12 June, 2022
Export control: a new e-licensing portal for dual-use items is now operative
What are the dual-use items?
The so-called dual-use items are defined as products and technologies that can be used for both civilian and military purposes and are listed in Annex I of Regulation (EU) 821/2021.
The content of said Regulation on the export control of dual-use items was recently updated by the Council of the European Union since, until now, EU Regulation No. 428/2009 legislated the issuance of a specific, global or general authorisation for the export and transit of dual-use items.
New export control Regulation: what changes?
The new Regulation, effective as of July 1, 2022, aims to integrate the existing discipline by extending controls to new products and technologies not included in the old lists, such as computer surveillance items, and to broaden the range of persons potentially affected by the requirements of the new discipline. It also covers individuals such as consultants, service providers, researchers, and persons transmitting software or dual-use technologies by electronic means. The main changes concern the concept of export and the concept of technical assistance, which also includes suppliers providing technical assistance of any kind on dual-use items.
The new regulation also introduced general export authorisations for small and medium-sized enterprises (SMEs) to reduce administrative burdens while ensuring an appropriate level of control for certain destinations. SMEs using such authorisations will be required to keep records of all commercial documents relating to their exports, in accordance with national legislation or practice.
In Italy, the export, transfer, intermediation, technical assistance and transit of dual-use items is subject to the control of the Ministry of Foreign Affairs and International Cooperation.
Export control: compliance and risk assessment
The new Regulation places greater significance on all company’s policies, internal procedures and standardized safeguards that an economic operator has ever implemented in order to ensure compliance with its dual-use obligations, the so-called Internal Compliance Programmes (ICP).
The new Regulation has introduced specific guidelines for the development of these programmes to ensure equal conditions among EU exporters. In this regard, it would be appropriate for companies to verify the compliance with the provisions and objectives of the Regulation as well as to assess the risks associated with exporting products to end users.
The new e-licensing system
In addition, as of July 1st, 2022, the e-licensing system will replace the paper-based application procedure for authorisations. Companies will be able to send the application and necessary documents through the platform and monitor progress and respond quickly. However, this complex and constantly evolving subject requires an ongoing, careful analysis by companies and a proper export control procedure.
Contact us if you need legal support on export control procedures and compliance. We can help you dealing with all legal requirements, allowing you to manage your exports in line with new regulations.
