Reform of the Dual Use Regulation

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The new text of the Dual Use Regulation was approved on 25 March 2021, which will have a substantial impact on what has so far been governed by EU Regulation 428/2009 by updating numerous definitions and regulatory parameters and introducing some new features.
In particular:

• The definition of exporter and export is updated;
• The scope of the so-called Catch All case is extended, also subjecting IT surveillance technologies to control;
• The technical assistance activities provided by Union suppliers in favor of clients established in third countries and consisting of any support provided in the repair, improvement, manufacture, assembly, testing or maintenance of goods are also subject to control;
• New additional general authorizations and a new “major project” authorization will be introduced.

Therefore, operators are given greater responsibility in determining the risks that trade in dual-use products or technologies entails for international security. By virtue of this principle, great importance is attached to Internal Compliance Programs (PICs) which should be mandatory for operators who want to take advantage of particular authorizations.

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