International Trade Update

The European Commission has updated its lists of dual-use items by adopting Regulation 2016/1969 of September 12, 2016, amending the EU Dual-Use Regulation. Dual-use items are items that can be used for both civil and military purposes; they are subject to controls for exports outside of the EU territory and, in rare circumstances, for intra-EU exports. The lists of dual-use items are regularly updated to take account of changes to control lists maintained by international non-proliferation regimes and export control arrangements.

Among the numerous changes made to the lists, the most notable are:

  • New controls for:
    • Electronic equipment performing high-speed, analog-to-digital conversions
    • Software for the operation and maintenance of guidance sets
    • Gel propellant rocket motors
    • Certain chemicals
    • Two viruses, the SARS-related coronavirus and the Reconstructed 1918 influenza virus
  • Removal of certain controls, such as those on aerospace/missile seals, hydraulic fluids and underwater cameras
  • Changes to the control of laser measuring systems

The European Commission has published a summary of the changes to the control lists, which entered into force last week.

Companies exporting dual-use items should verify whether their exports will be impacted by the changes to the lists. Non-compliance with EU export controls rules can have serious criminal, financial and reputational consequences for companies and their employees.