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Irish Export Control – Dual Use Items and Intangible Exports

01 April 2014

Mason Hayes & Curran Technology Law Blog

Dual use export controls - overview

Dual-use items are goods, software and technology normally used for civilian purposes but which may have military applications, or which may contribute to the proliferation of weapons of mass destruction.  Through Regulation (EC) No 428/2009 (the “Regulation”), the EU controls the export of dual-use items so as to contribute to international peace and security. Restrictions are also in place for brokering such goods as well as on the transit of such items through the EU.  However, this note focuses on the export of dual use items.

EU LawThe Regulation provides for common EU control rules, a common EU control list and harmonised policies for implementation.   The existence of a common control system allows for the free movement of dual-use items within the EU Single Market except for some particularly sensitive items (e.g. nuclear related items, explosive detonators, items performing cryptanalytic functions, etc.), which are subject to prior authorisation even for intra-EU transfers.  An export authorisation is otherwise only required when controlled items leave the EU customs territory (essentially, the EU and Monaco). 

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