New dual use regulation

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The text of the new Regulation on export control, brokerage, technical assistance, transit and transfer of dual use goods was approved by the Council of the European Union. By dual-use products we mean those tangible and intangible assets (software or technologies) that can be used for both civil and military uses.

The Regulations will enter into force 90 days after publication. In the Official Journal of the European Union.

The main objective of the new legislation is to strengthen controls on a wider range of emerging dual-use technologies as well as coordination between Member States and the European Commission. In particular, controls have been extended to computer security and espionage systems (computer surveillance technologies), expanding the number of people potentially affected by the obligations of the same, and has extended the definition of “export”, which includes , the transport of goods or data contained in the personal baggage of natural persons.
The activities of “technical assistance” are also added to the operations currently subject to control (export, transfer, brokerage and transit). In particular, suppliers who provide technical assistance of any kind (including remotely) on dual-use products in favor of customers established in third countries will be subject to the new regulation. Exporters of Dual Use products will be required to keep (for at least five years) detailed records of their exports including trade and shipping documents from which dual goods can be specifically identified

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