Changes to EU Dual-Use Controls List

Posted on: 15/06/2012

On the 15th June 2012 the new EU Dual Use Control List came into force.  The Regulation implements a number of changes including amendments to some categories of items (1-9) and some decontrols eg items that incorporate or use crytopgraphy only as support to their primary function(s), provided that their primary function is not:

  • information security
  • a computer (or computer parts, components or operating systems)
  • sending, receiving or storing information - there are some exceptions, eg entertainment, medical records
  • networking (includes operation, administration, management and provisioning)

However, it should be noted that BIS has previously informally given the view that Note 4 is not intended to decontrol new items in this category, but instead to reduce the number of separate decontrols.  In particular, three existing decontrols have been removed from Annex I as they are now deemed to be within the scope of Note 4.  According to BIS, examples of items that may be covered by Note 4 include medical devices (in most cases), vending machines, dishwashers, and printers that use certain types of inkjet.

Annex IV of the Dual-Use Regulations has NOT been amended - this relates to goods/technology that require a licence for transfer between EU member states (not only export from the EU).

These changes do not just affect EU exports as the dual-use regulation technology levels are set by a Group of countries under the Wassenaar Arrangement.  Key countries in this group are USA, Canada, Australia, New Zealand, Japan, Norway and Switzerland - all Wassenaar countries have or will bring in these new levels of controls.  Note: the USA did in May 2012.

It is important to check out these new regulations if you are not currently controlled under licence but also if you are currently caught under the dual-use regulations as you may no longer be subject to such controls.  Here are links to key documents:

EU Comprehensive Change note 2012

New EU Dual-Use Control List (June 2012)

UK Notices to Exporters

Relevent Notice 24/ 25 and 26: Changing OGELs



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