Members will be aware of the requirement to obtain licences for the export of certain equipment, manufactured product and other goods, particularly where the item is of a military or classified nature, but importantly for those who may be working on design projects, this requirement extends to include information and intellectual property.
The Export Control Organisation, an agency of the Department of Trade and Industry, controls such licences and supported by HM Revenue and Customs enforces the requirements for licensing under the Customs and Excise Management Act 1979 and the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003. It is this latter legislative provision (SI 2003/2764) that is of particular concern to designers. The following link refers.www.opsi.gov.uk/si/si2003/20032764.htm
In determining the applicability of the regulations, exporting includes demonstration and promotion of "goods", which is taken to mean tangible goods, both used and unused and includes any goods on which "software" or "technology" is recorded. "Technology" is defined as information (including but not limited to information comprised in software and documents such as blueprints, manuals, diagrams and designs) that is capable of use in connection with the development, production or use of any good. There is also a control on "technical assistance", meaning any technical support related to repairs, development, manufacture, assembly, testing, use, maintenance or any other technical service.
In all, much of a naval architect's professional practice may be subject to some form of export control and licensing requirement where the work involves a military, classified or restricted application.
Obtaining a licence obviously depends on the nature of the information, technology, goods or technical assistance and of most significance the intended destination of export. The regulations define exporting as external to the UK or in some instances the European Community, with specific and blanket restrictions on most technology and information export of a restricted nature to countries such as Iran, Iraq and Libya.
The first step in obtaining a licence is to apply for Ministry of Defence clearance using MoD Form F680, available from www.deso.mod.uk/pdfs/guide_f680.pdf This will determine the nature of any licence required and will speed up application for full export licence in the future. F680 clearance is not a substitute for an export licence.
The 2003 export regulations give detail on how to apply for a licence and further information is available from Export Control Organisation: helpline 020 7215 8070 or . Applications can be made to ECO, DTI, 3rd Floor Kingsgate House, 66-74 Victoria Street, London SW1E 6SW.
Additionally, there are specific requirements for a temporary licence for the export of a laptop for instance where such contains classified or restricted information or data relating to a technology that is included in the regulations. Next time you travel it may help to check your laptop before you leave home...
Nik Parker, April 2006
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