Export Controls on technology under the new EU dual use regulation
Controlling technology on exports is a crucial challenge for businesses to overcome. We explain what this is and what businesses can do (S,P)
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.
Technology controls
Controls apply irrespective of whether goods have previously been exported where their production was based on this technology. The fact that the technology is contained in the goods and thus has been already exported through the goods is irrelevant. Technology exports are - similar to the export of a good— regulated by four control criteria:
the technology itself,
the intended end-use,
the destination country and
The customer
In the EU, technology has its own classification numbers in the EU dual-use list. As a general rule, technology with an export control classification number is subject to an export licence. However, there are certain exceptions to this principle: technology, even with an export control classification number, is exempt from licence requirements.
Information (technical drawings, blueprints, plans, diagrams, etc.) which is necessary for the development, production or use of a controlled item.
If such information is to be transferred abroad, either in a printed manner or by electronic means, this transfer is an export that is subject to export control laws.
From the European export control point of view, technology transfer (i.e. the transfer of technical know-how), can occur in two ways:
1. The export of the technology data instead of the good.
2. A technology transfer is carried out via technical assistance. How and when technical assistance, including the transfer of technology, and which export control restrictions apply to this specific kind of technology transfer, must be analysed.
Examples of Technical, controlled data
►blueprints
►plans
►diagrams
►models
►formulae
►tables
►engineering designs and specifications
►manuals
► instructions written
►recorded on other media or devices
►The scope of technical assistance controls is clarified/extended with respect to foreign nationals providing services from the territory of the EU, the provision of service by EU nationals from a third country and transfers of technology towards third-country nationals in the EU
►'technical assistance' means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service.
►Forms: instruction, advice, training, transmission of working knowledge or skills or consulting services, including by electronic means as well as by telephone or any other verbal forms of assistance.
►‘supplier of technical assistance’ means:
(a) any natural or legal person or partnership which supplies technical assistance from the EU into the territory of a third country;
•(b) any natural or legal person or partnership resident or established in the EU which supplies technical assistance within the territory of a third country; or
•(c) any natural or legal person or partnership resident or established in the EU which supplies technical assistance towards a resident of a third country temporarily present in the EU
What is technical assistance?
Technology” “required” for the “development”, “production” or “use” of controlled goods remains under control even when applicable to non-controlled goods.
►DEVELOPMENT: Related to all phases prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts
.
•PRODUCTION: All production phases, such as: construction, production engineering, manufacture, integration, assembly (mounting), inspection, testing, and quality assurance.
•USE: Operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing.
Exclusions

Exclusions in the EU under the new dual-use law
► Exempted if:
Supplied within or into the territory of or towards a resident of ally countries (Australia, Canada, Iceland, Japan, United Kingdom, New Zealand, Norway, Switzerland (including Liechtenstein) and the US);
In the form of information in the public domain or basic scientific research;
Supplied by authorities or agencies of a Member State in the context of their official tasks;
Supplied for the armed forces of a Member State on the basis of the tasks assigned to them;
Supplied in relation to certain space launch purposes in the EU;
oMinimum necessary for the installation, operation, maintenance (checking) or repair of items for which an export authorisation has been issued
► Authorisation requirement can be extended to non listed items
Test: Can you solve this?

Industry’s challenges: Controls on intangible items & emerging technologies
How to control?
• Alignment within Export Control Regimes
(emerging tech. are currently controlled in WA)
• Coordination with third countries?
What to control?
• Determine (new) interests that shall be protected
• Define & identify „emerging“ technology
• Define appropriate controls
(e.g. list-based controls, end-use(r) controls?)
Download Industry presentation
About Customs Manager Ltd.
Stressed about Brexit? Wondering about the vital role that exports and imports can support your global growth strategy? Need to clear the border faster, with fewer costs and cut out the risk?
The solution is easy: Get a Customs Manager! They are global trade superstars!
At Customs Manager Ltd, we have lots of them, all ready to help you! Together, we devote all our passion and energy to fast track growth faster internationally. Working with us means to have your own multilingual Customs Manager on standby to help you trade effectively, efficiently and, of course, compliantly, wherever you want to go in the world. Look to us for helpful advice, insightful and fun training and relevant trade intelligence services that ensure you stay up-to-date and compliant!
Our Services
Expert Advice: Bespoke consulting service from certified, multilingual specialists on all customs and global trade matters with more than 15 years of experience.
Project support: Small or large, we help! Easy, uncomplicated - a helping hand when needed
Friendly and insightful training: Whatever way, form, time or length - you decide. We bring knowledge, insights and fun. Any customs or global trade topic.
Trade Intelligence: All the tools to save you time and ensure you excel in compliance, never missing any update or the law change. Relax, we've got you covered.
Free Updates
Question? Answer:
Free Explainer Videos, Expert Discussions, Webinars on Customs and Global Trade
https://www.youtube.com/channel/UCDXImKOEKHFlTDtEguXDAEA
Hot News (that cannot wait)
https://twitter.com/mielkenarne?lang=en
Professionally? OK
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 the intellectual property rights in it. You may have to hold a valid licence to use this information. A licence can be obtained by becoming a Premium subscriber to the Customs Managers’ Trade Intelligence service, Professional Legislative Monitoring (PLM). As a Premium subscriber, you may download and print this information which you may then use, copy or reproduce for your own internal non-profit-making purposes.
However, under no circumstances are you permitted to use, copy or reproduce this information with a view to profit or gain.
In addition, you must not sell or distribute this information to third parties who are not members of your organization, whether for monetary payment or otherwise.
This information is intended to serve as general guidance only and does 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 any action, you should consult a Customs Manager Ltd. professional.
In no circumstances will Customs Manager Ltd, be liable for any decision made or action was 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.