Dual-use products, comprising both tangible goods and intangible items such as software, designs, and technologies, are primarily intended and sold for civilian use but can also have military applications. These products differ from armaments in that they are not specifically designed for military purposes.
Given that operations involving dual-use products are subject to a control regime, international shippers and couriers require that such shipments be accompanied by a “dual-use declaration” provided by the exporter, after the release of the proper authorisation by UAMA, either included on the invoice or written on official letterhead. This declaration confirms that the exporter complies with national and international dual-use product regulations. The operations subject to the Dual-Use Regulation control regime include:
Exportation: including the transmission of software or technology, whether orally or through electronic means.
Brokerage Services: encompassing activities aimed at the purchase, sale, or supply of dual-use products from one third country to another.
Technical Assistance: referring to any technical support, including training and consultancy services.
Transit: involving the transportation of non-EU dual-use products entering and crossing the EU customs territory with a destination outside the EU customs territory.
To determine whether a transaction is subject to the dual-use control regime, the following actions must be performed:
- Classification of products: Verify if the product is listed as a dual-use item or evaluate it by a dual-use expert;
- Risk assessment of the transaction.
A preliminary verification to identify the product’s nature can be performed via the Customs and Monopolies Agency’s information system (AIDA – Integrated Automation Customs Excises) using the product’s customs code.
The TARIC (Integrated Tariff of the European Communities) serves as an informational tool for provisions, obligations, and taxes applicable to goods. Once the product’s customs code is located on the portal, check if “Export Authorization (Dual Use)” is indicated. If this note appears, the product is not necessarily a dual-use item.
The note on the restriction specifies the corresponding dual-use code. Once identified, verify the dual-use regulations for that specific code: if the product’s characteristics match the listed criteria, it falls under the dual-use product control regime.
The most effective way to achieve corporate compliance is through the adoption of an Internal Compliance Programme (ICP), which comprises a set of policies and procedures implemented by exporters to ensure adherence to the Regulation’s provisions and objectives, as well as the terms and conditions of export authorizations.