A presentation to a conference on European Dual Use Export Controls in Amsterdam, 25-26 September 2014. It offers practical tips on how to avoid delays and denials of export licence applications in the EU.

1. Strategies for Expediting Licensing
C5 Forum on European Export Controls for Dual Use Goods
Amsterdam, 25-26 September 2014
Richard Tauwhare, Green Light Exports Consulting (UK)
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2. Your Licence Applications. How To
Avoid:
1) Delays
2) Denials
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3. Delays and Denials Are Good
For You
If your exports were misused, what could be
the consequences?
 delays and denials ultimately help exporters by
ensuring that the risks of every export are fully
assessed
 It works – cases of misuse are very rare
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4. Avoid Delays
UK Processing Times: On Target
(mostly)
120
100
80
60
40
20
0
Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14
SIELs: 70% in 20 days SIELs: 99% in 60 days SIELs median processing time OIELs: 60% in 60 days
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5. Avoid Delays
Why do they happen?
 The UK median processing time for Standard Individual
Licences is 13 days
 If officials have to Request Further Information: 23 days
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6. Avoid Delays
1) Avoid Requests for Further Information
In UK, five main reasons:
1) End User Undertaking: incorrect
2) Technical Specifications and Goods Descriptions: inadequate
3) Third Parties: omitted
4) Incorporation: = End User
5) Sanctions Exemption: evidence

7. Avoid Delays
2) Use Open Licences
 save 50,000 Standard
Individual licence applications
a year in UK
 EU General Export Authorisations
 Open General Export Licences
 Open Individual Export Licences
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8. Avoid Delays
EUGEAs
 For specified dual-use items to specified non-EU destinations:
1) most dual-use items to Australia, Canada, Japan, New Zealand,
Norway, Switzerland (including Liechtenstein) and the US
2) certain items to Argentina, Croatia, Iceland, South Africa, South
Korea and Turkey
3) after repair/replacement of most items to 24 destinations
4) temporary export for exhibition or fairs: most items to 24
destinations
5) telecommunications: some Cat 5 Part 1 items to 9 destinations
6) chemicals: some items to 6 destinations
 Commission looking at expanding scope of EUGEAs
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9. Avoid Delays
Open General Export Licences
(UK)
 National pre-published export, trade or transhipment
licences similar to EUGEAs.
 UK has 15 Dual Use OGELs covering e.g. chemicals,
cryptography, after exhibition, after repair, for repair or
replacement, to Hong Kong, low value items, oil and gas
exploration, technology, to UK forces and diplomatic
missions overseas.
 By registering, you are legally bound to:
 comply with the licence conditions
 keep appropriate records
 keep updated with any changes to the licence
 receive periodic Government audits
 report annually on activity under the licence
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10. Avoid Delays
Open Individual Export
Licences (UK)
 Allow a named exporter to make multiple shipments of
specified goods to specified destinations
 Requires either at least 20 previous Standard Individual
applications or a good business case
 Requires a consignee undertaking on the end use and non re-export
 For Dual Use items, valid for 5 years
 Excludes sensitive destinations; anything to be used for WMD
or military end use
 Audit and Record keeping obligation
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11. Avoid Delays
3) Decontrol
 Some controlled items have become less
sensitive and more widely available
 Obvious example is mobile phone networks
which include some cryptographic
capability for purely administrative
purposes
 A priority in Wassenaar to agree which
technologies/items can safely be de-controlled
 Role for industry to work with Governments
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12. Avoid Denials
Export Licences are NOT
automatic
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 In 2013 in UK, 2% of Standard
Individual licence applications were
refused
 one application every working day
 companies had to break contracts
and write-off the costs of securing
them

13. Avoid Denials
Risk Assessment
Low Risk
Item
High Risk
End-User
Low Risk
Item
Low Risk
End-User
High Risk
Item
High Risk
End-User
High Risk
Item
Low Risk
End-User
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The Item
The End-User

14. 14
1 - Embargoes/Treaties
2 – Internal repression
3 – Internal tensions or …
4 – Regional instability
5 – UK National security
6 – Behaviour of buyer …
7 - Risk of diversion
8 – Economic …
0 50 100 150 200 250
TOTAL
The reasons for UK licence refusals in 2013

15. Avoid Delays
Due Diligence
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Consider the risks of your proposed export at an
early stage:
 any sanctions or embargoes
 any conflicts in or near the destination
 how could your goods be misused: military, WMD,
human rights
 Check out your end-user – what are the risks of
diversion, is the order credible, are the quantities
reasonable

16. Conclusion
Delays and Denials provide a necessary safety net
But you can avoid them by:
1) Submitting full applications
2) Using Open Licences
3) Working for decontrols
4) Conducting early due diligence
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17. Thank you -
Any questions?
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Richard Tauwhare
Green Light Exports Consulting
Email: richard@greenlightexports.co.uk
Web: www.greenlightexports.co.uk
Phone: +44(0)770 311 0880