New regulation No. 2021/821 on dual use

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Entry into force on 9 September 2021

On 11 June 2021, the Recast Dual-Use Regulation was published in the Official Journal of the European Union as Regulation 2021/821 (the “Regulation”). The Regulation, which comes into force on 9 September 2021, will replace the current Dual-Use Regulation introduced in 2009.

Dual-use items are goods and technologies that may be used for both civilian and military purposes. European exporters of goods or service providers to an exporter are normally asked to provide their freight forwarder a written declaration stating whether the shipment contains dual-use or military goods (export declaration or dual use declaration)

European companies exporting finished or semi-finished products outside the EU territory, which can be used for both civilian and military applications, must have a specific authorization.

Main novelties

The New Regulation establishes a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.

The list of dual-use items is extended to a wider range of emerging dual-use technologies: ‘dual-use items’ means items, including software and technology, which can be used for both civil and military purposes, and includes items which can be used for the design, development, production or use of nuclear, chemical or biological weapons or their means of delivery, including all items which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices (Chapter I, art 2)

The new regulation strengthens controls on the coordination between member states and the Commission in support of the effective enforcement of controls throughout the EU. By introducing due diligence obligations for producers, the new rules also give companies an important role in addressing the risks to international security sometimes posed by dual-use items. (consilium.europa.eu)

Moreover, the definition of “export” have been extended in order to include the transportation of goods or data contained in the individuals’ personal luggage.

Authorizations

Two new general authorizations of the European Union (so-called AGEU) – one related to intra-group technology transfers and the other related to cryptography – have been established.

The New Regulation has introduced the obligation for SMEs, which intend to apply for a global authorization to export dual-use products, to implement an internal compliance program, also known as “Internal Compliance Program” (“PIC”).

If you are an European exporter, contact us to get the updated export declaration model for your shipments starting from 9 September 2021.

 

Are you looking for a trustable freight forwarder in Italy? Don’t hesitate to contact us for your international shipments!

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