Export Licences – Important.
Good news for owners of vehicles less than 50 years old.
Export Licences.

The Department for Business, Innovation and Skills (BIS), Export Control Organisation (ECO) has announced the introduction of an amended Open General Export Licence (OGEL) which permits the export of certain ‘Historic Military Vehicles and Artillery Pieces’, to specified destinations. The amended licence took effect from the 1st November 2009 and replaced an earlier version entitled Vintage Military Vehicles.

Background:

The UK controls the export of military items, (described in the Export Control Order 2008, as amended), this includes ex-military vehicles and trailers. The controls on such items are not new, but have in fact been in force for a number of years. However, recent publicity over the introduction of updated export control legislation and the large participation of UK persons in the D Day commemorative events early this year has served to highlight the existing export restrictions.

As a direct response to the requirements of these events the ECO created and issued a new OGEL (Vintage Military Vehicles) on 26th May 2009 in order to minimize the licensing burden on a large number of private individuals wishing to take their ex-military vehicles to the various D Day events taking place in Europe before returning them to the UK. It is this licence which has now been amended and re-issued.

Summary of goods and activities permitted by the amended Licence:

The temporary export of certain de-activated artillery pieces and military vehicles to the other 26 European Union Member States, the Channel Islands and Norway, providing,

Ø the items are being exported for the purposes of an historic re-enactment, historic commemorative event, private battlefield tour or private recreational purposes, and no other military purpose;

Ø are not classified by the MoD as Restricted or above;

Ø will be returned to the UK within 3 calendar months;

Ø the artillery pieces shall be certified and registered by a UK Proof House as:

- having been rendered incapable of firing any ammunition and intended for static display
purposes, or;
- permanently converted to only fire blank ammunition, and intended for re-enactment or
commemorative events.

Ø the vehicles shall be:

-manufactured more than 50 years before the date of export, or;
- less than 50 years old and are registered with DVLA as “private” or “historic”.

Ø certain items that are specifically related to the type and period of the artillery and vehicle

General export control information and advice together with full details of the terms and conditions of the OGEL (Historic Military Vehicle and Artillery Pieces), can be found on the Export Control Organisation website: http://www.berr.gov.uk/exportcontrol
Registration is required for the use of the OGEL through the SPIRE portal.
NOTE: If you have already registered for the previous OGEL (Historic Military Vehicles), your registration details will automatically be transferred to the amended licence so you will not need to re-register.
The following paragraphs may be of assistance for those wishing to obtain details of the OGEL and, if appropriate, apply for registration:
1. To Access the new OGEL
2. To Register for the OGEL
3. Guidance Notes/Q&A
Once Registration has been completed, for the MV owner taking their vehicles abroad as often as they wish, there is no further requirement to submit documentation or make further applications. The only requirement is to ensure the conditions of the OGEL are adhered to, particularly in respect of returning vehicles to the UK, and maintaining appropriate records. Inconvenience to the MV owner has therefore been kept to a minimum.
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1. To access the new OGEL
Log in to the above webpage.
Click on: Export Control Organisation. (Left hand side of screen, at top)
New screen: Click on: Licences (Left hand side at top)
New screen: Click on: Open General Export Licence (OGEL). (Middle of page about one third way down)
New screen: Click on: Military Goods OGELs. (Left hand side, half way down)
New screen: Click on: OGEL (Historic Vehicles and Artillery Pieces) (Middle of page, list of OGELs)
New screen: Click on: Open general export licence (historic military vehicles and artillery pieces) (Middle of page about one third way down)
New page: This provides the details of the OGEL in full.
Please read this through to ensure you and your vehicles are compliant with the OGEL. It is your personal responsibility to comply with the law. Please also note the conditions of the OGEL, particularly in regard to the maintenance of records of overseas trips
(NB: To access the full Military List (ML), as referred to in Schedule 1 of the OGEL, proceed as follows:
Go to website, http://www.bis.gov.uk/exportcontrol .
Left hand side at top, Click on: Export Control Organisation.
New screen: Left hand side, click on: UK Strategic Export Control Lists
New screen: Middle of page about one third way down, click on: Military List
New screen: Middle of page about one third way down, click on: UK military list: the UK military list of items that require export authorisation
New screen: This gives you the full list as referred to in the new OGEL.)
If you and your vehicles are compliant with the terms of the new OGEL, print off the OGEL, and keep it with you when you take a vehicle out of the country to show if a Customs Officer asks to see your Export Licence. Then Register for the new OGEL.
2. To Register for the new OGEL.
NOTE: If you have already registered for the previous OGEL (Historic Military Vehicles), your registration details will automatically be transferred to the amended licence so you will not need to re-register.
To register, please adopt the following procedure:
a. Go to the website: http://www.spire.bis.gov.uk/

b. Log in to ‘New Account Registration’, and follow the instructions. Where it asks for your ‘Organisation’, type in: Self.
c. Once you have completed the ‘New Account Registration’ procedure, and logged in again under your new password, you will have a screen headed ‘Workbasket’. Click on ‘New Application’ on the left of screen.
d. A new screen: Type of Application. Scroll down to OGL/CGEA , click on button: OGL/CEGA, then click on: ‘Start application’
e. A new screen: OGL/CGEA. Click on the down arrow in the box: ‘Select one’. Scroll down to: Open General Export Licence (Historic Military Vehicles and Artillery Pieces). Then click on ‘Next’.
f. A new screen: Proposed Licencee. Click on button: ‘Individual’.
g. A new screen: Proposed Licencee: Person Details. Fill in the boxes as shown. (For your address, click on ‘Select Address’, and follow instructions). When address/email/telephone details completed click on ‘Next’. (Don’t forget the boxes alongside the ‘Email Address’ and ‘Telephone Number’).
h. A new screen: Contact. Click the button: ‘Organisation with Contact’. A ‘Message from Webpage’ box will pop up: Are you sure you want to change the type. Click on ‘OK’.
i. A new screen: Contact: Person Details. Fill in the boxes as shown (your own details again) as above – ignore ‘Job Title’. In box: ‘Organisation Name’ state: Self. In box: ‘Nature of Business’ state: Military Vehicle Collector. Ignore the ‘Website’ box. Then click on ‘Next’
j. A new screen: Validation Error Summary. If no errors are shown, click on ‘Next’.
k. A new Screen: Declaration. In box ‘Relationship’ scroll down to: ‘Named Individual for this application’ and click on it. Then type ‘I AGREE’ in the next box. Then click: ‘Submit Application’.
l. A new screen: Application Submitted. This confirms your application has been submitted, and gives your reference number.
m. Print this page and take it with you whenever you take a Military Vehicle out of the UK, and show it to the Customs Officer if he asks for your export licence (and keep it with the OGEL you printed off, as above).
n. Your application will then be checked by the ECO. Providing they have no concerns they will send an acknowledgement to you by email, a few days later, notifying that you have registered for the OGELs as per the application. This notification will appear in your workbasket and the final part of the process is that you have to acknowledge the notification. The email will ask you to go into your ‘Workbasket’ via the link on the email. Once in your Workbasket’ click on the word Acknowledgement (in red) on the right hand side. A new screen will appear. Click on the button marked ‘Acknowledgement’ on the bottom left of the screen. The next screen will be your ‘Workbasket’ again, and you can then log out. You will now be formally registered for the OGEL.

3. Questions and Answers:

The following Questions/Answers, as provided by the ECO, may be of assistance when considering whether or not you can use the OGEL.
Q: I have recently purchased an ex-military Landrover and wish to take it on a touring holiday to France. Do I need a UK export licence and if so can I use the OGEL?
A: Assuming the Landrover is to a military specification or includes military controlled components (e.g., NATO tow bar, blackout lighting, etc), an export licence will be required. The OGEL will permit the temporary export of a military vehicle for recreational purposes (which includes holidays) providing you return to the UK within 3 calendar months and can satisfy the terms and conditions set out in the licence, including the need to register with the ECO your intention to use the OGEL. If you can not meet the terms and conditions of the OGEL, you will need to apply for a Standard Individual Export Licence (SIEL).
Q: I intend to take my vehicle and tour around various European countries in it. If I register for the OGEL will this cover both the initial export from the UK and subsequent movements between the European countries prior to bringing it back to the UK?
A: No. The OGEL only covers the UK’s export control requirements. Where other countries apply similar national restrictions you may also need to obtain approval from those countries for any subsequent exports.
Q: What is the mechanism for informing the ECO of the exporters name and location of the records?
A: The Registration process must be completed on line via SPIRE portal, a tool which is accessed via the BIS Export Control website.
Q: Does this need to be done on every occasion that a vehicle is exported?
A: No, you only need to register for the use of the OGEL once, although this must be done not later than 30 days after the first export of the goods.
Q: If I have already registered to use the old OGEL, because my vehicle(s) is(are) over 50 years old, do I have to register again for the new OGEL?

A: No, there is no need to re-register as the amended OGEL replaced the original and your unique SPIRE reference will not have changed.
Under paragraph 3(7) of the OGEL the exporter is required to maintain records of each export including;
- “confirmation of the type of event”
- “… evidence of return”
- “… confirmation of the age of the goods”
Q: What would be acceptable as “confirmation of type of event”?
A: The ECO is likely to be flexible about what it would be prepared to accept. Basically any paperwork which identifies the event/occasion would be accepted.
Q: What would constitute “..evidence of return”?
A: Again the ECO is likely to be flexible about what it would be prepared to accept as evidence of return. If nothing else is available a copy of the return ticket would suffice.
Q: Would a copy of the DVLA Licence, which requires a date of manufacture, be acceptable as evidence of “…confirmation of the age of the goods”?
A: Yes.
Q: For vehicles, such as tanks, which may not necessarily be registered with the DVLA (as only used on private land, not public roads, and being taken on a transporter to an event on private land) would a statement from either the MVT or IMPS as to the date of manufacture be acceptable?
A: Yes. Bearing in mind that only vehicles manufactured over 50 years before the date of export can be exported under the OGEL, unless they are registered with the DVLA as private or historic.
Q: In the Explanatory Note attached to the licence a reference is made to the need for a separate licence for goods over 50 years old and a value in excess of £65,000.00. Is it possible to advise why an additional licence from the Department of Culture, Media and Sport (DCMS) is necessary?
A: Separate export control legislation is in force in respect of cultural/antique goods. This legislation is the responsibility of the DCMS. The £65,000.00 cut off is based on existing cover provided by their Open General Export Licence. Any individual item exceeding that value will therefore require a separate licence from DCMS.
Q: The requirement to use the BIS website for licence applications may present difficulties to those Military Vehicle owners who do not possess internet access?

A: Unfortunately, the whole licensing process is now electronic via SPIRE. A paper application is no longer an option.

For further details of the OGEL or strategic export controls please contact:

Export Control Organisation
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET

Tel:020 7215 4594
Fax 020 7215 2635
Email: eco.help@bis.gsi.gov.uk

Please do NOT contact your Military Vehicle club.
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The BIS have said that they will review this OGEL after it has been operational for a year, to see if there is any need to amend it in the light of practical experience.
If you have any further questions about the export licence please contact the ECO Help Desk. Their telephone number is: 020 7215 4594. Please do NOT contact your Military Vehicle club or the DVLA.

Please remember the responsibility to comply with the law is yours, and penalties for failure to do so are severe (maximum: 10 year prison sentence).

James Baxter