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The new export control law of the EU enters into force in early September 2021. We have summarised the key provisions. Download the legal text below and join our Export Control Webinar
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Changes: A system upgrade
The new Regulation represents a comprehensive “system upgrade” virtually all provisions of the Regulation are amended in order to enhance the efficiency and/or the effectiveness of controls.
Updates definitions and control parameter
This includes updated definitions and control parameters, harmonization, simplification and digitalization of licensing, enhanced information-sharing, and cooperation with third countries. The “system upgrade” also introduces new rules on transparency, enforcement, industry outreach and an EU training programme.
Key definitions are updated e.g. “export/re-export”, exporter, transit etc
New definitions are introduced e.g. “supplier of technical assistance”, “cyber-surveillance items”, “internal compliance programme”, “essentially identical transaction” etc
Key control parameters are clarified e.g. concerning the application of controls with respect to natural persons (incl. researchers), the determination of the competent authority, the compliance requirements for companies etc
Assessment criteria are clarified e.g. with respect to terrorism (Art. 8).
Autonomous controls at EU level
Importantly, the new Regulation introduces a basis for EU autonomous controls allowing the EU to make its own decisions regarding human rights controls on cyber-surveillance technologies, and for coordination of national controls on emerging technologies.
The “human security” dimension
There is, for the first time, an EU mechanism for human rights end-use controls on cyber-surveillance exports (Art. 2.21, Art. 4a).
The mechanism follows a “bottom-up” approach reflecting Member States’ decisions to control non-listed cyber-surveillance items for human rights considerations
The mechanism provides for the introduction of controls through a mandatory and
prescriptive consultation procedure, resulting in the publication of an “EU Watch List” of
items and destinations subject to control
The mechanism is supported by due diligence requirements for exporters. EU Guidelines will be developed.
The new Regulation also provides for coordination of national controls on
emerging technologies (Art. 8a) and their publication in the Official Journal
Download the law
(applicable from early September 2021)
Presentation from the EU Commission in December 2020
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