New Dual Use Legislation per September 9

As of September 9, new Dual Use legislation has been introduced which entails new requirements for exporting a particular set of goods. In the wake of the rise of compliancy in international trade, it is common practice for companies to heed new legislation and make sure that their procedures are on par. Subsequently, the consequences for not abiding by Dual Use legislation can be very grave.

What exactly is “Dual Use”?

Dual Use goods are goods which are used in normal situations or appliances that do not specifically indicate an immediate safety risk. However, in the wrong hands they can have an alternative destination/purpose that can be dangerous. For example, to produce weapons of mass destruction or other military goods. To prevent this alternative usage, the EU has inserted strict legislation that imposes certain rules for exporting these kinds of products. The EU has also enforced a mandatory permit which companies have to have in order to export these particular strategic goods. Permits can be denied whenever the authorities suspect that parties cannot comply to the regulations and/or deem the risk to be to high.

What changes have come into effect?

The alterations/additions mainly have been made to adjust the legislation to new developments and technology that have occured since the implementation of Dual Use legislation in 2009. The main focus points are:

  • Cybersurveillance-technology; This terminology is new in terms of export based legislation. (f.e. facial recognition technology) The EU wants member states to check and regulate the export on this technology to ensure that it cannot be used in the violation of human rights (worldwide).
  • Additional requirements permit; In order to be eligable to receive a Dual Use export permit, companies have to be able to present an “end user statement”. Next to this requirement, an internal compliancy program is also expected to safeguard the adherence to all the regulations.
  • “Low risk transactions” will be simplified; Transactions that entail a relatively low risk are subject to a new permit that enables companies to export with less restrictions and checks.

The world of customs has been subject to a lot of changes in the last couple of years in the area of law and legislation. It’s imperative to keep track of all these dynamics and developments. If any questions arise due to the above or if you would like to know more about the subject at hand, please feel free to contact any of our specialists. Call +31(0)88-4321800 or send an email to info@pincvision.com

23 Sep 2021 at 9:08 am
3 min
Published by:
Steven Sewberath Misser
Sr. Customs Specialist
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