Dual-Use Regulation 2021/821: What’s Old & What’s New in EU Export Control

Abstract

Regulation 2021/821 of 20 May 2021, which sets up a European Union (EU) regime for the control of exports, brokering, technical assistance, transit, and transfer of dual-use items, enters into force on 9 September 2021. While the main features of the EU’s dual-use regime remain the same, Regulation 2021/821 introduces some novelties. Export control is extended to technical assistance. Member States are granted more options to use local controls applicable to non-listed items, particularly in the case of cyber-surveillance items being used for repression or serious human rights violations, and generally in the case of a Member State creating national controls. In addition to the new authorization for large projects, two new EU authorizations are created: the intra-group software authorization (EU007) and the encryption authorization (EU008). The role of an internal compliance program (ICP), now clearly defined, is strengthened: an ICP is a legal necessity for holders of general global export authorizations and for applicants of the intra-group export of software and technology authorization. Finally, administrative provisions are added to improve cooperation between customs authorities and dual-use authorities at the national level, as well as to improve the exchange of information among the Member States, including with regard to the coordination of enforcement, at EU level. Dual-Use, EU Export Control, Regulation 428/2009, Regulation 2021/821