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How to Classify Your Product’s export control entry in the UK. A Step-by-Step Guide

October 28, 2024
How to Classify Your Product’s export control entry in the UK. A Step-by-Step Guide

Exporting products from the UK involves more than just shipping logistics; it demands careful attention to regulatory compliance. 

 

For many traders, one of the most important aspects of international operations is understanding and applying the right export control entry (or classification number). This alphanumeric code is crucial for determining whether your product falls under UK strategic export control regulations, and therefore requires a licence before shipping.

 

But… how do you know which classification applies to your product? And what happens if you get it wrong? Misclassifying your product can lead to: 

 

  • Delays
  • Hefty fines
  • Criminal penalties

 

Today, we’ll break down the steps to correctly classify your product’s control entry number in the UK, examine its importance for compliance with both UK and international regulations, and offer practical tips for businesses navigating these requirements.

 

Whether you’re a seasoned exporter or just entering the global marketplace, the clearBorder team is here to help you trade seamlessly across borders. Book a FREE consultation today →

 

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What Is a control entry number? 

 

Export control entries, or classification numbers, are used to describe items that are controlled under the UK export control framework. 

 

Unlike a Harmonized System (HS) code, which is primarily used for tariff classification, the control entry focuses on the specific nature of the product, including its technical specifications, potential military or dual-use applications, and how it may be controlled under national security, encryption, or technology transfer laws. 

 

In the UK, the entries are part of the broader UK Strategic Export Control Lists, which align with international agreements and UK export regulations.

 

A control entry, described on this list helps determine whether an export licence is required for your product. It indicates the level of controls and identifies whether the item falls under UK restrictions or international agreements, like the Wassenaar Arrangement, which governs export controls for conventional arms and dual-use goods.

 

Get in touch now for independent export control compliance services →

 

Why It Exists

 

The control entry system exists to safeguard national security, protect human rights, and support international treaties that regulate the export of sensitive technologies and products. 

 

Its primary purpose is to prevent certain technologies or goods from being exported to countries, individuals, or entities that could misuse them for military or prohibited purposes. By assigning a classification to a product, authorities can determine if an export licence is required, ensuring that goods leaving the UK meet all necessary security, trade, and diplomatic conditions.

 

This system also helps countries coordinate global export policies, ensuring that sensitive technologies are regulated consistently, thus avoiding the risk of one nation undermining international efforts to control the spread of strategic goods.

 

An Example Use Case

 

Imagine UK-based electronics manufacturer, TechNova Ltd, that produces advanced cryptographic communication equipment. 

 

  • Before exporting to a client in another country, TechNova would need to classify its product’s control entry. 
  • After reviewing the product’s specifications – especially its encryption capabilities – they determine that it falls under a specific entry related to encryption technology.
  • With this classification, TechNova consults the UK Export Control Joint Unit (ECJU) and realises that the product is subject to strict export controls due to its potential for military use. 
  • Therefore, they apply for an export licence and receive approval before shipping the equipment.
  • This ensures compliance with UK law while securing TechNova’s international trade operation. 

 

How to Classify Your Product’s ECCN Number: 8 Steps

 

Classifying your product’s export control entry in the UK is a crucial step in ensuring compliance with export control regulations. Failure to classify your product correctly can lead to delays, fines, and even prosecution. 

 

Below, we’ve compiled a step-by-step guide to help you navigate this essential process.

 

Step 1: Understand the Need for Classification

 

Before diving into the classification process, it’s vital to understand why it’s necessary. 

 

The control entries identify products that are subject to specific export controls based on their technical characteristics, potential military applications, and use in dual-use (civilian and military) scenarios. 

 

These controls are in place to protect national security and to comply with international treaties. If your product falls under export control regulations, you may need an export licence from the UK Export Control Joint Unit (ECJU).

 

Step 2: Review the UK Strategic Export Control Lists

 

The first place to start is the UK Strategic Export Control Lists. This is a comprehensive list that covers all items controlled for export. The list includes:

 

  • Military goods
  • Dual-use items
  • Goods under WMD (Weapons of Mass Destruction) control
  • Products subject to sanctions or embargoes

 

You can find the most up-to-date version of the control lists on the UK government’s Strategic Export Control Lists page. 

 

Carefully examine these lists and compare your product’s technical specifications with the items described. If your product matches any of the listed items, it will require a licence to export from the UK.

 

Step 3: Identify Key Technical Specifications of Your Product

 

To classify your product correctly, you’ll need a detailed understanding of its technical specifications. This could include:

 

  • Functionality: What is the main purpose of the product?
  • Performance: What are the operational parameters, such as speed, capacity, and precision?
  • Materials and components: What materials and components are used, and do any of them have dual-use or military applications?
  • End-use: How can the product be used, and by whom (e.g., military, civilian, or research institutions)?

 

Step 4: Consult the UK Control Lists Database

 

The UK government maintains an online Control List Classification Search Tool that allows you to search for control entries based on your product’s features. Here’s how you can use it:

 

  • Access the search tool on the UK Department for International Trade (DiT) website.
  • Enter relevant keywords: Use terms specific to your product, such as its material or function.
  • Browse the entries that appear as results. Each is linked to specific export control criteria, so check the description closely.
  • Match your product’s specs: Compare the technical specifications of your product to the entries that appear to see if it fits under one.

 

Step 5: Determine If Your Product Is Military or Non-Military

 

The UK control lists are divided into Military and Dual-Use sections. If your product is specifically designed for military purposes, it will likely fall under the Military Goods section. These include items like:

 

  • Weapons, ammunition, and military vehicles
  • Equipment and software designed for military use
  • Technology specifically related to the development of military products

 

These goods are subject to tighter restrictions, and you’ll need to consult the entries enumerated with an ‘MLxx’ control entry.

 

If your product is for commercial or civilian use but could have military applications (e.g., drones, encryption software, etc.), then you may need to check the Dual-Use Goods section instead.

 

Step 5: Check the Control Criteria for Dual-Use Goods

 

If your product could have both civilian and military applications, it may fall under the Dual-Use Goods category. Dual-use items are goods, software, or technologies that can be used for both civil and military purposes. 

 

Dual-use controls impact tens of thousands of items. This includes goods, technology and software. Even commercial off-the-shelf items can sometimes require a licence for export.

 

Step 7: Review Your Findings with an Expert

 

Once you have identified a potential control entry for your product, it’s wise to consult a trade compliance expert or the UK Export Control Joint Unit (ECJU). Misclassification can lead to severe penalties, so getting a second opinion is highly recommended.

 

You can reach out to clearBorder for expert trade consultancy services to help guide you through the process and verify your classification.

 

Step 8: Apply for an Export License (If Required)

 

If your product is described by a control entry, you’ll need to apply for an export licence. The type of licence you need will depend on the product, the destination country, the end-user and the end-use. 

 

The main types of export licences include:

 

  • Open General Export Licences (OGEL): These cover multiple shipments of specific products to specific countries.
  • Standard Individual Export Licences (SIEL): For specific shipments to a specific recipient.
  • Open General Export Licences (OGEL): These cover multiple shipments of specific products to specific countries.

 

You can apply for an export licence online through the UK’s SPIRE system, managed by the Export Control Joint Unit (ECJU).

 

Moving Forward

 

Once you’ve applied for and received your export licence, there are some best practices it’d be a good idea to carry out. This is to make sure your operation stays compliant in the long-term; think of it as good housekeeping. 

 

Keep Your Records Updated

 

After classifying your product and obtaining the necessary licences, ensure that you maintain accurate records of your classification and licensing decisions. 

 

Regulations may change, and having up-to-date records can make it easier to comply with any future changes.

 

Reassess Classification Regularly

 

As the UK’s export regulations change or as your product evolves, it’s essential to periodically reassess whether the classification still applies. 

 

Regulatory updates, technological advances, or new use cases for your product may shift its classification; keeping in regular contact with the UK Export Control Joint Unit (ECJU) or using clearBorder trade consultancy services can help ensure compliance.

 

Getting a control entry number In the UK: Key Takes

 

Ultimately, a well-executed classification helps protect your business from penalties, delays, and potential legal action. Here’s a quick recap of the essential points:

 

  • Your product may be controlled if it has dual-use, military, or sensitive technological features.
  • The Strategic Export Control Lists and online search tools are valuable resources for identifying the right classification.
  • Misclassification can result in fines and penalties. Consulting with a trade compliance expert, like clearBorder, ensures accuracy and peace of mind.
  • Depending on the destination and nature of your product, you may need to apply for an export licence through the UK Export Control Joint Unit (ECJU).
  • By correctly classifying your product, your business gains a competitive edge in international trade, minimising delays and securing quicker market access.

 

For businesses seeking to simplify UK classification and compliance, clearBorder offers expert consultancy services. Contact us today to learn more about how we can help keep your trade operation compliant and efficient.