Dual-use goods

Dual-use goods

Dual-use goods are products, software and technologies that have normal civilian use but can also be diverted for military purposes, proliferation of weapons of mass destruction or domestic surveillance.

EU regulatory framework

Regulation (EU) 2021/821 (recast of the dual-use regulation) regulates the export, brokerage, technical assistance, transit and transfer of dual-use goods from the EU.

Checklist

Annex I of the regulation lists controlled goods, classified into 10 categories: nuclear materials (0), special materials (1), materials processing (2), electronics (3), computers (4), telecommunications (5), sensors and lasers (6), navigation and avionics (7), marine (8), propulsion (9).

Export authorization

The export of listed goods requires an export authorization: individual (operation by operation), global (for a type of goods to defined destinations) or general from the EU (EU General Export Authorization — EUGEA, for certain goods to certain countries).

“Catch-all” clause

Even if a good is not listed, the exporter may be subject to a control obligation if he knows or is informed that the good is intended for military, proliferation or domestic surveillance use in certain countries.

New features of regulation 2021/821

Control of cybersurveillance technologies, obligation of due diligence for exporters, reinforced transparency and new catch-all clause for domestic surveillance.

Sanctions

Unlicensed export of dual-use goods is an offense punishable by heavy criminal and financial penalties.