May 14, 2021

Volume XI, Number 134

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New EU Regulation for Export Controls of Dual Use Goods

On 24 March 2021, the European Parliament officially accepted the new EU regulation on the Union regime for export controls of dual use goods.  The finally accepted version of new EU export control rules is the result of the year long negotiations between the European Parliament and the Council of the EU that has been concluded in November 2020, after the reform of EU export controls was initially proposed by the European Commission in September 2016.  The new EU dual use goods regime will introduce new controls over cyber-surveillance items as well as enhance cooperation between competent authorities of EU member states.  In summary, the new regulation primarily:

  • Introduces controls over cyber-surveillance technology that can be used in violation of human rights outside the EU;

  • Introduces two new EU general export authorizations covering

    • (i) exports of dual-use items, and

    • (ii) intra-group technology transfers;

  • Harmonizes rules on controls of technical assistance; and

  • Formalizes legal obligations to introduce the internal compliance programs for exporters applying or using global export licenses.

In order to enter into force, the new regulation should be formally accepted by the Council of the EU.  It is expected to happen in the coming weeks, so the new regime could enter into force in 2021 (the new regulation provides for 90 days of vacatio legis).

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© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 90
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