In March this year the European Parliament officially accepted the new EU regulation on the Union regime for export controls of dual use goods, and this will come into force at the start of 2021.
This has been a long time coming as this was initially raised in 2016, but what does this mean for Dual Use products being exported from the EU?
When this comes into force it will have impact which Traders need to be aware of prior to exporting such commodities at the start of next year.
The key changes are:
Tougher controls will be in force regarding cyber surveillance items that can be used to violate people’s human rights.
Control system to manage cyber surveillance between EU Member States.
The introduction of 2 new EU General Export Licenses (EU GEA’s).
The first of these is the EU007 that can be used for intra group exports on software and technologies to specific countries.
The 2nd is the EU008 which can be used for specific countries to export controlled encryption items.
Traders should review both these EU General Export Licenses to ensure they meet the terms and conditions and understand any restrictions that are in place.
Transmissible controls this is a new element to the EU Dual Use regulation which permits any EU Member State to implement new export licensing controls from another EU Member State that has passed this into National Law. This will provide a risk to businesses to ensure the exporting EU country has not adopted any specific national law that they would have to adhere to any additional controls or restrictions.
Introduction of EU reporting rules which creates greater transparency for Traders.
Expansion of brokering regulation for parties not registered within the EU.
Introduction of new control for technical assistance which relates to deemed exports, regarding items for military purposes.
The main development is the controls regarding cyber surveillance items, but other changes need to be considered. Traders exporting from the EU of Dual Use items should be completing a risk assessment to see how such changes impact them and putting the relevant control processes in place for the start of next year.
Comentários