Dual-use export controls

Dual-use export controls are governed by EU Regulation 2021/821 (recast of Regulation 428/2009). Dual-use items are products, software and technology that can be used for both civilian and military purposes (or for manufacturing weapons of mass destruction).

Controlled item categories (Annex I of the regulation):

• Nuclear materials and equipment
• Materials, chemicals, micro-organisms and toxins
• Materials processing
• Electronics
• Computers and telecommunications
• Sensors and lasers
• Navigation and avionics
• Marine
• Aerospace and propulsion

Regulation 2021/821 introduced important provisions on cyber-surveillance: communications interception and digital surveillance technologies are now subject to authorisation.

Types of authorisations:

• Individual authorisation: for a specific export
• Global authorisation: for a reliable exporter, multiple destinations
• Union General Authorisation (UGA): for low-risk destinations and items

Sanctions for export without authorisation include heavy fines and imprisonment.