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Dual-Use Regulation 428/2009 - Series (8) - EU general authorisations

Part 8 - EU general authorisations

The new Regulation will confirm the 6 EU general authorisation already existing, and add two new authorisations, for which exporters must register prior to the first use of the said authorisations.

EU001. This authorization will be extended to exports to Iceland (thus joining Australia, Canada, japan, New Zealand, Norway, Switzerland, Lichtenstein and USA).

EU002, EU003, EU004, EU005 and EU006. Croatia and Iceland will be deleted from the list of destination countries for which this authorisation may be used.

EU007. A new EU general authorisation will be added for intra-group export of software and technology. With some exceptions, it will cover all technology and software specified in Annex I. It will be valid for the export to Argentina, Brazil, Chile, India, Indonesia, Israel, Jordan, Malaysia, Morocco, Mexico, Philippines, Singapore, South Africa, South Korea, Thailand and Tunisia.

This authorisation may be used for exports to a subsidiary or to a sister company, provided that the software or technology will be exclusively used for the commercial product development activities. It exported software and technology must remain under the complete control of the exporter.

EU008. This new EU general authorisation will apply to cryptographic equipment, software and activation tokens, listed under certain provisions of dual-use codes 5A002, 5D002 and 5E002. These items must use only published or commercial cryptographic standards, and not any standards specially designed for government use. Technical data must be provided to the competent licensing authorities.

41 countries already mentioned in the EU008 (among them China, Russia, Iran, Iraq, Syria, UAE) and all countries subject to an arms embargo or restrictive measures with regard to dual-use items, may not be destination for these exports.

Note: This contribution is based on the full provisional agreement reached on 9 November 2020 on a final compromise text to amend the EU Dual-Regulation 428/2009 of 5 May 2009. The entry into force of this text is still subject to an approval by the Council and the Parliament and a publication in the EU Official Journal.

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