic export control lists. Licensing and enforcement are administered by the UK Export Control Joint Unit. In Ireland, export controls are implemented under EU law (notably Regulation (EU) 2021/821 on dual-use items and the EU Common Military List) and national legislation, with licences issued by the Department of Enterprise, Trade and Employment. Application in Northern Ireland aligns with the UK regime, subject to limited EU dual-use requirements under the Windsor Framework. Key features include licence requirements, embargoes and sanctions, end-use and catch-all controls, extra-territorial reach (for example brokering), record-keeping and significant civil/criminal penalties. Practitioners advise on classification, licensing strategy, compliance programmes and investigations.
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View the related Checklists about Export Control

CHECKLISTS
Appointing and managing agents and representatives: anti-bribery due diligence checklist on ownership/control, country and payment risks, scope and remuneration (including success fees), capability, licences and facilitation payments

This flowchart details the actions to follow when enhancing a procedure in your firm, highlighting relevant Precedents associated with every stage...

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NEWS
SFO to deploy covert tactics and publish guidance to revive corporate self-reporting and enforce ECCTA 'failure to prevent fraud' from September 2025, amid DPA lull and cross-border collaboration

Nick Ephgrave Nick Ephgrave acknowledged it was no secret that the SFO has witnessed a slight drop-off in the number of companies approaching the specialist anti-corruption body with suspected fraud and bribery within their organisation. To address this, the SFO intends to invest further in covert intelligence-gathering so it can better understand what is happening in corporate settings and, in turn, either pursue targets or encourage them to come forward, he told Law360 and reporters from other news outlets. Ephgrave said he wants to be more in control of the referrals received by an agency that largely depends on businesses volunteering information, with the aim of invigorating and provoking self-reporting by companies. He added that he is really seeking to drive up the number of corporates the SFO deals with, whether through self-reporting supported by revised corporate guidance, via intelligence from whistleblowers, or by relying on good old-fashioned covert policing techniques such as surveillance, the deployment of undercover officers, and the use of informants...

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NEWS
Corporate Crime Weekly: sanctions challenges, sentencing changes, FCA/SFO priorities, AML reforms, and legislative, enforcement and procedural updates—21 March 2024

In this issue: Investigating criminal conduct Criminal procedure and evidence Sentencing Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Refusal to repurpose evidence in civil proceedings for criminal charging decision (WFZ v British Broadcasting Corp) The High Court has recently clarified the circumstances in which a party will be permitted to rely on witness statements outside the proceedings in which they were first served. In ongoing injunction proceedings aimed at stopping publication of a BBC investigative report into sexual abuse allegations, the court determined that the accused could not use sensitive excerpts from that report in representations to the...

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NEWS
UK commercial law weekly update: ASA rulings, CAP/BCAP consultation, CMA super-complainant guidance, Procurement Act 2023 go-live and model contracts, HMRC customs updates, Russian sanctions CHPL

In this issue Advertising, marketing and sponsorship Consumer protection International Public Procurement Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Advertising, marketing and sponsorship ASA rulings—26 February 2025 The Advertising Standards Authority upheld two challenges concerning an email from Maki Online Services Ltd t/a Nino Apply, which exaggerated the consequences of not renewing a Biometric Residence Permit and failed to disclose the availability of a free eVisa. See: LNB News 26/02/2025 21. CAP and BCAP launch further consultation on 'less healthy' ads rules Acting for the ASA, the Committees of Advertising Practice (CAP and BCAP) have begun a further consultation on introducing new restrictions on promoting ‘less healthy’ food and drink to children. From October 2025, these rules will bar such advertising on TV and online during set periods. Input is requested on refreshed guidance for applying the rules, following responses to...

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PRACTICE NOTES
Global merger control: threshold updates, procedural reforms and enforcement highlights—March 2026

Over the course of the past month, annual adjustments have been made to merger control thresholds in Canada, Italy and the Philippines, while Montenegro has revamped its regime, introducing swifter timetables and more adaptable filing provisions. Canada—thresholds remain the same in 2026 On 2 March 2026, the Canadian Competition Bureau (CCB) confirmed, after its yearly review, that Canadian merger notification thresholds will stay exactly as they are for 2026. The thresholds remain (in brief): size of transaction test: the target must be, or control, an operating business in Canada with more than CDN$93m (approximately €58.9m/US$66.6m) in Canadian assets (book value) or gross revenue produced by those assets from sales in, from or into Canada (ie domestic plus export sales), and size of parties test: all parties and their affiliates (in aggregate) must together hold over CDN$400m (approximately €253.4m/US$286.3m) in Canadian assets or gross revenues derived from sales in, from or into Canada (ie domestic sales, exports and imports) (this threshold is unchanged and...

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PRACTICE NOTES
UK VAT—Exported Goods: Zero‑Rating Conditions, HMRC Evidence Requirements, Time Limits and Special Cases (Post‑Brexit GB and NI)

Exports for VAT purposes From 1 January 2021, for VAT purposes, an export refers to a supply of goods dispatched from Great Britain (GB) to any destination outside the UK, or from Northern Ireland (NI) to a non-EU country outside the UK. There are two categories of exports: direct and indirect. For VAT purposes, a direct export takes place where the goods are removed under the control of, or on behalf of, the supplier; by contrast, an indirect export is where removal occurs under the control of, or on behalf of, someone other than the supplier, most commonly by the overseas customer. Do please note that the customs definitions differ: a direct export is when goods leave the EU without travelling through another Member State, whereas an indirect export is when goods depart the EU via another Member State. This Practice Note focuses on exports for VAT purposes; it does not deal with separate matters linked to exporting goods, such as licences or customs procedures, where applicable. For commentary...

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PRACTICE NOTES
A practitioner's guide to WTO/GATT export controls: prohibition on quantitative restrictions, Article XX general exceptions and the Article XXI security exception

This Practice Note offers practical guidance on export controls within the framework of the WTO’s General Agreement on Tariffs and Trade. It sets out the three exceptions that permit the use of export controls: Prohibition on Quantitative Restrictions General Exception Security Exception What are export controls? Export controls are laws or regulations applied to a wide range of goods. They typically cover certain commodities, software, technology and weapons, and can also apply to food, live animals and plants, products derived from plants and animals, and medicines. The degree of control varies: Some exports are completely prohibited Others may proceed only within specified quantity limits Certain products require prior authorisation, such as an export permit or licence The goods affected and the mechanisms used differ between countries; therefore, domestic legislation must be consulted to understand the applicable export control regime...

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PRECEDENTS
Sanctions definitions, warranties and compliance undertakings for share purchase agreement (pro-seller, individual sellers, unconditional long form): clause 1 and Schedule 4 insertions

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-seller—individual sellers—unconditional—long form: 1 Definitions and interpretation Sanctioned Activity • any conduct subject to sanctions set by a Sanctioning Body; Sanctioning Body • the UK, USA, EU and any other relevant authority imposing/administering sanctions; Sanctioned Entity • any person or entity that is, or is owned/controlled (directly or indirectly, per Sanctions Laws) by, a party sanctioned or listed by a Sanctioning Body; Sanctions Laws • all applicable law on Sanctioned Activities binding any Party or this Agreement’s performance; Sanctions Policy • the Sellers’ sanctions policy in Appendix [ insert Appendix number ], as updated and notified to the Buyer; 1.2 The Sellers and the Group Companies, as at the date of this Agreement and throughout its term: are not Sanctioned Entities; have not been notified of any investigation into a Sanctioned Activity; are unaware of Business circumstances that could give rise...

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PRECEDENTS
Sanctions compliance warranties and definitions for pro-buyer conditional share purchase agreement with individual sellers (long-form)

Precedent: Share purchase agreement—pro-buyer—individual sellers—conditional—long form Add the following as new definitions into clause 1 of the above stated, named precedent document herein...

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PRECEDENTS
Sanctions compliance definitions, seller warranties, due diligence and notification undertakings for pro-buyer share purchase agreement (corporate seller, conditional, long form)

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Sanctioned Activity: activity subject to a Sanctioning Body’s sanctions. Sanctioning Body: United Kingdom, United States of America, European Union, and any other authority administering sanctions. Sanctioned Entity: any person or entity that is, or is owned or controlled (directly or indirectly) by one that is, sanctioned or on a designated list of a Sanctioning Body; ‘owned or controlled directly or indirectly’ has the meaning in Sanctions Laws. Sanctions Laws: all law on a Sanctioned Activity binding either Party or the Agreement’s performance. Sanctions Policy: the Seller’s sanctions policy in Appendix [insert Appendix number], as updated and notified to the Buyer. is not a Sanctioned Entity; has not been notified of any Sanctioned Activity investigation; is unaware of Business circumstances likely to prompt such investigation; shall comply with Sanctions Laws and the Sanctions Policy; ...

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