Guidance

ECJU service and performance code

Published 18 November 2020

© Crown copyright 2020

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This publication is available at https://www.gov.uk/government/publications/service-and-performance-code-for-export-licensing/ecju-service-and-performance-code

Introduction

The Department for Business and Trade (DBT) has overall responsibility for the export licensing process.

The Business and Trade Secretary is ultimately responsible for the:

  • statutory and regulatory framework of the controls (that is what items and activities are controlled)
  • decision to grant or refuse an export licence in any individual case

In exercising these powers, the Business and Trade Secretary always consults with other government departments (OGDs).

In March 1998 the Cabinet Office published the Enforcement Concordat. This sets out the level of service and performance that businesses and others being regulated can expect from central and local government.

This service and performance code refers to or complies with the Concordat.

It explains:

  • the government’s commitments to exporters with respect to the controls that are administered by the Export Control Joint Unit (ECJU)
  • the basic elements of the export licensing system

Contacts

If you have any queries or comments on the code or our service, please contact:

General queries about strategic export licensing

Export Control Joint Unit
Department for Business and Trade
Old Admiralty Building
Admiralty Place
London
SW1A 2DY

Email exportcontrol.help@businessandtrade.gov.uk

Telephone 020 7215 4594

The export licensing system

Licences to export arms and other goods whose export is controlled for strategic reasons are issued by the Business and Trade Secretary, acting through the ECJU.

All relevant individual licence applications are circulated by the ECJU to OGDs with an interest, in line with their policy responsibilities. The departments concerned include the Foreign Commonwealth and Development Office (FCDO) and the Ministry of Defence (MOD).

The ECJU is also the administrative body for certain acts controlled in accordance with UN sanctions.

Performance targets

The government’s commitments to exporters are set out in 6 performance targets. Performance against targets is published in the government’s annual report and quarterly reports on strategic export controls.

Our targets apply when full documentation in support of an export application has been provided by the applicant.

We advise all exporters:

  • to apply for licences at the earliest opportunity
  • not to enter into a binding contract, or to start special production until an export licence has been issued

Standards

Our objective

We aim to publish clear statements of standards, setting out the level of service that business can expect to receive.

Our commitment

We commit to:

  • providing non-statutory advice through our export licensing services on whether or not goods are controlled using the:
    • Control List Classification Advice Service
    • End-User Advice Service
  • providing decisions on export licence applications

Our targets to process a licence application

On receipt of a standard individual export licence (SIEL) application which requires circulation to OGDs we aim to process:

  • 70% of cases within 20 working days
  • 99% within 60 working days

Where a SIEL application is refused, the applicant is informed of the reasons for the decision.

All appeals:

  • must be submitted within 28 calendar days of the date of the refusal letter
  • should include additional information or arguments unavailable at the time of the original application which could materially affect the refusal decision

Appeals may be circulated to advisory departments to be considered independently at a more senior level than the original application. Within ECJU, the appeal is normally dealt with by the Head of Special Casework. This is unless the original application was considered at his/her or a higher level. If this is the case appropriate alternative arrangements would be made to ensure independent consideration of the appeal.

Our aim is to provide a decision on appeals within 30 working days from receipt of all the relevant information from the appellant.

We aim to process 60% of open individual export licence (OIEL) applications within 60 working days. This is due to the wide variation in the goods and country coverage of such licences.

These standards and targets do not apply to applications or appeals relating to licences to export goods which are subject to UN sanctions.

Information and openness

Our objective

We aim to provide information and advice in plain language on the rules that we apply.

Our commitment:

We commit to providing guidance to help exporters deal with the export licensing procedure and paperwork.

How we will meet our commitment

We will do this by:

Courtesy and helpfulness

Our objective

We aim to provide a courteous and efficient service

Our commitment

We commit to identifying ourselves by name in discussion and correspondence

How we will meet our commitment

We will do this by:

  • answering telephones promptly
  • dealing with business courteously and efficiently
  • using answering machines or call queuing systems where appropriate

Consultation and communication

Our objective

We aim to consult with business on export control matters.

Our commitment

We commit to helping business understand the law on export controls and, in particular, promote best practice to maximise compliance with current legislation. If appropriate, advice is confirmed in writing.

How we will meet our commitment

We will do this by:

  • continuing to hold meetings with relevant trade associations and other business intermediaries or stakeholders
  • consulting as appropriate with commercial and industrial sectors that may be affected by proposed changes to export control legislation
  • continuing to visit exporters for compliance checks and promote wider understanding of the UK export control regime
  • getting feedback from exporters on all aspects of the regime

Complaints

Objective

We aim to establish a well-publicised, effective and timely complaints procedure which is easily accessible to business.

Our commitment

We commit to try and resolve problems if you are dissatisfied with the service we provide

How we will meet our commitment

We will do this through:

  • your first point of contact in ECJU (such as your case licensing officer)
  • our escalation procedure of writing to the Head of Compliance

Our target

We aim is to provide a substantive response to written complaints within 15 days of receipt.

If the complaint concerns an application for a licence required under UN sanctions we may have to consult with the UN Sanctions Committee. This means it can take longer to respond. If this is the case, we will let you know as soon as possible.

Value for money

Our objective

We aim to minimise the costs of compliance with export controls.

Our commitment

We commit to continuing to help exporters find the most efficient procedures for complying with export controls.

How we will meet our commitment

We will do this by:

  • promoting best practice
  • publishing information on export control on GOV.UK
  • providing training
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