Exporter of dual-use items

Who is considered to be an exporter of dual-use items?

Exporter of dual-use items is any person:

• who has the power to determine the sending of the items out of the customs territory of the Union; 
• who decides to transmit software or technology by electronic media to a destination outside the customs territory of the Union;
• who (as a natural person) carries dual-use items to be exported where these dual-use items are contained in the person’s personal baggage.

Why is it important to know who may act as an exporter of dual-use items?

It is important to know who may act as an exporter of dual-use items because that person, for example:

• when completing the formalities for the export of dual-use items at the customs office responsible for handling the export declaration shall furnish proof that any necessary export authorisation has been obtained;
• shall keep detailed registers or records of their exports in accordance with the national law or practice in force in the Member State concerned. 

The definition reveals that even logistics companies, that, for example, dispatch dual-use items from their warehouse, may assume (knowingly or not) the rights and responsibilities of an exporter of dual-use items.

Where is the definition of the exporter of dual-use items set out?

The full definition (we provided a shortened version) is provided in the Regulation (EU) 2021/821 of the European Parliament and of the Council of 20th May 2021, setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.