Today, part 6- Export of space technologies
The legal requirement to obtain a governmental authorization does not only depend on the classification of the item with regard their inclusion or not into list of military items or dual-use goods, but also on the type of operation to which the product is subject.
Restricted transactions comprise the export, transfer, transit, brokering, as well as technical assistance and intangible transfer of technology related to such items.
Let’s start by the export. Export refers to the transfer of tangible EU items and the re-export of tangible non-EU items from a EU Member State to a destination situated outside the EU customs territory. For example, the shipment from Luxembourg (or another EU country) to a spaceport in the US, Japan or China would fall into that category.
For military items, such export requires a prior authorization issued by the licensing authority (in Luxembourg, two members of the Government).
The same requirement applies for listed dual-use goods, regardless of their intended destination and end-use.
Even if your product is not listed in Annex I or Annex IV of the Dual-Use Regulation, the export may require a profound compliance work by virtue of the catch-all clause. More on that complex subject in the next part of our series.