Guidance

AUKUS authorised user community guidance note

Updated 21 August 2024

Introduction

The UK is introducing reciprocal arrangements through an AUKUS specific open general licence (OGL) that will cover the equivalent range of goods and technology on the US and Australian exemption.

Certain goods and technology are not included in the exemption and are set out in an excluded technology list which forms part of the OGL and the other AUKUS nation’s reciprocal arrangements. The excluded technology list includes certain items on which there are international obligations and items which the USA, Australia or UK have asked to be excluded.

To be able to use the OGL, UK exporters must be members of the new UK Authorised User Community (AUC) and be on the AUKUS nations’ authorised users list. The export or transfer, or supply and delivery, must be to consignees and recipients who are also authorised users under the partnership.

UK Authorised User Community

The AUC will be operated and overseen by the Ministry of Defence – International and Industrial Co-Operation (MOD I&IC) Team (formerly the International Relations Group) in Defence Equipment and Support (DE&S) and lays out the process under which the group of authorised users of the UK (AU-UKs) will be established and maintained.

The AU-UK process has been established to support the administration of the exemption to the United States International Traffic in Arms Regulations (ITAR) at ITAR § 126.7 (22 C.F.R. § 126.7). Three pools of parties are eligible to participate in transfers under this anticipated exemption:

• AU-UKs
• authorised users of Australia
• authorised users of the United States

How and when a UK entity can apply for membership

The launch of the AUC is planned for 1 September 2024, for initial government to government transactions and transfers. In addition, from this date initial applications for onboarding non-government entities will commence.

UK government will be taking a phased and deliberate approach for external applications and onboarding to the AUC. This is to ensure effective implementation and management of the new arrangements and and that early feedback is captured to allow further improvements before being rolled out more widely

The MOD DE&S International and Industry Cooperation Export Control (I&IC EC) team have been working with a small group of pilot defence organisations, to refine the questionnaire and application process. These entities will also be the focus of the initial onboarding pilot activity.

Further onboarding phases will focus initially on entities with existing membership of the US-UK Defence Trade Cooperation Treaty Approved Community, who have agreement to undergo an expedited membership process. This will be followed by organisations with existing, relevant secure relationships with the MOD through List X or Facility Security clearance (FSC) and priority contractual obligations.

More information will follow on the phasing and requirements for onboarding process, along with an expression of interest (EOI) questionnaire for interested parties shortly after go live on or around 2 September.

After submitting an application form

The MOD I&IC Team will oversee an eligibility review and if successful, nominate the UK entity to the US Department of State – Directorate Defence Trade Controls (DDTC) Team. DDTC will then carry out their own entity reviews, which could take up to 60 days. If no issues or concerns are raised, DDTC will notify the MOD I&IC Team that the review has been completed successfully and the UK entity will then be added to the official authorised user list.

Starting to carry out ‘transfers’

As soon as the UK entity receives written confirmation from the Ministry of Defence – International and Industrial Co-Operation Team and is officially on the authorised user list they can start taking advantage of the ITAR 126.7 exemption.

However, they must still ensure compliance with US ITAR requirements and register for and meet the conditions of the new UK open general licence (OGL) for AUKUS. They must also be aware of any new potential MOD F680 requirements, if applicable.

Further information

Please contact the MOD – International and Industrial Co-Operation Team at: desirg-ukauc@mod.gov.uk.