AUKUS and export controls

What changed

• United States (ITAR). From 1 September 2024, the US State Department introduced an AUKUS exemption in the International Traffic in Arms Regulations. It allows many defence articles, services and technical data to move among eligible "authorised users" in the three countries without individual US licences. Some items are excluded, and conditions apply.
• United States (EAR). The Commerce Department has also eased licence requirements for many dual-use items going to Australia and the UK.
• United Kingdom. The UK introduced reciprocal arrangements, including an open general export licence covering many exports to Australia and the US.

What AUKUS covers

AUKUS has two main parts. Pillar I concerns Australia's acquisition of conventionally armed, nuclear-powered submarines. Pillar II covers advanced capabilities developed together, such as undersea capabilities, quantum technologies, artificial intelligence and autonomy, advanced cyber, hypersonics and electronic warfare. The export control changes are meant to let companies and governments in the three countries share technology for this work with fewer individual licences.

Who can benefit

The ITAR exemption applies to entities and individuals approved as authorised users by their own government. It doesn't apply automatically to every UK company. A UK firm that wants to rely on it needs to understand the eligibility process, the excluded technologies, and the record-keeping and re-transfer conditions that come with it.

The UK basics that still apply

1. Classify your items. Check whether your goods, software or technology appear on the UK Strategic Export Control Lists (military or dual-use). See control list classification.
2. Check the licence route. Standard individual export licences, open individual licences and open general licences each have conditions. Open general licences usually require registration before use.
3. Remember intangible transfers. Emailing drawings, sharing cloud folders or granting remote access can be an export of technology.
4. Screen end users and destinations against sanctions and embargoes.
5. Keep records as the licence requires, and be ready for compliance audits.

The UK side: the AUKUS open general licence

GOV.UK lists an open general export licence for the AUKUS nations among its military OGELs. Like every OGEL, it covers only the items, destinations and end uses in its text, and it must be registered before use. Check the current version on GOV.UK, including its exclusions and record-keeping conditions. For how open licences compare with individual ones, see OGEL vs SIEL.

US-origin content in UK products

If a UK product contains US-origin items or was developed with US technical data, US rules may still follow it, including on re-export to other countries. The AUKUS changes narrow these burdens for eligible transfers among the partners; they don't remove them for everyone else.

Working across US and UK entities

Groups with manufacturing in both countries should map which technical data each site holds, which jurisdiction controls it, and which authorisation each transfer relies on, before sharing anything. The same applies when AI tools or cloud services process controlled data. See AI in regulated engineering.

A practical checklist for a UK supplier

• List every item and data set you would share with Australian or US partners, with its UK rating and, where relevant, its US classification.
• Identify which items are US-origin or contain US-origin content or technical data.
• Ask your customer or partner which authorisation each transfer relies on: a UK licence, the US AUKUS exemption, or another US authorisation.
• Check whether your company, and the people who will handle the data, need to be approved as authorised users for the US exemption.
• Record each transfer: what was sent, to whom, under which authorisation, and when.
• Train the engineers who share data; most accidental exports happen by email or shared drives.

Common questions

Does AUKUS remove the need for UK export licences to Australia and the US?

No. It eases licensing for many items, including through the UK open general licence for the AUKUS nations, but items and transfers still need licence cover, and some are excluded.

Can any UK company use the US ITAR exemption?

No. It applies to eligible authorised users in the three countries, and to transfers that meet its conditions. Some defence articles and services are excluded from it.

Is AUKUS only about submarines?

No. The advanced capabilities pillar covers technologies such as autonomy, quantum and hypersonics, which involve suppliers well beyond shipbuilding.

Does the AUKUS exemption cover dual-use items?

The ITAR exemption concerns US defence articles and services. Dual-use items controlled by the US Commerce Department follow the separate Export Administration Regulations, which were also eased for Australia and the UK. Check which US regime controls each item.

Where do I start if I have never exported controlled items?

Classify your items first, then work out the licence route. The Export Control Joint Unit publishes guidance and advisory services, and trade associations run export control training.