The EU has adopted what it describes as “modernising” new rules on the export of dual-use items, saying they will help prevent human rights abuses.
The EU Council formally upgraded its control legislation on 10 May and the new rules will enter into force 90 days after the European parliament and council formally sign it.
João Leão, the Portuguese minister of finance and current President of the Council, said: “We welcome the new EU rules on exports of dual-use items that give human rights the prominence they deserve. Strong controls will allow us to prevent human rights violations and abuses, while keeping up with the latest technological developments.”
‘Dual-use’ describes goods that can serve both a military and civilian end-purpose.
Impact on UK firms
British firms trading with the EU will be directly affected by the new rules, according to Roger Arthey, the chair of the IOE&IT’s Export Control Profession.
“The new EU regulation for the control of exports, brokering, technical assistance, transit and the transfer of dual-use items strengthens controls on a wider range of emerging technologies and introduces due diligence obligations for producers,” he said.
“This will directly affect UK producers and exporters to the EU, who will need to understand the new regulations and take steps to comply with them,” he added
The new regulation will introduce new controls for cyber-surveillance and enhance cooperation between EU member states, according to global law firm Squire Patton Boggs writing on Lexology.
The new legislation will, among other things, do the following:
- Introduce controls on the use of cyber-surveillance technology used outside the EU, if in violation of human rights
- Harmonise controls of technical assistance
- Formalise an obligation for exporters to establish internal compliance programmes
- Introduce new general authorisations for the export of dual-use items and intra-group technology transfers
The IOE&IT’s Export Control Profession is a running a free webinar on the new rules on Wednesday 26 May at 3pm to ensure UK firms understand what they mean and to support future trade compliance.
The one-hour event will also cover:
- The changes made to the dual-use legislation
- How the UK has reacted to the new rules
- How the regulation will impact business dealings in Northern Ireland
You can sign up to the webinar and ask any questions to the panel of speakers in advance here.
It will feature a presentation by Spencer Chilvers, the head of export control policy at Rolls Royce plc.
Chilvers joined Rolls-Royce plc in June 2010 as part of the corporate export control team with special responsibility for export control policy, and relations with governments and the EU on export control issues.
He is currently Chair of the Executive Committee of the UK Export Group for Aerospace, Defence & Dual-Use and a member of the Aero Space and Defence Industries Association of Europe (ASD) Export Control Committee. He is also a member of the International Institute for Strategic Studies.
Roger Arthey will also be speaking about ongoing support from the IOE&IT Export Control Profession to help businesses prepare for the new rules.