On September 2, 2024, the UK government announced its decision to suspend with immediate effect arms export licences to Israel for use in military operations in Gaza. The decision affects around 30 extant export licences out of a total of approximately 350 export licences to Israel. Amendments also have been made to several open general licences (“OGLs”) to give effect to the UK government's decision by removing Israel as a permitted destination under those OGLs. Consequently, new export licence applications involving those items will be assessed more closely on a case-by-case basis in line with the scope of the announced suspension and the UK strategic export control criteria.
Background to Announced Measures
In a written statement to the House of Commons made on September 2, 2024, the Secretary of State for Business and Trade stated that “the UK government has been absolutely clear that Israel must, in taking military action to support its legitimate right to self-defence, do so whilst adhering to International Humanitarian Law.”
In an oral statement to the House of Commons also made on September 2, 2024, Foreign Secretary Lammy stated that, as concern has risen regarding the situation in Gaza, “many in [the House of Commons], as well as esteemed lawyers and international organisations, have raised British arms export licensing to Israel.” Upon entering office in July 2024, Foreign Secretary Lammy commissioned a forward-looking review of Israel's compliance with international humanitarian law, as criterion 2C of the UK strategic export licensing criteria provides that the UK government will “not issue export licences if there is a clear risk that the items might be used to commit or facilitate serious violations of international humanitarian law.”
Addressing the House of Commons, Foreign Secretary Lammy stated that “the assessment [he has] received leaves [him] unable to conclude anything other than that, for certain UK arms exports to Israel, there exists a clear risk that they might be used to commit or facilitate a serious violation of international human rights.” As a result of this assessment, the Secretary of State for Business and Trade issued a press release announcing the suspension of around 30 export licences for items used un the current conflict in Gaza that go to the Israel Defence Forces (“IDF”).
In announcing the export licensing suspension, the UK government noted that “[t]he suspension will not change the UK's steadfast support for Israel's security, and the decision will be kept under review.” For transparency, the Foreign, Commonwealth, and Development Office also has published a policy paper summarising the assessment underpinning its decision, which focuses on three key areas: (i) humanitarian factors; (ii) treatment of detainees; and (iii) conduct of hostilities.
The Export Licence Suspension
The export licence suspension announced by the UK government is not a blanket ban or full arms embargo. The suspension applies with immediate effect to around 30 items that could be used in the current conflict in Gaza. The items impacted by these targeted licence suspensions include components that go into military aircraft such as F-16 fighter aircraft, helicopters, unmanned aerial vehicles, and naval systems, as well as items facilitating ground targeting. Affected exporters will be notified of the suspension by the Department for Business and Trade's Export Control Joint Unit (“ECJU”) and informed of the actions that must be taken.
All new export licence applications also will be assessed in line with the scope of the export licensing suspension announced by the UK government. To facilitate that additional scrutiny, the ECJU has amended five OGLs to remove Israel as a permitted destination in light of the UK government's decision, as follows:
- Open General Export Licence PCBs and Components for Military Goods;
- Open General Export Licence Technology for Military Goods;
- Open General Export Licence Software and Source Code for Military Goods;
- Open General Trade Control Licence for Category C Goods; and
- Open General Trade Control Licence Trade and Transportation: Small Arms and Light Weapons.
Businesses that previously relied upon any of these OGLs to export items to Israel will now need to apply for specific export licences, which will be assessed by the ECJU against the UK strategic export licensing criteria, as well as in light of the UK government's decision to suspend certain export licensing to Israel.
The UK government has decided that a number of export licences do not require suspension because they have been assessed as not being for military use in the current conflict in Gaza. For example, items that are not being used by the IDF in the current conflict such as trainer aircraft, naval equipment, and other non-military items fall outside the scope of the suspension. Export licences for civilian use covering a range of products such as food testing chemicals, telecoms, and data equipment also are not caught by the announced suspension.
Partial Exception to Suspension for F-35 Joint Strike Fighter Programme
The F-35 Joint Strike Fighter Programme (“F-35 Programme”) is a collaborative, multi-national programme that supplies aircraft to more than 20 countries, including many of the UK's allies. The F-35 Programme is crucial to the security of the UK, its allies, and NATO. The F-35 Programme has a significant dependence on the UK, which provides a number of unique and critical components. In announcing the UK government's decision on export licensing, both Foreign Secretary Lammy and the Secretary of State for Business and Trade noted that it is not possible for the UK to suspend licensing of F-35 components without prejudicing the entire global F-35 Programme, including its broader strategic role in NATO and support for Ukraine.
In recognition of the pivotal role the F-35 Programme plays in supporting international peace and security, the Secretary of State for Business and Trade has decided to exempt exports to the global F-35 Programme from the suspension of export licensing, except when those components would go directly to Israel.
In furtherance of this decision, the ECJU has amended the Open General Export Licence (exports in support of Joint Strike Fighter: F-35 Lightning II) to reduce the scope of exports to Israel it authorises to exclude direct exports.
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