The recast Export Control Regulation (EU 2021/0821) setting up a “modernised” regime for the control of exports, brokering and technical assistance, transit and transfer of dual use items entered into force on 9 September 2021.
The recast Regulation replaced the Dual-Use regulation that was introduced in 2019 and includes some key changes:
- It introduces two new general export authorizations for the intercompany transfer of software, technology, and encryption items to certain countries;
- It includes a requirement for exporters to implement an internal compliance program under certain conditions;
- Controls are introduced for the provision of technical assistance in certain instances; and
- End use controls on cyber-surveillance equipment are introduced.
Links to the European Commission press releases can be found here:
Link to the EU Regulation can be found here: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0821