Open individual export licence (OIEL)
You may be able to use an open individual export licence (OIEL) to regularly export similar controlled items to the same customer.
Introduction
An open individual export licence (OIEL), issued by the Export Control Joint Unit (ECJU), allows a named exporter to export multiple shipments of specific controlled goods to named destinations. An OIEL is tailored to an exporter’s specific needs. They are available to exporters who have a track record in applying for export licences, or those who can demonstrate business need.
You will not always need to name the consignee or end-user on your application for an OIEL. A consignee is an entity who first receives the items. The end-user is the entity which uses the items or incorporates them into another product or a higher-level system. You will need appropriate supporting documentation to get a OIEL.
There are no open individual transhipment licences. You cannot import controlled goods into the UK for export elsewhere under an OIEL.
Check if your items are controlled
Check if your items are controlled and find the appropriate control entry using:
- the consolidated list of strategic military and dual-use item that require export authorisation
- the OGEL (open general export licence) and goods checker tools
You may need a licence under end-use controls or if your export is subject to trade sanctions or embargoes even if your items are not controlled.
Check the military and dual-use guides for further information about end-use controls and sanctions.
Check if your items are subject to trade, arms embargoes, and other trade restrictions.
When to use an OIEL
An OIEL might be the right licence for you if:
- you cannot comply with the specified terms and conditions of an OGEL
- you are likely to be exporting similar items regularly to the same customer in the future
- you can submit appropriate supporting documentation such as completed consignee undertaking with your application
OIELs are usually valid for 3 to 5 years. OIELs are restricted to 3 years for exports of military items from Northern Ireland to the EU. This restriction does not apply to exports from Great Britain (England, Scotland and Wales).
It is a criminal offence to export controlled goods without the correct licence. Check information on penalties which vary depending on the nature of the offence.
Temporary licences
You can apply for a temporary OIEL. This is for temporary shipments for demonstration or exhibition purposes.
You must not dispose of goods exported under these conditions whilst abroad. You must return the goods to the UK within 12 months of export.
If the goods are part of a permanent exhibition and the terms of the OIEL do not provide for this you must apply for a standard individual export licence (SIEL).
Types of OIEL
There are 7 OIELs available covering:
- military items
- dual-use items
- dealer-to-dealer firearms
- cryptographic equipment
- offshore installations
- media
- through-life support for military goods
The type of OIEL you apply for depends on the:
- type of export
- destination
- point of export
What you need to apply for an OIEL
To apply for an OIEL you must:
- have an account on SPIRE, the online export licensing system
- be able to prove business need
- be able to specify the items for export, their quantity, and their destination (consignee or end-user)
- have the appropriate supporting documentation to submit with your application
When applying on for an OIEL on SPIRE you must:
- confirm you have used the OGEL checker to see if an OGEL can be used, and supply a copy of the results
- describe the items in detail, including model or type numbers where appropriate
- specify which industrial or government sectors your goods are for
- confirm the ultimate end-user destination
- supply an estimate of how many times you expect to use the OIEL in the next year
You do not normally have to provide end-user details at the time of an OIEL application. After granting of a licence you must meet end-user undertaking requirements.
You may wish to consider having separate OIELs for EU and non-EU destinations.
Supporting documentation for OIEL applications
Your application on SPIRE must include:
- proof of business need such as a record of at least 5 SIEL applications per year, or a copy of:
- a contract requiring delivery within less than 20 working days, or unlimited shipments
- a purchase order
- an award of tender
- an accurate and correct undertaking form
Check additional supporting documentation requirements for SIEL applications when exporting firearms, ammunition and related equipment from Great Britain or Northern Ireland.
End-user undertakings
You must complete an end-user undertaking before shipment. You do not normally have to provide end-user details when you apply for an OIEL. Exceptions include nuclear-related trigger list items where maritime anti-piracy trade controls apply.
To meet licence terms and conditions you must:
- get the overseas end-user to complete an OIEL undertaking template before shipment
- ensure the end-user undertaking is valid and not out-of-date when making the shipment
- keep the original OIEL undertaking form for compliance audits
Applying for an OIEL
Apply for an OIEL using SPIRE, the online export licensing system.
Read further guidance on how to use SPIRE to apply for an export licence for controlled goods, software and technology.
Exporter responsibilities
It is your responsibility to:
- have the right licence in place before you export
- comply with all terms and conditions of the licence
- submit the undertaking and covering letter ensuring they are:
- completed legibly, in English and signed by an appropriate responsible official
- attached as a copy to the licence application
- retained as original versions in your records
How licences are assessed
ECJU assess all licence applications on a on a case-by-case basis against the Consolidated EU and National Arms Export Licensing Criteria, known as the Consolidated Criteria. The Consolidated Criteria provide a thorough risk assessment framework. ECJU will not grant a licence when it is inconsistent with the Consolidated Criteria. Applications for countries subject to sanctions or embargoes are also considered under the UK sanctions regimes.
In reaching a decision on an application, the Department for International Trade receives advice from several departments, including the Ministry of Defence and the Foreign, Commonwealth & Development Office.
Licence processing time
ECJU aim to provide a decision on OIEL applications in 3 to 6 months. Licensing depends on the goods and destination.
Processing delays can occur:
- for sanctioned or highly sensitive destinations
- if an exporter fails to provide the required information or submits incorrect details
Log in to Strategic Export Controls: Reports and Statistics to view current licence processing timescales by destination.
There is no appeals process if your application is rejected. You can still apply for a SIEL covering some or all of the same destinations and goods. The factors that influenced the OIEL application decision will be taken into account.
Terms and conditions
You must read and follow the terms and conditions of your licence. You must maintain records of all transactions carried out under your licence.
Export licences are not transferable to another exporter.
Only ECJU can amend, suspend or revoke a licence.
You must check whether you need to declare goods you take out of the UK.
Renewing an OIEL
You can apply to renew an OIEL through SPIRE. Your business justification need only state that it is a renewal of an existing licence.
If you have exported to a particular destination less than 5 times during the previous year, you must explain why. If your explanation does not fall within the listed criteria you must remove that destination and explain that you have done so.
Amending an OIEL
Permitted amendments include:
- exporter’s change of address
- exporter’s change of name if the Companies House registration number remains the same
- end-user’s change of name or address (documented evidence required)
If an exporter becomes a brand new company with a new Companies House registration number it will be classed as a new legal entity. It must re-apply for all export licences under its new name.
ECJU will not amend a licence to:
- include a new destination (unless you can prove a clear business need)
- show a change in goods description
- show a new ultimate end-user
If you provide a clear business need and wait up to 60 working days an amendment may be possible.
Otherwise you must apply for a new OIEL. This can incorporate both the existing and new goods, or destinations.
When the new OIEL has been re-issued, ECJU will cancel the old one.
Customs declarations when exporting outside the UK
OIEL conditions require the licensee to submit a customs declaration before exporting to destinations outside the UK, except if you are exporting from Northern Ireland to the EU customs territory.
This declaration must quote the export licence number.
You must quote the licence number to HM Revenue & Customs (HMRC) officials when items are presented for export. You can contact HMRC to make alternative arrangements.
Exporting from Northern Ireland to the EU customs territory
No pre-export customs declaration is required.
However, you must fulfil OIEL conditions that require that you:
- notify HMRC officials by emailing it.audit.south.district@hmrc.gov.uk, or the relevant email address for large business customers, at least 3 days before the proposed date of export
- specify a place for HMRC goods inspection
- include the licence with shipping documents when the items are exported
Compliance
ECJU has a statutory right to inspect export records to ensure the correct use of licences. Compliance officers visit companies holding export licences. They ensure licence conditions are met in compliance with export control legislation.
See the compliance code of practice and find out more about compliance visits.
You will receive compliance visits if you hold OIELs for electronic transfers of software or technology.
Penalties and fines
Breaching export controls is a criminal offence. Penalties can vary depending on the nature of the offence.
They include:
- revocation of licences
- seizure of goods
- issuing of a compound penalty fine
- imprisonment for up to 10 years
If you receive a compliance warning letter you must comply with any conditions stated in the letter within the timescales provided, or your licence may be revoked. Serious cases of breaches or non-compliance may be prosecuted by HMRC.
See how to report any licensing irregularities to HMRC voluntarily.
Contact ECJU
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
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