Export control

Why Export Control?

  • To prevent the development of weapons of mass destruction.
  • To prevent regional instability and other human rights violations.
  • To prevent the export of military goods to countries whose behaviour is a threat to international and regional peace.
  • To prevent the export of goods that could be subsequently diverted for purposes other than their stated end-use.

What is controlled?

  • Export of normal dual-use goods (inclusive software) to countries other than the EU Member States and countries covered by the Community General Export Authorisation contained in Council Regulation (EC) 428/2009: Australia, Canada, Japan, New Zealand, Norway, Switzerland and the United States.
  • Export of sensitive and highly sensitive dual-use items to all countries, including EU Member States.
  • Export of military goods to all countries, including EU Member States.
  • Export of non-controlled dual use goods where there is reason to believe that they may be used in a WMD Program.
  • Export of goods that could be used for capital punishment, torture or other cruel,inhuman or degrading treatment or punishment.

However, software that is generally available or in the public domain is exempt from export control.

EU introduced a new regulation 2009

EU introduced a new regulation (Council Regulation (EC) No. 428/2009) for export control of transfer, brokering and transit of dual use items in May of 2009.

This regulation reflect the UN Security Council Resolution 1540 (2004), which is requirement of “brokering” and “transit” control of dual use items.
“Brokering” is the transaction of controlled items from a third country outside the EU and to a another third country outside the EU. The license may be required for a potential WMD end-use. The items are defined to include software and technology.