Written questions by Mohamed.

What steps he is taking to ensure controlled UK miliary items are not exported without proper authorisation.

Any exporter seeking to export controlled items is subject to the UK’s Export Control regime as established under the Export Control Act 2002. All applications for export licences are assessed against the Strategic Export Licensing Criteria. Overall responsibility for enforcement of export controls rests with HMRC. HMRC works closely with Border Force to conduct customs checks to ensure exports are appropriately licences and, where necessary, seize goods at the port. The export of goods in contravention of our licensing controls is a serious offence and can result in a substantial prison sentence.

What the cost to the public purse has been of responding to Investor-State Dispute Settlement claims brought against the UK since 2000, including legal fees and arbitration costs.

The UK has 77 BITs with Investor-State Dispute Settlement (ISDS) provisions. The Government is defending two active arbitrations, neither of which have been settled or concluded. The Government has acted consistently with domestic and international law obligations. In view of the ongoing proceedings, it would be inappropriate for the Government to comment further at this stage.

How many Investor-State Dispute Settlement cases involving the UK (a) are ongoing, (b) have been settled and (c) have been concluded.

The UK has 77 BITs with Investor-State Dispute Settlement (ISDS) provisions. The Government is defending two active arbitrations, neither of which have been settled or concluded. The Government has acted consistently with domestic and international law obligations. In view of the ongoing proceedings, it would be inappropriate for the Government to comment further at this stage.

How many Investor-State Dispute Settlement claims have been brought against the UK in each year since 2000.

The UK has 77 BITs with Investor-State Dispute Settlement (ISDS) provisions. The Government is defending two active arbitrations, neither of which have been settled or concluded. The Government has acted consistently with domestic and international law obligations. In view of the ongoing proceedings, it would be inappropriate for the Government to comment further at this stage.

How much compensation has been paid to claimants as a result of Investor-State Dispute Settlement rulings and settlements.

The UK has 77 BITs with Investor-State Dispute Settlement (ISDS) provisions. The Government is defending two active arbitrations, neither of which have been settled or concluded. The Government has acted consistently with domestic and international law obligations. In view of the ongoing proceedings, it would be inappropriate for the Government to comment further at this stage.

Whether his Department has undertaken a review of the continued inclusion of Investor-State Dispute Settlement provisions in UK trade and investment agreements.

Investor State Dispute Settlement (ISDS) provides an independent means for investors to resolve disputes with states where they believe they have experienced arbitrary, discriminatory or unfair treatment or expropriation without compensation. The Government is aware of the interest in this important policy area and, in line with HMG’s Trade Strategy, the UK will continue to work with trading partners multilaterally, such as the OECD and the UN, to pursue opportunities to improve ISDS practice.

Whether his Department holds information on the number of Investor-State Dispute Settlement claims that have been initiated by UK-based investors against foreign governments in each of the last 20 years.

The Government does not keep a record of Investor-State Dispute Settlement (ISDS) claims where it is not a disputing party. The United Nations Commission on Trade and Development maintains a database of known ISDS claims, including those initiated by UK-based investors. This can be found at: https://investmentpolicy.unctad.org/investment-dispute-settlement .

What assessment his Department has made of the potential implications for his Department’s policies of Colombia's announcement that it will withdraw from the Investor-State Dispute Settlement (ISDS) system.

The Government values the role played by the UK-Colombia Bilateral Investment Treaty (BIT) in the investment relationship between our countries. It includes binding investment protection provisions under the ISDS which protect both UK and Colombian investors against unfair and discriminatory treatment, and expropriation without adequate compensation. My Department has not received a formal approach from its Colombian counterparts to discuss the UK-Colombia BIT or its ISDS provisions.

What steps his Department is taking to ensure UK-origin components are not used in military operations in breach of the UK’s export control criteria and international law.

That is the whole purpose of of Export Control system, which is one of the most robust export licensing regimes in the world. Exporters seeking to export controlled military or dual-use goods must seek an export licence before doing so, as set out in the Export Control Order 2008.Export licence applications are rigorously assessed by the Export Control Joint Unit against the Strategic Export Licensing Criteria, which includes consideration of the UK’s international and domestic commitments, including sanctions and where the UK has suspended exports of military equipment to certain destinations.

Whether his Department has imposed export controls on any drone engine manufacturers to on the basis they may be in breach of the UK’s export control criteria and international law.

Any exporter seeking to export controlled items is subject to the UK’s Export Control regime as established under the Export Control Act 2002. All applications for export licences are assessed against the Strategic Export Licensing Criteria, which include consideration of international law.The export of goods in contravention of our licensing controls is a serious offence – in recent months a company director received a substantial prison sentence for attempting to export military equipment without a licence, following a successful prosecution by HMRC.

What steps his Department is taking to improve transparency in arms licensing.

The UK's Export Control regime is one of the most transparent in the world. Since this Government came into office, we have ensured publications of export licensing information are as timely as possible in order to aid public and Parliamentary scrutiny.The Export Control Joint Unit (ECJU) publishes a significant amount of information. This includes quarterly and annual statistics on export and trade control licensing decisions and supporting tools such as the publicly searchable database of licensing data. We have also periodically published additional information releases relating to specific exports and destinations, to support public and parliamentary scrutiny.

Whether his Department has had recent discussions with UAV Engines Ltd on arms export licence requirements.

All companies seeking to export military or dual-use goods are subject to the export control requirements set out in the Export Control Order 2008 and accompanying guidance. All licence applications are rigorously assessed on a case-by-case basis against the UK’s Strategic Export Licensing Criteria.The Export Control Joint Unit (ECJU) regularly correspond with exporters on their export licensing requirements. It is not the regular practice of the Department to publicise details of discussions with specific exporters in view of potential commercial sensitivities.

Whether his Department has published guidance to companies on determining whether goods fall within military export control classifications.

Yes. Even a cursory internet search will show that we publish extensive guidance on the UK’s export control regime on GOV.UK. This includes information on the regulatory framework for strategic export controls, our lists of controlled items and the circumstances where exporters might need an export licence. There is also a ‘Goods Checker’ tool which exporters can use to establish if their items are controlled.If exporters are still in any doubt about the classification of their goods they can use the Control List Classification Service where specialists in the Export Control Joint Unit will provide a formal advisory classification against the UK control lists. Finally, an exporter should submit an application using our LITE system if they suspect an export licence may be required. We will assess the control status of the goods, and any relevant sanctions measures in place.

Whether any UK-manufactured components not requiring export licences have been supplied to Israeli defence companies since October 2023.

The requirement for an export licence is set out in the Export Control Order 2008, Schedule 2 of which covers Unmanned Aerial Vehicles (UAVs) and parts thereof (under ML10). Export licence applications for all controlled goods, including UAV components specially designed or modified for military use, are rigorously assessed on a case-by-case basis against strict assessment criteria, the Strategic Export Licensing Criteria.Where licence applications include items that are not covered by the 2008 Order, exporters can be informed that no licence is required. Beyond such cases, by definition, the Department does not hold information on the export of items that fall outside of export controls. For goods export data, you should refer to HMRC, who publish UK trade in goods statistics by partner country and product which can be found on www.uktradeinfo.com.

What information his Department holds on the number of companies that have exported drone engines to military customers in Israel without requiring an export license.

The requirement for an export licence is set out in the Export Control Order 2008, Schedule 2 of which covers Unmanned Aerial Vehicles (UAVs) and parts thereof (under ML10). Export licence applications for all controlled goods, including UAV components specially designed or modified for military use, are rigorously assessed on a case-by-case basis against strict assessment criteria, the Strategic Export Licensing Criteria.Where licence applications include items that are not covered by the 2008 Order, exporters can be informed that no licence is required. Beyond such cases, by definition, the Department does not hold information on the export of items that fall outside of export controls. For goods export data, you should refer to HMRC, who publish UK trade in goods statistics by partner country and product which can be found on www.uktradeinfo.com.

What assessment his Department has made of whether dual-use components, including drone engines, should fall within the scope of export licensing requirements given the Strategic Export Licensing Criteria.

The requirement for an export licence for military and dual-use items is set out in the Consolidated List of Strategic Military and Dual-Use Items that Require Export Authorisation.The dual-use list specifies, at entries 9A012 and 9A112, unmanned aerial vehicles and components that are subject to controls. These controls implement the UK’s commitments under the Wassenaar Arrangement and Missile Technology Control Regime. We keep these controls under regular review working with the international partners who operate similar regimes.

Whether his Department plans to review the criterion of specially designed or modified for military use in the schedule 2 of the Export Control Order 2008.

The Government keeps UK export controls under constant review and export control legislation, including Schedule 2 of the Export Control Order 2008, is updated on a regular basis to remain compliant with our national and international obligations and commitments.Schedule 2 of the Export Control Order principally derives from the UK's international commitments under the Wassenaar Arrangement on conventional arms and dual-use goods and technologies, and thereby reflects the discussions and agreements reached with relevant partners. Any change would need therefore to be agreed internationally.

How many items of protective body armour his Department has supplied for use by journalists operating in Gaza since October 2023.

The Department for Business and Trade does not supply body armour, and the export of body armour for personal protection when accompanying its user (for their own use) is not subject to export control. Nonetheless the Department has approved 12 licences for the export of protective body armour for use by news organisations in Israel or Palestine since October 2023. Of these, 9 relate to Media Open Individual Licences which allow export to a wide range of countries. Similar equipment has also been licensed for export for use by NGOs in the region. The UK is appalled by the extremely high number of fatalities, arrests and detentions of media workers in the State of Palestine. We have called on all parties to fully uphold International Humanitarian Law and ensure protection of civilians including journalists.

What assessment he has made of the potential impact of the International Court of Justice Advisory Opinion on Israel and the Occupied Palestinian Territories on trade with Israel.

We respect the independence of the International Court of Justice and continue to consider the Court’s Advisory Opinion carefully, with the seriousness and rigour it deserves.