Updated EU regulation on dual-use enters into force

On 9 September 2021, the Regulation (EU) 2021/821 setting up a EU regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items entered into force.

Under the Regulation, dual-use items are defined as ‘items, including software and technology, which can be used for both civil and military purposes,’ including any items that can be used for the ‘design, development, production or use of nuclear, chemical or biological weapons’ within the scope of dual-use items. 

The Regulation introduces export controls for cyber-surveillance items, aiming to combat the risk that when exported from the EU, they may be misused in connection with internal repression or the commission of serious violations of human rights and international humanitarian law.

In addition to updating the authorisation and coordination mechanisms between the EU member states, it also introduces new authorisations for intra-group export of software and technology, as well as for encryption items.