Dr. Mirko Wolfgang Brill

New Formulation of the Dual Use Regulation

The current Dual Use Regulation dates back to 2009.  There is a need to adapt this to changing technological, economic and political realities.  The focus of the new regulation will be on the increased monitoring and control of digital surveillance technology exports and on improved exchange between Member States with regard to the export of such goods.  Additionally, two new general EU export licenses (AGG) for the export of dual use goods will be introduced, one for cryptographic goods and one for transfer of technology within a corporation under certain circumstances.  Finally, cooperation between licensing and customs authorities will be improved.  Appropriate new procedures will be introduced for this purpose.

For example, a so‑called transferable control will be implemented to enables a Member State to carry out export controls on the basis of legislation adopted by another Member State.  It also aims to harmonize technical support to each Member State.  At present, the new regulation is only available in English, but a German translation is planned for 2021.  The revised regulation will become effective in mid‑2021.

The Dual Use Regulation is an EU regulation which regulates the monitoring of the export of dual-use goods, that is, goods which have can be used for both civilian and military purposes.  The regulation is based on various international conventions and agreements.  The current changes, for example, are the product of amendments to such an international agreement, the so‑called Wassenaar Agreement (https://www.wassenaar.org/de/) and the evolving agreements of the so‑called Australian Group (https://www.dfat.gov.au/publications/minisite/theaustraliagroupnet/site/de/index.html).  The latter changes include, for example, the monitoring of the export of the neurotoxin Novichok.

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