Written question asked by Lord Alton of Liverpool (Crossbench), in the House of Lords. It was answered by Baroness Wilcox (Conservative) on Wednesday, 7 December 2011.

Surveillance: Telecommunications

Question: To ask Her Majesty’s Government whether, in the absence of formal re-export controls, it is an offence for a United Kingdom-based or controlled supplier to supply by electronic means software updates required for the continued effective functioning of items on the Wassenaar Arrangement’s munitionslist or dual-use list, (1) to IP addresses that lie within the range allocated to a country under sanctions, or (2) to a country in respect of which export licences have been given and no invocation of an open general export licence has been previously registered.

Answer: The export from the UK of software specially designed or modified for military use and of dual-use software as specified in Annexe I of Council Regulation (EC) 428/2009 by electronic means is subject to an export control requirement as specified in the relevant legislation and control lists. Country-specific sanctions regimes may include further controls on exports to those countries. The controls apply equally to software upgrades as to the original supply of software or equipment. In general, export controls are based on the country of destination of the items to be exported with a thorough risk assessment of all relevant information undertaken at the licensing stage. An export licence authorises specific items to be exported to one or more specified destinations, depending on the type of licence. If a controlled item is exported to a destination not authorised by an individual licence issued to that exporter, or by a general licence available for use by any exporter, then that would be an offence. Export control law does not refer explicitly to IP addresses in particular countries. The destination country of an export is determined on the facts of the case, which may include the IP address in the case of an export transacted by electronic means.

Secondary information

Type: Written question
Reference: 13878; 733 c182-3WA
Session: 2010-12
Subjects: Software Arms trade Export controls Sanctions Dual use goods and technologies Wassenaar Arrangement
Link: View this Written question on www.publications.parliament.uk