Annex I - Dual-Use Items

The export of 'technology' which is 'required' for the 'development', 'production' or 'use' of items controlled in Categories 0 to 9 is controlled according to the provisions in each Category. 'Technology' 'required' for the 'development', 'production' or 'use' of a controlled item remains controlled even when applicable to a non-controlled item. Controls do not apply to that 'technology' which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those items which are not controlled or whose export has been authorised. Controls on 'technology' transfer do not apply to information 'in the public domain', to 'basic scientific research' or to the minimum information necessary for patent applications.

The Lists do not control 'software' which is either: 1. Generally available to the public by being: a. Sold from stock at retail selling points, without restriction, by means of: (1) Over-the-counter transactions; (2) Mail order transactions; (3) Electronic transactions; or (4) Telephone call transactions; and b. Designed for installation by the user without further substantial support by the supplier; or 2. 'In the public domain'.

The 'technology' directly associated with any goods controlled in Category 0 is controlled according to the provisions of Category 0. 'Technology' for the 'development', 'production' or 'use' of goods under control remains under control even when applicable to non-controlled goods. The approval of any item for export also authorises the export to the same end-user of the minimum 'technology' required for the installation, operation, maintenance and repair of that item.

Article 4(1): An authorisation shall be required for the export of dual-use items not listed in Annex I if the exporter has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for use in connection with: (a) the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices; or (b) the development, production, maintenance or storage of missiles capable of delivering such weapons. Article 4(2): If an exporter is aware that dual-use items which he proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1, he must notify the competent authority. That authority shall decide whether or not the export concerned is to be made subject to authorisation. Article 4(3) & (4): Member States may adopt or maintain national legislation imposing an authorisation requirement for WMD-related catch-all and military end-use catch-all.

Article 5(1): An authorisation shall be required for the export of cyber-surveillance items not listed in Annex I if the exporter has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for use in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law. Article 5(2): If an exporter is aware, pursuant to its due diligence findings, that cyber-surveillance items which it proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1, he must notify the competent authority. The exporter shall act with due diligence in particular by taking into account the nature of the end-user and the country of destination.

Each Export Control Number (ECN) follows a 5-character structure: [Category][Product Group][Regime Origin][Item Number]. The first character (0-9) indicates the Category. The second character (A-E) indicates the Product Group: A = Systems, equipment and components; B = Test, inspection and production equipment; C = Materials; D = Software; E = Technology. The third character indicates the multilateral regime origin: 0 = Wassenaar Arrangement (WA); 1 = Missile Technology Control Regime (MTCR); 2 = Nuclear Suppliers Group (NSG); 3 = Australia Group (AG); 4 = Chemical Weapons Convention (CWC); 5 = EU autonomous controls (500-series, introduced in 2025). The remaining characters identify the specific item within that category/group/regime combination.