09/06/2024 | News release | Distributed by Public on 09/06/2024 04:19
Following US Governnment's recent approval of the new ITAR §126.7 exemption for AUKUS nations and organisations, expressions of interest are now open for companies wishing to join the Authorised User Community (AUC).
Authorised User Community Expression of Interest Form
For techUK members interested in joining the AUC, the MOD requires that a Responsible Official from your organisation complete the EOI form contained in this link.
For more information on the requirements of AUC membership and the application and onboarding process please read the below summary.
AUKUS ITAR Exemption Summary
Following the UK government's announcement on 16 August, the US government approved the new ITAR §126.7 exemption to remove the requirement for US ITAR licenses or other approval requirements for the export, re-export, retransfer (in-country), or temporary import of US origin Defence articles and services subject to ITAR between or among AUKUS nations and organisations, when part of the Authorised User Community (AUC). The AUC will officially commence on 02 September.
This ITAR exemption is a historic and ground-breaking new agreement to enable approved UK members of the AUC to operate without US ITAR licenses for specified ITAR controlled articles and services. Whilst offering the potential for significantly reduced administrative burden and overall lead times for operation, the exemption does require participants to meet several key compliance obligations, including achieving membership of the AUC for UK entities.
In addition to joining the AUC, other obligations of this exemption will include:
Requirements for AUC membership
The AUC is a group of approved entities (member governments, industry, academic institutions etc.) that are approved to make use of the US §ITAR 126.7 exemption. The Go Live date for UK AUC was 02 September 2024. The initial focus will be government to government transactions and transfers, as well as applications for onboarding the initial pilot group and some specific non-government entities.
Any entity involved in the handling of ITAR exempted items will need to join the AUC to realise the benefits of this US ITAR exemption. This includes intermediate consignee, logistics providers and providers of raw materials if they appear on the USML. Entities should also consider joining the AUC if you are likely to retransfer US AUKUS-exempted items between AUC members in the UK, irrespective of whether they have direct business with Australian entities. Note, the ITAR exemption and the AUC requirement does not extend to an AUC member in the UK who wants to export AUKUS exempted items to an AUC member in Australia. In this instance they will need to use the OGL administered by Department of Business and Trade (DBT)'s ECJU.
The AUC application form and onboarding process
As previously stated, the MOD is adopting a deliberate and phased approach for AUC applicants, to allow effective and efficient processing of applications. Early feedback will be captured from pilot testing and other early phase organisations, to allow refinements as the application process is rolled out more widely.
The AUC application form has been simplified (in comparison to the previous application form which required membership of the Approved Community under the existing US -UK Defence Trade Co-Operation Treaty (DTCT) and will enable the MOD to assess whether each UK entity meets the requirements for AUC membership, agreed with the US Department of State.
Initial phases will focus on entities with existing membership of the US -UK DTCT Approved Community, for which there has been a specific agreement with the US Department of State to undergo an expedited membership process. This will be followed by organisations with existing Defence Supplier Forum (DSF) membership or other established secure and formal relationships with Defence.
The MOD is aware from recent discussions with industry and trade associations that there have been a number of questions raised regarding the phased approach towards onboarding. Specifically, as to when SMEs will be able to apply for AUC membership. The intention is to prioritise membership applications based on operational requirements as well as processing time, so that benefits of the ITAR exemption can be realised quickly and with managed risks. We will therefore continue to work closely with all relevant trade associations (including those representing SMEs) to ensure access is enabled as effectively and efficiently as possible.
The MOD is expecting a large number of applications for the AUC but has limited resources to process them and will therefore use the EOI to prioritise applications. To manage expectations those companies without existing delivery contracts requiring access to ITAR controlled items will not be processed this year.
The EOI Form is only eligible for UK legal entities and must be completed accurately and in full by a responsible official who has suitable authority and knowledge to represent your organisation.
Following submission of an EOI, the response will be automatically submitted and reviewed by the MOD's DE&S International & Industry Cooperation (IIC) team. Once validated, the Team will then contact your responsible officer with your application processing timeline. You will be able to download a copy of the answers provided upon submission of the form. Please only submit one form per organisation. It should be noted that the response provided will be retained by the UK MOD.
Update on how transfers will work once part of the AUC
Only upon receipt of written confirmation from the IIC EC team that an entity is officially onboarded as an AUC member, can that entity start taking advantage of the ITAR 126.7 exemption.
AUC members must still ensure compliance with US ITAR requirements and register for, and meet the conditions of, the new UK OGL for AUKUS. They must also be aware of any new potential MOD F680 requirements, if applicable.
The MOD is currently reviewing and refining the complete, end to end, processes to ensure they are effective and fit for purpose. Further guidance on the transfer process will be provided in future communications through the Defence Suppliers Forum portal and mailing list.
Key contacts:
[email protected]MOD, DE&S, IIC EC (Multi-User)
Related communications:
Associate Director, Defence and National Security, techUK
Associate Director, Defence and National Security, techUK
Fred is responsible for techUK's activities across the Defence and National Security sectors, working to provide members with access to key stakeholders across the Defence and National Security community. Before taking on the role of Associate Director for Defence and National Security, Fred joined techUK in 2018, working as the Programme Head for Defence at techUK, leading the organisation's engagement with the Ministry of Defence. Before joining techUK, he worked at ADS, the national trade association representing Aerospace, Defence, Security & Space companies in the UK.
Fred is responsible for techUK's market engagement and policy development activities across the Defence and National Security sectors, working closely with various organisations within the Ministry of Defence, and across the wider National Security and Intelligence community. Fred works closely with many techUK member companies that have an interest in these sectors, and is responsible for the activities of techUK's senior Defence & Security Board. Working closely with techUK's Programme Head for Cyber Security, Fred oversees a broad range of activities for techUK members.
Outside of work, Fred's interests include football (a Watford FC fan) and skiing.
Email:[email protected]Phone:07985 234 170Chief Operating Officer & Director of Markets, techUK
Chief Operating Officer & Director of Markets, techUK
Matt Evans is techUK's Chief Operating Officer and leads our Market Programme teams.
The Market Programme teams help techUK members apply innovative technology solutions across a range of sectors, including the Public Sector, Telecoms, Climate, Financial Services and Cyber. Matt also leads our Nations and Regions work.
Matt sits on a number of industry bodies, including the UKspace Executive Committee and the Task & Finish Group on Industry Resilience for Critical Minerals. Matt has previously represented techUK on the Steering Board of the Electric Vehicle Energy Taskforce, Digital Framework Task Group and the advisory board for the Prospering from the Energy Revolution industrial challenge fund.
Prior to his appointment in early 2019, Matt led techUK's Smart Infrastructure and IoT work, as well as being CEO of the Broadband Stakeholder Group (now Digital Connectivity Forum). During this time he led the telecoms industry's approach to lowering the cost of network deployment, played a key role in coordinating it's response to Brexit and was closely involved in the development of the Government's Future Telecoms Infrastructure Review. He also assisted in the development of the UK's first secure by design Code of Practice aimed at consumer IoT, oversaw the publication of a paper outlining the tech sector's view of future mobility services and drove engagement around the use of digital twins.
Prior to joining techUK, Matt worked in Arqiva's public policy team, across the broadcast and telecoms markets. Before that he was a researcher for an MP at Westminster.
Email:[email protected]Phone:020 7331 2034Twitter:@Matthew_evsLinkedIn:https://www.linkedin.com/in/matthew-evans-1349b145/