UK military export licences to Israel (extant and refused) and assessments of use in Israeli breaches of IHL

Ceri Gibbons made this Freedom of Information request to Foreign, Commonwealth & Development Office as part of a batch sent to 2 authorities

2 followers

The request was partially successful.

Dear Foreign, Commonwealth & Development Office,

BACKGROUND

On 08/05/2024, the Guardian reported,

"An Israeli military offensive on the city of Rafah would break international humanitarian law and not lead to the eradication of Hamas, Andrew Mitchell, the UK’s deputy foreign minister, said on Tuesday, but he held back from spelling out any planned British consequences if a full-scale invasion goes ahead.

The line, agreed with the US, is aimed at limiting the options of the Israeli government so that it will accept a version of the three-stage peace deal adopted by Hamas. The UK said its aim was to secure a permanent and sustained ceasefire, and the removal of Hamas from the future governance of Gaza.

The British statement that Israel has presented no credible plan for the invasion of Rafah in southern Gaza that complies with international humanitarian law follows a similar statement by the French foreign ministry on Monday. But Mitchell went further in saying such an invasion may end up strengthening, not weakening, Hamas."

REQUEST FOR INFORMATION

Please provide the following information in the form of a table

1. A current list of all UK exporters that hold extant licences, to export any military equipment, component or technology to Israel, directly or after incorporation in another country, broken down into the following subheadings:

1.1. The name and address of each UK exporter.
1.2. A list of licences issued to each exporter in order of the completion dates for each licence issued.
1.3. The ML ratings and description of goods for each extant licence.
1.4. The type of licences issued.
1.5. The completion dates for each licence issued.

2. A current list of all UK exporters that have been refused licence applications, to export any military equipment, component, or technology to Israel, directly or after incorporation in another country, since 2016, broken down into the following subheadings .

2.1. The name and address of each UK exporter.
2.2. A list of licences refused to each exporter in order of the completion dates for each licence refused.
2.3. The ML ratings and description of goods for each refused licence.
2.4. The type of licences refused.
2.5. The completion dates for each licence refusal
2.6. The criterion under which the refusals were made.

3. Any DBT/ECJU or cross departmental review or assessment made since January 2024, as to the likelihood that there would be a clear risk of particular exports in extant licences above, being ultimately used in serious violations of international humanitarian law by Israel in military attacks in Gaza and the West Bank, or that UK criterion for suspension, revocation or refusal are now or were then met by the present circumstances in each particular case.

4. Any DBT/ECJU or cross departmental review or assessment made since October 2023, as to the likelihood that there would be a clear risk of particular exports in refused licences above, being ultimately used in serious violations of international humanitarian law by Israel in military attacks in Gaza and the West Bank, or that UK criterion for suspension, revocation or refusal were met by the present circumstances in each particular case.

Yours faithfully,

Ceri Gibbons

Thank you for contacting the FCDO Information Rights Unit (IRU).

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References

Dear Ceri Gibbons

Thank you for your FOI request under the Freedom of Information Act 2000.

We received your request on 8th May. It has been assigned a unique
reference number FOI2024/13290. We aim to respond by 6th June.

Yours sincerely,

Information Rights Unit

Foreign, Commonwealth & Development Office

FOI2024 13290 Interim Response.pdf

96K Download View as HTML

Dear Ceri Gibbons

The date that the response is due for your request, FOI2024/13290, has
been changed to 4th July

Kind Regards

Information Rights Unit

Foreign, Commonwealth & Development Office

OFFICIAL - FOR PUBLIC RELEASE

Dear Ceri Gibbons

Following our update on 6th June, please be advised that we are still considering the balance of public interest in disclosing the information you requested.

We apologise for the delay and will respond to you as soon as possible.

Kind Regards,

Information Rights Unit

OFFICIAL - FOR PUBLIC RELEASE

show quoted sections

Dear Information Rights,

FOI2024 13290

Please provide a full response to this FOIA request within 5 working days or this case will be referred to the ICO.

Yours sincerely,

Ceri Gibbons

Thank you for contacting the FCDO Information Rights Unit (IRU).

PLEASE NOTE THE FOLLOWING ADVICE

Once we have officially accepted your request, we are unable to provide
progress updates within the initial 20 working day deadline for response.

Please do not send multiple emails about the same enquiry, as this is
likely to cause a delay in our response time.

Should you need assistance in making or refining your request you may wish
to consult the gov.uk guide on [1]How to make a Freedom of Information
(FOI) request

Afghanistan related enquiries

Further information on the ARAP scheme can be found here:
[6]https://homeofficemedia.blog.gov.uk/2021...

If you have already applied for ARAP, and would like an update on your
application, please re-send your query here:
[7][email address]

Non-Afghanistan related Consular Assistance for British Nationals

If you are a British national seeking urgent consular assistance, please
call the Consular Assistance Team on 020 7008 5000 (or +44 20 7008
5000).

ATAS Certificates

Email [8][email address] if you have a query about your application. We
are unable to reply to any query on an application.

Legalisation

Visas

Please see guidance on [11]Applying for a visa to come to the UK or
contact [12]UK Visas and immigration for help.

Travel Advice

This email is intended for the addressee(s) only: All messages sent and
received by the Foreign, Commonwealth & Development Office may be
monitored in line with relevant [18]UK legislation

References

Dear Foreign, Commonwealth & Development Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Foreign, Commonwealth & Development Office's handling of my FOI request 'UK military export licences to Israel (extant and refused) and assessments of use in Israeli breaches of IHL'.

OI2024/13290

This case is in breach of statutory time limits for a response.
Please review it and provide a substantive response in the next 7 days.

Yours faithfully,

Ceri Gibbons

Thank you for contacting the FCDO Information Rights Unit (IRU).

PLEASE NOTE THE FOLLOWING ADVICE

Once we have officially accepted your request, we are unable to provide
progress updates within the initial 20 working day deadline for response.

Please do not send multiple emails about the same enquiry, as this is
likely to cause a delay in our response time.

Should you need assistance in making or refining your request you may wish
to consult the gov.uk guide on [1]How to make a Freedom of Information
(FOI) request

Afghanistan related enquiries

Further information on the ARAP scheme can be found here:
[6]https://homeofficemedia.blog.gov.uk/2021...

If you have already applied for ARAP, and would like an update on your
application, please re-send your query here:
[7][email address]

Non-Afghanistan related Consular Assistance for British Nationals

If you are a British national seeking urgent consular assistance, please
call the Consular Assistance Team on 020 7008 5000 (or +44 20 7008
5000).

ATAS Certificates

Email [8][email address] if you have a query about your application. We
are unable to reply to any query on an application.

Legalisation

Visas

Please see guidance on [11]Applying for a visa to come to the UK or
contact [12]UK Visas and immigration for help.

Travel Advice

This email is intended for the addressee(s) only: All messages sent and
received by the Foreign, Commonwealth & Development Office may be
monitored in line with relevant [18]UK legislation

References

OFFICIAL

Dear Ceri Gibbons

Please accept my sincere apologies for the delay in your FOI response
being issued. We are working on finalising your response for you. We
hope to be able to issue it to you very soon. If at that point you would
like to request an internal review of our decision or you wish to make a
complaint you will be able to do so.

Please accept my apologies once again and I confirm we are prioritising
your request and hope to be able to issue it to you very soon.

Yours sincerely

Information Rights Unit

Foreign, Commonwealth & Development Office

OFFICIAL

From: Ceri Gibbons <[FOI #1128330 email]>
Sent: 02 November 2024 15:04
To: Information Rights <[FCDO request email]>
Subject: Internal review of Freedom of Information request - UK military
export licences to Israel (extant and refused) and assessments of use in
Israeli breaches of IHL

Dear Foreign, Commonwealth & Development Office,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Foreign, Commonwealth &
Development Office's handling of my FOI request 'UK military export
licences to Israel (extant and refused) and assessments of use in Israeli
breaches of IHL'.

OI2024/13290

This case is in breach of statutory time limits for a response.

Please review it and provide a substantive response in the next 7 days.

Yours faithfully,

Ceri Gibbons

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[1][FOI #1128330 email]

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Please note that in some cases publication of requests and responses will
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show quoted sections

Ceri Gibbons left an annotation (15 February 2025)

Referred to ICO (15/02/2025)

Ceri Gibbons left an annotation (24 February 2025)

Freedom of Information Act 2000 (FOIA)
Your complaint about: FCDO
Their reference: FOI2024/13290
Our reference: IC-364310-D5K0

Thank you for your complaint about the time the above public authority has taken to carry out its public interest test.
Where a public authority requires any additional time to consider the
public interest, it must still respond to your request within 20 working
days. It must state the exemption(s) it is considering and include an
estimate of how long the public interest test will take.
Public authorities should aim to respond fully to all requests within 20
working days, but for requests where the public interest test
considerations are complex it may be reasonable to take up to 40 working days in total.

I have written to the public authority and asked it to respond to you
within 10 working days or by 10 March 2025.

Ceri Gibbons left an annotation (12 March 2025)

Reference: IC-364310-D5K0
Freedom of Information Act 2000 (FOIA)

Decision notice

Date: 12 March 2025
Public Authority: Foreign, Commonwealth & Development Office
Address: King Charles Street London SW1A 2AH

Decision (including any steps ordered)

1. The complainant requested information from the Foreign,
Commonwealth & Development Office on 8 May 2024 (the public
authority). By the date of this notice the public authority had not issued a substantive response to this request.

2. The Commissioner’s decision is that the public authority has failed to complete its deliberations on the balance of the public interest within a reasonable time and has therefore breached section 17(3) of FOIA.

3. The Commissioner requires the public authority to provide a substantive response to the request in accordance with its obligations under FOIA.

4. The public authority must take this step within 30 calendar days of the date of this decision notice. Failure to comply may result in the
Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.

Request and response

5. On 8 May 2024, the complainant made the following request for
information to the public authority:
“Please provide the following information in the form of a table
1. A current list of all UK exporters that hold extant licences, to export
any military equipment, component or technology to Israel, directly or
after incorporation in another country, broken down into the following
subheadings:
1.1. The name and address of each UK exporter.
1.2. A list of licences issued to each exporter in order of the completion
dates for each licence issued.
1.3. The ML ratings and description of goods for each extant licence.
1.4. The type of licences issued.
1.5. The completion dates for each licence issued.
2. A current list of all UK exporters that have been refused licence
applications, to export any military equipment, component, or
technology to Israel, directly or after incorporation in another country,
since 2016, broken down into the following subheadings.
2.1. The name and address of each UK exporter.
2.2. A list of licences refused to each exporter in order of the
completion dates for each licence refused.
2.3. The ML ratings and description of goods for each refused licence.
2.4. The type of licences refused.
2.5. The completion dates for each licence refusal
2.6. The criterion under which the refusals were made.
3. Any DBT/ECJU or cross departmental review or assessment made
since January 2024, as to the likelihood that there would be a clear risk
of particular exports in extant licences above, being ultimately used in
serious violations of international humanitarian law by Israel in military attacks in Gaza and the West Bank, or that UK criterion for suspension, revocation or refusal are now or were then met by the present circumstances in each particular case.

4. Any DBT/ECJU or cross departmental review or assessment made
since October 2023, as to the likelihood that there would be a clear risk
of particular exports in refused licences above, being ultimately used in serious violations of international humanitarian law by Israel in military attacks in Gaza and the West Bank, or that UK criterion for suspension, revocation or refusal were met by the present circumstances in each particular case.”

6. On 6 June 2024, the public authority wrote to the complainant to explain that it held information relevant to the complainant’s request, but that it would need to extend the time taken to complete its public interest test considerations in respect of exemptions under sections 27 (international relations) and 36 (effective conduct of public affairs) of FOIA.

7. On 18 July 2024, the public authority wrote again to the complainant
saying it was still considering the balance of public interest in disclosing the requested information and that it will respond as soon as possible.

8. On 8 August 2024 the complainant emailed the public authority
requesting a response but no substantive response was provided.

9. On 2 November 2024, the complainant requested an internal review
from the public authority. On 4 November 2024, the public authority
responded saying it was working on finalising its response and hoped to issue it “very soon”.

10. On 15 February 2025, the complainant complained to the Commissioner about the lack of substantive response to their request from the public authority.

11. On 24 February 2025, the Commissioner wrote to the public authority, reminding it of its responsibilities and asking it to provide a substantive response to the complainant within 10 working days.

12. On 10 March 2025, the public authority responded to the Commissioner saying the response was “linked to several others on the same subject and we are finalising all responses at the same time”. It said the response was “currently going through the clearance process” and that the public authority “will continue to push to respond as soon as possible”.

13. To date, a substantive response has still not been provided.
Reasons for decision

14. Section 1(1) of FOIA states that:
“Any person making a request for information to a public authority
is entitled –
(a) to be informed in writing by the public authority whether it
holds information of the description specified in the request, and
(b) if that is the case, to have that information communicated to
him.”
15. Section 10(1) of FOIA states that a public authority must respond to a request promptly and “not later than the twentieth working day
following the date of receipt”.

16. Section 17(3) of FOIA states that where a public authority is relying on a qualified exemption, it can have a “reasonable” extension of time to consider the public interest in maintaining the exemption or disclosing the information.

17. FOIA does not define how long a reasonable time is. The section 45
Code of Practice on request handling states that “it is best practice for
an extension to be for no more than a further 20 working days”.1 This
means that the total time spent responding to a request should not
exceed 40 working days unless there are exceptional circumstances.
18. In this case, the total time taken by the public authority has exceeded 40 working days. The Commissioner does not consider there to be any exceptional circumstances. Even if there were exceptional
circumstances, the Commissioner does not consider that they can
account for the ten month delay to date and finds that, by failing to
complete its deliberations on the public interest within a reasonable time frame, the public authority has not complied with section 17(3).

19. The public authority is now required to finalise its public interest
considerations under section 17(3) of FOIA and respond to the
complainant.

Other Matters

20. The Commissioner notes that if any public authority has extended the time taken to complete its public interest test considerations for more than 40 working days, then the Commissioner would encourage
requesters to contact him at that point in time so he can look into the
matter. Without the Commissioner being aware of specific delays, he is
unable to take steps to rectify the matter.

Ceri Gibbons left an annotation (22 April 2025)

Due to FCDO failure to comply with ICO Decision Notice IC-364310-D5K0 within 30 days this case was referred back to ICO (22/4/2025)

Ceri Gibbons left an annotation (23 April 2025)

Email from ICO dated 23 April 2025

...

Case Reference: IC-364310-D5K0

Dear Ceri Gibbons

Thank you for your email of 22 April 2025.

The ICO did receive a copy of FCDO's response & attachments on 10 April (within the DN compliance deadline). However, you do not appear to have received this via WDTK, despite FCDO confirming to the ICO that it had been provided to you.

I have therefore asked FCDO to resend the response to you as a matter of urgency and to confirm to the ICO when this has been done.

If you don't receive the response shortly, please do let me know.

Yours sincerely,

OFFICIAL

Dear Ceri Gibbons

I understand you have not received our response to your FOI request
FOI2024/13290, sent on 10 April. This was re-sent yesterday afternoon.

Please can you confirm that you have received the response sent on 23
April. If not, please can you provide an alternative email address that we
can use to forward the response.

Yours sincerely,

Information Rights Unit

Foreign, Commonwealth & Development Office

This email is intended for the addressee(s) only: All messages sent and
received by the Foreign, Commonwealth & Development Office may be
monitored in line with relevant [1]UK legislation

OFFICIAL

References

Visible links
1. https://www.gov.uk/government/publicatio...

Dear Information Rights,

FOI2024/13290

I am still yet to receive the response.

FCDO clearly has the correct email address for this WDTK page, and was required to provide the response to me
within 30 calendar days of 12 March 2025, which it failed to do.

I request the response is provided to this email so that it is available and clearly verifiable by the public.

If it needs to be broken down into multi parts to enable this to take place then please do so.

I do not need to provide another email contact.

Please respond as a matter of urgency.

Yours sincerely,

Ceri Gibbons

Thank you for contacting the FCDO Information Rights Unit (IRU).
Please Note the Following Advice
Once we have officially accepted your request, we are unable to provide
progress updates within the initial 20 working day deadline for response.
Please refrain from sending multiple emails about the same enquiry, as
this may cause delays in our response time.

If you need assistance in making or refining your request, you may wish to
consult the gov.uk guide on [1]how to make a Freedom of Information (FOI)
request

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The [2]Freedom of Information Act mandates that we inform the public
about how to access information that is routinely made available. You can
learn more about this requirement on the [3]Information Commissioner’s
Office website.
Most of our information is published on this website, and specific
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If the information you seek is not routinely published, you can request it
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Research and statistics at FCDO

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The Information Rights Unit are not able to respond to queries on the
issues mentioned below. Emails about these issues will be deleted without
response. Please note the relevant guidance and redirect your query
accordingly.

Consular Assistance for British Nationals
If you are a British national seeking urgent consular assistance, please
call the Consular Assistance Team on 020 7008 5000 (or +44 20 7008
5000).

ATAS Certificates
Email [23][email address] if you have a query about your application. We
are unable to reply to any query on an application.

Legalisation
Contact the Legalisation Office if you need an update on an application or
if you have a general enquiry: [24][email address], Telephone:
03700 00 22 44
Monday to Friday, 9am to 5pm, [25]Find out about call charges

Visas
Please see guidance on [26]Applying for a visa to come to the UK or
contact [27]UK Visas and immigration for help.
Travel Advice
If you require travel advice for your destination country, please visit
the [28]Travel Advice pages, which contain the latest information on
coronavirus, safety and security, entry requirements and areas where the
FCDO advises against travel. You can also subscribe to travel advice
email alerts for your destination and monitor the FCDO coronavirus travel
advice page. You can follow FCDO Travel social media channels on
[29]Twitter, [30]Facebook and [31]Instagram. If you have a question about
the advice or a topic that is not covered, [32]please submit an enquiry.

This email is intended for the addressee(s) only: All messages sent and
received by the Foreign, Commonwealth & Development Office may be
monitored in line with relevant [33]UK legislation

References

FOI2024 13290 pdf.pdf

135K Download View as HTML

OFFICIAL

Dear Ceri Gibbons

I apologise for the delay in you receiving the response and for any
inconvenience caused. We are investigating this with WDTK to try to
resolve this administrative error as quickly as possible.

I have attached the response and will send the two attachments in separate
emails.

Yours sincerely,

Information Rights Unit

Foreign, Commonwealth & Development Office

OFFICIAL

show quoted sections

Annex 1 FOI 13290 1.1 pdf.pdf

26K Download View as HTML

OFFICIAL

Dear Ceri Gibbons

Please find attached Annex 1.

Yours sincerely,

Information Rights Unit

Foreign, Commonwealth & Development Office

OFFICIAL

show quoted sections

Annex 2 FOI 13290 1.3 1.4 1.5 pdf.pdf

68K Download View as HTML

OFFICIAL

Dear Ceri Gibbons

Please find attached Annex 2.

Yours sincerely,

Information Rights Unit

Foreign, Commonwealth & Development Office

OFFICIAL

show quoted sections

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UK military export licences to Israel (extant and refused) and assessments of use in Israeli breaches of IHL

1 Attachment

Ceri Gibbons left an annotation (15 February 2025)

Ceri Gibbons left an annotation (24 February 2025)

Ceri Gibbons left an annotation (12 March 2025)

Ceri Gibbons left an annotation (22 April 2025)

Ceri Gibbons left an annotation (23 April 2025)

1 Attachment

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