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United Kingdom: ECJU removes Afghanistan as destination for open general export licences

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Following recent events in Afghanistan, on 18 August 2021 the ECJU announced that open general export licences in five categories, including dual-use items, may no longer be used where the permitted destination is Afghanistan. These are:

  1. OGEL (export after exhibition: dual-use items)
  2. OGEL (export for repair/replacement under warranty: dual-use items) from December 2019
  3. OGEL (export for repair/replacement under warranty: dual-use items)
  4. OGEL (X) – from December 2019
  5. OGEL (X)

Any export of military or dual-use items to Afghanistan will now require a standard individual export licence, which only allows for export by the specified exporter of a stated quantity or specified items to a named consignee or end-user. This is in contrast to the broader terms of an open general export licence, whereby controlled items could be exported to an approved destination as long as the terms and conditions of the licence were complied with.

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Sunny Mann is a Partner in Baker McKenzie's London office and co-leads the UK Compliance and Investigations Practice, as well as the UK International Commercial and Trade Practice. Both these practices are ranked Tier 1 by Legal 500 UK. He has also worked in our Firm's Washington DC, New York and Sydney offices. Sunny also advises many clients on risk matters in India. He advises clients (including numerous FTSE 100 and Fortune 100 businesses) on compliance and investigations with respect to export controls, trade sanctions and anti-bribery rules. The Legal 500 ranked Sunny as a “Leading Practitioner", and as "excellent", with a ‘calm’ and "very practical" approach. The India Business Law Journal also noted that Sunny is "excellent and has deep experience in India". He is a Visiting Professor at the College of Europe, the leading institute for post-graduate European studies, where he teaches a course on Corporate Compliance.

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