The UK export controls can apply in a variety of business circumstances. These can include:

• Export of technology for the purposes of demonstration.
• Contract bid, or tendering for an overseas contract where technology is included in the bid process.
• Maintenance and service contract fulfilment.
• Export of training material to support use of exported goods.

Where the transfer of controlled technology or software is electronic, whether by email or file transfer, understanding the following definitions may help in determining licence requirement:

Definitions:

The location of the exporter is the country from which the exporter is transferring the controlled technology or software, or the location of a person who makes available the controlled data that is being accessed from overseas.

Example: If a field engineer downloads controlled technology to support the maintenance of equipment abroad, that download of data must be licenced from the UK, the destination country being the country in which that engineer makes the download.

The destination of transfers of technology is dependent upon the location of the intended recipient.

The electronic routing or cloud storage location of the controlled technology does not determine the export destination.

Cloud server storage of data, and routing of the data for storage purposes is not licensable. The location of the intended recipient of the data will be the country of intended export.

Supporting a Zoom call where controlled technology may be discussed.

If a UK based company intends to hold a conference call where controlled data may be screen shared, the UK business has an obligation to determine the location of those participating in the call and to ensure that appropriate export licences are in place to cover both sharing (transferring) the technology and the attendee countries where the call is being received.

Recording electronic exports.

There are a variety of open general export licences that allow for the transfer of electronic data and require that appropriate records are kept for audit. If an open licence is not available to cover business activity, then the next step will be application for a Standard Individual Export Licence. Determining the most appropriate licence to fit the purpose of the export is the starting point, with any compliance documentation supporting licence use filed for audit.

Also integral to compliance is that those transferring electronic controlled data, technology or software, understand their compliance obligations, both to the business they support and to the UK export control regulations.

Records can be kept on spreadsheets. Processes can be recorded as flow charts. Records for compliance audit do not need to be over complex, just fit for purpose.

There are government guidelines on the export of controlled technology, the link to it is below:

https://www.gov.uk/government/publications/exporting-military-or-dual-use-technology-definitions/export-of-technology-remote-access-and-the-use-of-cloud-computing-services

 While you are here you may be interested in some Strong & Herd LLP training courses & live clinics related to this topic:

The Export Course - 2 Day Course

Introduction to UK Export Licensing Controls

Beginners Guide to UK, EU & US Export Licensing