Notice

NTE2024/17: changes to the MOD form 680 process.

Published 15 August 2024

Introduction

The United Kingdom is adapting its existing Ministry of Defence Form 680 (F680) security process to become the administrative vehicle through which it will review and enable the release of United States International Traffic in Arms Regulations (ITAR) controlled defence articles, including technical data, to foreign persons within or outside of the UK.

What you need to know

The F680 is primarily a security procedure, that enables the UK government to control when, how, and if defence-related classified material is released by UK defence contractors, suppliers or companies to foreign entities, generally for the purposes of export promotion or sales of equipment or services.

As part of the UK-US export control reforms, the UK has secured a commitment from the US for an exemption from the ITAR to enable easier defence trade between the UK, US, and Australia, bringing significant benefits to UK industry and reducing barriers to collaboration.

To achieve these reforms it was necessary to amend the F680 process to incorporate the requirement for a UK contractor, supplier or company to apply for and receive an F680 approval to release ITAR material to any foreign entity, including where these transfers occur within the UK borders.

Therefore, in addition to those already required to obtain F680 approval, namely:

a. Those Facility Security Cleared (FSC) cleared companies and,

b. Those obligated to comply with the UK OFFICIAL and OFFICIAL-SENSITIVE security conditions;

this requirement adds:

c. Those contractors who become part of the AUKUS authorised user community and,

d. Those UK companies dealing with US ITAR controlled material.

The F680 application form on SPIRE has been updated with mandatory questions requesting confirmation that the application includes the release of defence articles including technical data subject to controls under the ITAR. If yes, applicants will then need to provide the relevant references for the licence, agreement, or authorisation under which the ITAR material was received from the US. Applicants will also be required to detail how long the ITAR material will be in their possession, which will help inform the requirement for an F680 assurance inspection which the UK MOD has also introduced to enable the exemption from ITAR.

This F680 change in coverage is not expected to affect any existing approvals, exemptions of conditions established with the US government in relation to ITAR. It also is not expected to affect any releases under any other US government controls (such as FMS, EAR).

The current F680 application form (administered through the SPIRE export licensing system) cannot process applications where there is no foreign recipient. Accordingly, there is no requirement for F680 approval for releases of ITAR material to other UK recipients.

It is also envisaged that there will not be a requirement for F680 approval for releases of ITAR material to US recipients. However, we understand there are some instances where US government approval is required prior to the release of ITAR material from the UK to the US. Accordingly, in these instances, a F680 could be expected to also be applicable.

When will this come into effect?

These changes will take effect from 16 August 2024, with an implementation period lasting until the 1 September 2024.

This implementation period allows industry to apply for and receive F680 approval for foreign releases of ITAR material that are required during or immediately after this period.

These changes will affect new F680 applications only. Existing F680 approvals will not need to be amended or re-submitted.

Further information

The Ministry of Defence has recently updated its F680 policy and guidance, which will include further detail on the changes outlined in this NTE. A stand-alone frequently asked questions (FAQ) document will also be published in support of the policy and changes made to the F680 process.

Contact details

The Export Control Joint Unit MOD Team (ECJU MOD) are the implementing authority for the F680 process. All questions should be directed to them in the first instance:

Export Control Joint Unit MOD Team

Department for Business and Trade

Old Admiralty Building

Admiralty Place

Whitehall

London

SW1A 2DY

Email: ECJU-MODTeam@mod.gov.uk

The MOD Directorate of Security and Resilience have been responsible for the development of the F680 policy requirement and its amendment to include ITAR material:

Ministry of Defence

Chief Operating Officer, Directorate of Security and Resilience (COO-DSR-IIPCSy)

Level 4, Zone B

Main Building

Whitehall

London

SW1A 2HB

Email: COO-DSR-IIPCSy@mod.gov.uk