On 25 June, the UK Department for International Trade published Notice to Exporters 2019/09 saying that the judgment is not about whether the decisions themselves were right or wrong but whether the process used to reach these decisions was correct.  It says that the government disagrees with part of the judgment and is seeking permission to appeal – and is now carefully considering the implications of the judgment for decision-making.  However, the ECJU will not grant any new licences for exports to Saudi Arabia and its coalition partners (UAE, Kuwait, Bahrain and Egypt) which might be used in the conflict in Yemen. Extant licences – i.e. those granted before this judgment – are not immediately affected, and exporters may continue to export under extant licences, but the government is required by the Court to reconsider the decisions made about those licences.  The ECJU has also stopped new registrations for 6 open general export licences (OGEL) – though exporters which have already registered their use may continue to use them to export to Saudi Arabia and its coalition partners, subject to the terms and conditions of the licences.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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