Recast EU Export Control Regulation Enters Into Force

Posted by Marta Gargallo on 9/15/21 5:00 PM

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:

https://trade.ec.europa.eu/doclib/press/index.cfm?id=2296

https://ec.europa.eu/trade/import-and-export-rules/export-from-eu/dual-use-controls/

Link to the EU Regulation can be found here: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0821

Topics: EU, Export, European Union, Dual-Use

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