Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether she is taking steps to implement the Export Controls and Human Rights Initiative Code of Conduct.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
The UK is a subscribing state to the 'Code of Conduct for Enhancing Export Controls of Goods and Technology that could be Misused and Lead to Serious Violations or Abuses of Human Rights'. The UK has committed to applying export controls to ensure that relevant goods and technologies are used in compliance with international human rights law.
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, with reference to the Export Controls and Human Rights Initiative Code of Conduct, what recent discussions she has had with (a) the private sector, (b) academics and (c) civil society representatives on human rights and the implementation of export control measures.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
The Export Control Joint Unit has a regular and ongoing dialogue with the private sector, academics and civil society representatives about all aspects of export control policy and implementation, including human rights.
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, with reference to Table 2.3 of the UK strategic export controls annual report 2022, published on 19 July 2023, HC1681, how many (a) Standard Individual Export Licence and (b) Standard Individual Trade Control Licence export applications were refused under Criterion 2 of the Strategic Export Licensing Criteria due to (i) a clear risk that the items might be used to commit or facilitate internal repression, (ii) established serious violations of human rights in the destination country and (iii) a clear risk that the items might be used to commit or facilitate a serious violation of international humanitarian law.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
As part of our commitment to transparency, HM Government publishes data on export licensing decisions on a quarterly basis in the Official Statistics, including data on outcome, end user destination, overall value, type (e.g. military, other) and a summary of the items covered by these licences. This data is available at: https://www.gov.uk/guidance/strategic-export-controls-licensing-data.
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what assessment she has made of the effectiveness of UK export controls in controlling the proliferation of sensitive technology in the areas of (a) artificial intelligence, (b) quantum, (c) biometric tools and (d) intangible technology transfers.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
The Government has been reviewing export controls and their application to sensitive emerging technologies across a range of sectors.
We are looking shortly to publish the results of that review and launch a public consultation on the process for ensuring the controls evolve to meet the challenge of new and emerging technologies.
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, with reference to Table 2.3 of the UK strategic export controls annual report 2022, published on 19 July 2023, HC1681, what the destination countries were for refused (a) Standard Individual Export Licence and (b) Standard Individual Trade Control Licence export applications broken down by each Criterion.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
As part of our commitment to transparency, HM Government publishes data on export licensing decisions on a quarterly basis in the Official Statistics, including data on outcome, end user destination, overall value, type (e.g. military, other) and a summary of the items covered by these licences. This data is available at: https://www.gov.uk/guidance/strategic-export-controls-licensing-data.
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, on how many occasions the Change in Circumstances Review assessment process in the Export Controls Joint Unit has led to extant export licences being revoked in each year since 2010; and what the destination country was in each case.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
The Export Control Joint Unit (ECJU) has in place an established process for responding at pace to changing conditions in a country where the UK has previously granted export licences, and where those licences remain extant.
The FCDO advises DBT on the situation in country and the risks this poses with respect to the UK’s export control responsibilities. The MOD advises DBT on the risks of diversion of exported goods and national security risks arising from hostile state activity. The Department of Business and Trade, with DBT Secretary of State as the decision-making authority, decides whether to amend, suspend or revoke any relevant licences.
We publish comprehensive Official Statistics every quarter about the decisions we make on licence applications, including any decisions to suspend or revoke licences. This data is available at: https://www.gov.uk/guidance/strategic-export-controls-licensing-data.
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what criteria are used to decide to initiate the Change in Circumstances Review process in the Export Controls Joint Unit.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
All licences are kept under careful and continual review as standard. We are able to amend, suspend or revoke extant licences and refuse new licence applications as circumstances require.
The Government can and does respond quickly and flexibly to changing or fluid international circumstances. ECJU has in place an established process for responding at pace to changing conditions in a country where the UK has previously granted export licences, and where those licences remain extant.
The criteria for initiating this process can include, but are not limited to, protests, coup d’etats, changes to sanctions, or conflict with a neighbouring country.
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what recent assessment she has made of the effectiveness of export controls on cyber-surveillance tools.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
The UK already controls the export of a range of cyber-surveillance tools. Export licence applications for such items are rigorously assessed against the Strategic Export Licensing Criteria taking full account of risks to national security and human rights. The UK Government continues to work through the international export control regimes to ensure these controls remain up-to-date.
In assessing licences involving sensitive communications technology, the Export Control Joint Unit also takes advice from HM Government’s National Cyber Security Centre.
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, how many strategic export licence applications were escalated to Ministers in (a) her Department, (b) the Foreign, Commonwealth and Development Office and (c) the Ministry of Defence in each year since 2010; and what the destination countries were in each such case.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
Export licence applications are assessed on a case-by-case basis against announced policies and the Strategic Export Licensing Criteria (SELC). Given the high volume of decisions taken every week, the vast majority of licensing applications are decided upon by officials within the Export Control Joint Unit acting on behalf of the Secretary of State for Business and Trade, using the framework provided by the SELC. These decisions are taken in consultation with officials from other government departments including the Foreign Commonwealth and Development Office and the Ministry of Defence.
In practice a very small proportion of export licensing decisions are escalated to Ministers. For example, this happens when a decision is finely balanced or when Ministers have asked for certain types of cases to be referred to them for decision. As with any part of Government, ECJU officials would consult Ministers from the three Departments in the normal course of their work, including on some export control applications, as and when necessary. We do not maintain a central record of how many times this has happened in the last 14 years.
Ministers are always consulted on any decisions related to revoking or suspending licences. We report on the volume of revoked and suspended licences in our Quarterly Statistics and Annual Report. These can be accessed here: https://www.gov.uk/government/collections/strategic-export-controls-licensing-data
Asked by: Liam Byrne (Labour - Birmingham, Hodge Hill)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, with reference to Table 2.4 of the UK strategic export controls annual report 2022, published on 19 July 2023, HC1681, for what reasons the number of (a) Standard Individual Export Licences and (b) Standard Individual Trade Control Licences revoked under Criterion 1 increased in 2022.
Answered by Alan Mak - Minister of State (Department for Business and Trade) (jointly with the Cabinet Office)
Following Russia’s invasion of Ukraine the Government expanded the scope and scale of its sanctions measures against Russia. This resulted in an increase in export licences needing to be revoked because they were not consistent with new sanctions. Consequently, these licences were revoked under Criterion 1.