EU Export Controls: Understanding the Changes and Compliance

Discover why the recent EU export control changes matter and why they should be on your radar. Stay informed and navigate the complexities of export controls

Export controls are restrictions imposed by governments on the tangible and intangible movement of certain

• Goods

• software and

• technology

and on the provision of technical assistance related to controlled items and other restrictions on trade.

Reasons for control include

• Protecting national security

• Implementing and supporting foreign policy objectives

• Preventing the proliferation of weapons of mass destruction (“WMD”)

• Protecting human rights

• Addressing economic and short supply concerns; and

• Combating terrorism

Over the last years, another reason for export control became apparent:

Concentrate on cyber-surveillance technology

Certain cyber-surveillance technologies transferred have been exploited by individuals participating in or accountable for directing or committing major breaches of human rights or international humanitarian law in armed conflict or domestic repression.

The EU currently feels that controlling the export of these technologies is necessary to preserve public security and morals.

However, the devil is in the details regarding export regulations, thus not all cyber-surveillance items should be banned. For example, FinFisher was accused of unlawfully selling espionage software that was allegedly used against opposition demonstrators in Turkey. This is distinct from ordinary commerce issues like as billing, marketing, quality services, customer pleasure, and so on. They are not particularly dangerous, and

What does regulation 821-2021 provide?

Compared to the previous regulation 429 of 2008, nearly all sections of the Regulation have been changed to improve controls' efficiency and/or effectiveness.

This comprises revised definitions and control parameters, licence harmonisation, simplicity, and digitization, improved information exchange, and collaboration with foreign nations.

The "system overhaul" also includes new standards on transparency, enforcement, industry engagement, and a European Union training programme.

Top 8 Topics Every International Trade Professional Should be Addressing

• Key terminology, such as "export/re-export," "exporter," "transit," and so on, have been amended.

• New definitions are established, such as "technical help provider," "cyber-surveillance items," "internal compliance programme," "basically same transaction," and so on.

• Key control parameters are clarified, such as the application of controls to natural people (including researchers), the determination of the competent authority, the compliance requirements for businesses, and so on.

• Criteria for evaluation are clarified, for example, in the case of terrorism.

• Harmonization of licencing parameters, such as a new definition for "big project authorisation," a maximum licence validity of two years, end-use declarations, ICP criteria, and so on.

• New EU General Export Authorizations (EUGEAs) for Intragroup Technology Transfers (EU007) and Encryption (EU008) (EU008)

• Harmonization of EUGEA basic conditions and requirements (registration, notification, and reporting under EUGEAs) and transfer of authority to the Commission to alter destinations and requirements

All businesses inside and outside the EU should care

Export control infractions may result in a variety of penalties for any firm involved in exporting, ranging from the loss of export permits to fines and even jail terms, not to mention reputational harm.

Compliance is not a viable choice. Businesses must ensure that the proper internal compliance programmes, processes, and procedures are in place to identify licence needs in their exports.

They require someone to apply for and handle the licence. When exporting, any firm within the EU must consider this, but enterprises outside the EU shipping products to the continent or passing through it must also pay attention.

While compliance is important, there are ways to streamline and simplify processes in order to save expenses, paperwork, and red tape. If you're not sure if you qualify,

you can book a free online consultation here.

About Customs Manager’s Customs & Global Trade Intelligence Services

The Premium Professional Legislative Monitoring Service (PLM) is a research and curation service which checks for legislative updates from official government websites based on the selected jurisdictions and topics. Paid Plan subscribers can access regular law change notifications to ensure they never miss a significant legal change on www.customsmanager.info – a website dedicated to customs & trade intelligence. At the same time, they save valuable time by engaging our dedicated trade specialists to carry the monitoring out for them. Premium subscribers also unlock all content on the Customs Manager’s Ltd. website, including our Customs & Trade Blog on www.customsmanager.info , providing vital thought leadership development services to empower them to trade effectively, efficiently and, of course, compliantly, across borders. Premium Subscribers can add jurisdictions and topics for an additional charge.

About Customs Manager Ltd.

We aim to empower people with import, export and transport responsibilities with helpful advice, insightful training and relevant trade intelligence services. We devote all our passion and energy to helping businesses grow faster cross-border. Working with us means having your own multilingual Customs Manager on standby to help you trade effectively, efficiently and, of course, compliantly wherever you want to go. Includes Brexit support and the ability to lodge customs declarations + Rules of Origin

Stay in Touch

· Website: www.customsmanager.org

· E-Mail: info@customsmanager.org

· YouTube: https://www.youtube.com/c/CustomsManagerLtd

· Twitter: @customsmanager

· Linked In: https://www.linkedin.com/company/69768402/admin/

Important Notice

Customs Manager Ltd. owns the copyright in this document, except for external documents and links we refer to or make available.

You are not allowed to use this information in any way that infringes its intellectual property rights. You may have to hold a valid licence to use this information. A licence can be obtained by becoming a Paid Plan subscriber to the Customs Managers’ Customs & Trade Intelligence service, also known as Professional Legislative Monitoring (PLM). As a Paid Plan subscriber, you may download and print this information which you may then use, copy or reproduce for your internal non-profit-making purposes.

However, you are not permitted to use, copy or reproduce this information to profit or gain.

In addition, you must not sell or distribute this information to third parties, not members of your organisation, whether for monetary payment or otherwise.

This information is intended to serve as general guidance and not constitute legal advice. The application and impact of laws can vary widely based on the specific facts involved. This information should not be used as a substitute for consultation with professional legal or other competent advisers. Before making any decision or taking action, consult a Customs Manager Ltd. professional.

In no circumstances will Customs Manager Ltd be liable for any decision made or action taken in reliance on the information contained within this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.