Dual-use items are goods, software, technology, and documents which can be used for both civil and military applications ranging from raw materials to components to complete systems.
There are different regional rules and regulations around dual-use goods. Previously, we addressed U.S. export controls of commercial and dual-use goods. We have also discussed export control for transit countries.
EU Controls on Dual-Use Goods
In the EU, the EU Dual-Use Regulation (also known as Council Regulation No 428/2009) governs the controls on dual-use goods . This legislation manages the EU control of exports, transfers, brokering and transit of dual-use items. Under the EU regulation, controlled items may not leave the EU customs territory without an export authorisation.
There are four types of export authorisations:
- EU General Export Authorisations (EU GEA): allow for export of dual-use items to certain destinations if:
- exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland (including Liechtenstein) and United States
- export of certain dual-use items to certain destinations
- export after repair/replacement
- temporary export for exhibition or fair
- National general export authorisations (NGAs): issued by individual EU countries if they:
- do not conflict with existing CGEAs
- do not cover any of the items listed in part 2 of Annex II to Regulation 428/200
- France, Germany, Greece, Italy, Sweden, the Netherlands, and the UK have these authorisations
- Global authorisations: granted by individual EU countries to one exporter and cover one or more items to one or more countries or end users
- Individual licenses: granted by individual EU countries to one exporter and cover exports to one end user.
The EU regularly updates the list of controlled items in line with the decisions taken in the export control regimes.
Regulation 428/2009 is applicable in all EU countries, including the UK.
UK national controls on dual-use goods
In addition to dual-use goods controlled by the EU Dual-Use Regulation, there are a few dual-use items which are controlled by UK legislation. The UK Dual-Use List, which is part of the UK Strategic Export Control Lists, includes these items.
The UK Strategic Export Control Lists specifies whether any products or technology that you intend to export are controlled and therefore require an export licence.
Are my items on a Control List?
The Export Control Organisation (ECO) authorises export licences of strategic goods for the UK Government. Using ECO’s tools, you can determine if your items are controlled.
For items listed on the Control Lists, you will need to apply for an appropriate export licence through ECO.
For items not listed on the Control Lists, the ECO can cite ‘End-Use Controls’ if there are concerns about military or weapons of mass destruction end-use.
Difference between the UK Trade Tariff and the UK Strategic Export Control Lists
It is an exporter’s responsibility to check whether items require an export licence issued by the ECO. You should apply for licences with plenty time before the shipment to avoid potential problems or delays.
Furthermore, it’s important to note the differences between the UK Trade Tariff and the UK Strategic Export Control Lists.
As previously mentioned, the UK Strategic Export Control Lists determines whether your exports are controlled and thus require an export licence.
The UK Trade Tariff is an informational guide for dispatching and acquiring goods traded worldwide and the rates of duty payable. The Tariff can be used in completing customs declarations.
Since the UK Trade Tariff can only broadly indicate whether an export licence is required, you should consult the UK Strategic Export Control Lists to determine whether your goods might need a licence.