EGADD Newsletter No. 44

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EGADD Newsletter No. 44 EGA DD “I nform ation Pod” at DS EI 20 17 September 2017 Edition Members are reminded that, once again, it is planned for EGADD EGADD Correspondence to: to have an information “pod” at the biennial Defence & Security Executive The Editor Exhibition International (www.dsei.co.uk/), which is due to take th EGADD place at the ExCeL in London Docklands, on Tuesday 12 to Committee [email protected] th Friday 15 September. The stand number will be S4-274, and it is planned to be manned throughout the exhibition by export control Chairman experts drawn mostly from the EGADD Executive Committee; if Bernadette Peers, Strategic Shipping Company Ltd any EGADD Members are planning on attending DSEI 2017, they [email protected] are warmly encouraged to pop by the stand and pose any queries that they may have with the experts who will be on duty at the Vice – Chair www.egad.org.uk event. Susan Griffiths, MBDA UK Ltd [email protected] News: High Court Rejects Judicial Review on Sales to Secretary Saudi Arabia +++++++++++++++++++++++++++++++++++++++++++++++++++++++ Brinley Salzmann, ADS th [email protected] On Monday 10 July 2017 the High Court issued a detailed ruling which Assistance on US Export Controls at DSEI 2017 rejected that case that had been presented to them by a collection of Non- EGADD has been informed that amongst the visitors at DSEI Members Governmental Organisations, led by the Campaign Against Arms Trade 2017 will be the following two officials from the US Department of Anna Healey, Accomethex (www.caat.org.uk). The Judicial Review case had been presented to the High State’s Bureau of Industry & Security: [email protected] Court on Tuesday 7th to Thursday 9th February, and the ruling was published Mrs Sue Tooze, BAE Systems after some 5 months of careful deliberation. However, the campaigners have Mr Mike Vaccaro, Director, Strategic Industries & [email protected] already announced plans to appeal against the decision. Economic Security; Sunny Mann, Baker & McKenzie LLP (Legal Mr Christopher Williams, Acting Deputy Director, The court rejected campaigners' claims that ministers were acting illegally by Adviser and Observer) Munitions Control Division [email protected] not suspending weapon sales to the kingdom, which is leading an international Richard Tauwhare, Dechert coalition which is fighting a war against Houthi rebels in Yemen. The Both of the above have expressed a willingness to meet with any [email protected] campaigners had claimed that the UK has contravened humanitarian law and companies who have any US export control queries, whilst they attacked the refusal of the Secretary of State for International Trade to suspend David Wookey, DJAW Ltd are at DSEI 2017. If any companies want to take advantage of [email protected] export licences for the sale or transfer of arms and military equipment. this opportunity to discuss any issues or queries that they may have, please contact: [email protected] to Stephanie Davies, General Dynamics UK [email protected] Lord Justice Burnett and Mr Justice Haddon-Cave, sitting in London, said the arrange a date, time and place for a meeting. decision to carry on the arms trade was not unlawful. The judges said "closed Leigh Zone, GE Aviation Systems material", which had not been made public for national security reasons, [email protected] ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ "provides valuable additional support for the conclusion that the decisions taken Trevor Wood, Interexport Management by the secretary of state not to suspend or cancel arms sales to Saudi Arabia Doing Business with the US Briefing Systems were rational". ADS is organizing a FREE-to-attend, half-day briefing in London [email protected] th on the morning of Friday 15 September. The program will Robert King, Leonardo MW Saudi Arabia has been supporting Yemen's internationally-recognised [email protected] include briefings on preparing to do business with the US by the government after a civil war broke out in 2015. Houthi rebels, loyal to deposed US Country Desk Officer at DIT DSO, and on opportunities in the Tim Otter, Lutra Associates Ltd former President Ali Abdullah Saleh (who had been President of Yemen from US defence market by an official from the British Embassy in [email protected] May 1990 to February 2012), began an attack in 2014, forcing President Saleh’s Washington. There will also be presentations from a number of Harry Patel, Meggitt plc successor, Abdrabbuh Mansour Hadi, to flee the country for a time. Since then US Government officials, including the US Department of Defense [email protected] Saudi Arabia (heading a coalition comprising: Bahrain, Egypt, Jordan, Kuwait, team which deals with ITAR matters. The event will also be Morocco, Qatar, Senegal, Sudan and the UAE) has been supporting an attended by Mr Christopher Williams, from the US Department of Michael Bell, Michael Bell Export Controls [email protected] intensive military campaign aimed at trying to restore Mr Hadi's government to Commerce (details above). power. Anyone wanting further information can find it at: Marita Ryman, QinetiQ https://www.adsgroup.org.uk/events/view/ads-dit-dso-briefing-uk- [email protected] The full details of the 58-page ruling, as well as a brief summary, are available opportunities-in-the-us-defence-and-security-markets/ George Ballingall, Rockwell Collins UK at: https://www.judiciary.gov.uk/judgments/r-on-the-application-of-campaign- [email protected] against-the-arms-trade-v-the-secretary-of-state-for-international-trade-and- Useful Websites: Andrew Wood, Rolls-Royce interveners/. www.pmddtc.state.gov/ www.strategicexportcontrols.org/ [email protected] www.davidhayes-exportcontrols.com www.egad.org.uk www.export-consultancy.co.uk David Barber, UTC Aerospace Systems www.importexportsolutions.co.uk www.techuk.org/ [email protected] www.adsgroup.org.uk www.siaed.org www.strongandherd.co.uk www.export-controls.co.uk David Wilson, Veritas www.gov.uk/government/organisations/export -control-organisation [email protected] www.gov.uk/browse/business/imports-exports/import-and-export-controls Brexit Roundtable Discussions FORTHCOMING EVENTS 1 Export Licensing “Agony Aunt” 4 Intermediate and Beginners Workshops The EGADD Executive Committee has decided that, in follow-up to Glasgow, 4 and 5 September Q1 - “We are currently exploring options of manufacturing in the US and I was after a little advice the issuing of its initial paper, back in September 2016, on the [email protected] regarding the impact of ITAR on manufacture. My concern is that our manufacturing drawings (created potential export control and customs-related issues arising from Brexit Licenses Workshop here in the UK) might become technical data and, therefore, become ITAR-controlled, I would like to Glasgow, 5 September (available on the EGADD website (www.egad.org.uk) under “News, try and avoid this as the intention is that the US manufactured items will be supplied into the US only. I [email protected] EGADD should try to convene a round-table discussion workshop, think I may just be taking an overly cautious approach but I don't want our current design or EGAD Sub-Committees now that time has passed, and a little more clarity has started to be Control List Classification and Using the manufacture to become contaminated with ITAR if I can avoid it.” provided, for companies to discuss these issues in more detail. Checker Tools: Military and Dual-Use Goods A – Many thanks for this query, which has raised its head before in a number of guises. Best practice HM Revenue & Customs Glasgow, 5 September Members: Elizabeth Carter, Elsie Chandler, Graham Jenkins (of GJ Consultancy), David denise.carter@tradeBarber (of Goodrich.gsi.gov.uk Corporation), Peter is that ANYTHING sent to the US should be very clearly delineated and differentiated from whatever ThO'Rorke,is roundtable Brinley Salzmann workshop will be taking place in London on Tuesday you want to produce over here, in the UK. So, for instance, a UK company wanting to export the Report:th It is hoped to have the next meeting of the HMRC Sub-Committee with HMRC, themselves,EGADD Annual before Main the Meeting end of the year. 5 September. London, 20 September technical specifications for something which they have designed and developed entirely over here, Any members with any particular issues should send them to the EGAD Secretary by the end of November. [email protected] should clearly mark up any technical specifications sent over to the US that these are the The aims of the meeting: specifications for the Mk1(US) version, which is different from the Mk1(UK) or Mk2 version. However, I Awareness Outreach Activities Defence Exports Rome, 27-28 September would strongly advise you to seek expert guidance on best practice in how to protect yourself from the Members Clarifying: Elizabeth risks Carter, and Laurence opportunities Carey (of ofMBDA Brexit UK), on Jo customs, Guthrie (of exportthe DTI), Nicola Jenkins (of Rolls-Royce), Nigel Knowles,controls Sylvia van and Telle sanctionsgen (of Muirhead issues; Aerospace), Paul White (of BAE Systems), Brinleyjhitchen@smi Salzmann-online.co.uk “Virus” that is ITAR, and can happily provide you with the names of some reliable and knowledgeable Report: This Sub-Committee has been looking at ways in
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