March 27, 2022
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Dual-use items

Photo by Asogetti on Unsplash

What is 'dual-use items’?

‘Dual-use items’ means:

  • items, including software and technology, which can be used for both civil and military purposes, and 
  • includes items that can be used for the design, development, production or use of nuclear, chemical or biological weapons or their means of delivery, including 
  • all items which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices.

What are examples of ‘dual-use items’?

Dual-use items are divided into nine categories, such as electronics, computers, telecommunications and "information security", sensors and lasers. 

Some examples of dual-use items, provided they meet defined technical characteristics: pumps, valves, tubes, moulds, metals, electromagnets, etc.

What is the legal basis for EU dual-use items control?

It is the Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (so-called ‘EU Dual-Use Regulation’).

Where is the list of dual-use items set out?

The list of dual-use items is contained in Annex I of the EU Dual-Use Regulation. An authorisation is required for the export of dual-use items listed in this Annex. 

However, it is also set out that authorisation may be required for the export to all or certain destinations of certain dual-use items not listed in Annex I. 

Annex I do not provide commodity (TARIC) codes of the dual-use items. A helpful tool is the ‘Correlation list between TARIC and Dual-Use codes January 2022 (Excel)’ prepared by the European Commission. You can download it here.