A dual-use item refers to equipment, software, or technology that has both a civilian and a military application. Such items are listed in Regulation (EU) 2021/821 of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (Official journal L 206/1 of 11 June 2021, and the related updates – Annexes reviewed annually).
“EXPORT” in this case represents any TRANSFER considered in a very broad way:
- any oral, written, electronic or visual disclosure;
- any shipment, transfer or transmission of products, technologies, information, technical data, software codes and assistance;
- any publication and cloud computing.
Misuse refers to the risk of:
- a use of equipment, software or technology for the proliferation of weapons of mass destruction (WMD), terrorist activities or any activity contrary to human rights;
- a suspected military end-use – e.g. cyber-surveillance, emerging technologies, artificial intelligence – in a country subject to an arms embargo.
This control refers to several laws and regulations that have a common objective: to prevent the transfer of certain tangible (e.g., a prototype) or intangible (e.g., know-how) goods for reasons of national or international security, unless specific authorization (“export” license) is granted by the regional authorities.
An “export” license is required for the transfer of a product and/or technology (related to the product) outside the European Union, if that product :
- Is mentioned on the control list of dual-use items (Annex I of Regulation (EU) 2021/8211)
- is NOT mentioned on the Dual-Use Control List (Annex I of Regulation (EU) 2021/8211). This is a catch-all control for potential misuse.
N.B.: For the products and technologies mentioned in Annex IV1, an export license is required even within the European Union.
To disseminate research results abroad, you have to show your credentials!
Your contact person for the relevant authorities is the Knowledge Transfer Office (KTO) of your university.
The “export” licenses are issued by the regional authorities.
- Wallonia: Service Public de Wallonie – Direction des Licences d’armes
- Brussels Capital Region: Brussels Regional Public Service – Weapons and dual-use goods licensing unit
Note: In addition, a re-export license from the US Bureau of Industry and Security may be required when there is US content.
“Export” controls are mandatory, which means:
- that it is not possible to diverge from these decisions through
contractual clauses. - that an infringement of these laws is an infringement of
public policy decisions.
As a result, penalties for violations of export control laws and regulations are severe and can be civil and/or criminal. Furthermore, your reputation and the reputation of your institution could be seriously damaged if these regulations are not followed.
Regulation (EU)
Regulation (EU) 2021/821 of 20/05/2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfers in respect of dual-use items
