Export controls: dual-use items, software and technology ... The bill thus introduces four categories of controlled items: dual-use items, military items, nuclear items and other goods, technologies and services related to national security. Export control laws principal objective:-To promote national security interests and foreign policy objectives Why do US export/re-export controls apply to Cisco and its partners/distributors? This means that even if the items which you intend to export are not listed on the consolidated list of strategic military and dual-use items , you might still require an export licence . This "technology" remains under control even when applicable to any uncontrolled item. The restructuring of Category 5 Part 2 into a more positive control list of dual-use information security items continued. In the European Union (EU) the export of dual-use items is governed since the year 2000 by Council Regulation . The overall framework of controls for dual-use exports has not changed, but there are changes to some licensing. ("DUI") under the responsibility of the DFT [2] , in exports, re-exports, transshipments, border crossings and transfers of technology and software (Catch-all Control Measures or "CAC Measures"), in order to control the . The possibility offered to Member States to extend the scope of control in case the broker has ground for suspecting is not anymore available. Items controlled are categorized by an Export Control Classification Number (ECCN) based on 10 categories and 5 product groups. US and EU export restrictions for Cisco products. Dual Use Items are controlled by the DOC under the EAR. The EAR controls exports of items, information, and software that are primarily commercial but have both commercial and military applications. Cisco items are dual-use items Some Cisco items are strong encryption devices U.S. origin products, technology, and software . The bill thus introduces four categories of controlled items: dual-use items, military items, nuclear items and other goods, technologies and services related to national security. Cisco items are dual-use items Some Cisco items are strong encryption devices U.S. origin products, technology, and software . 2.3.10 Control of technical assistance Individual dual-use licence: covers specified dual-use exports to specified recipients, often in a single country, and, like general licenses, requires an application. All items that are listed in Annex I of Council Regulation (EC) No 428/2009 (the EC Dual-use Regulation) require an export authorisation (Article 3 (1), EC Dual-use Regulation). While ITAR items are controlled to all foreign countries and foreign nationals, EAR items are controlled to specific countries and vary depending on the reasons for control. (1) It is an export, re-export, transshipment, border crossing or transfer of technology and software of DUI according to List 1 or items that are classified as dual-use items according to List 2 . Thus, expensive technologies that would otherwise benefit only civilian commercial interests can also be used to serve military purposes if . Dual-use items are goods, software and technology that can be used for both civilian and military applications. A. rms . Commission with organising and computers and documents, in wmd as all schedules nevertheless play an experience and in an ogel you are regularly . Cyber-surveillance items Dual-use items specially designed to enable the covert surveillance of natural persons by monitoring, extracting, collecting or analysing data from information and telecommunication systems Catch-all prohibition: authorisation required for non-listed items when an exporter informed they may be intended: Thailand's Export Control on Dual-use Items regime would be as follows:- There will be 3 lists of controlled goods; DUI List, HS Code List (Self-certification List), and Military List; Prior to exportation of goods under the DUI List, the exporter will be required to obtain a license issued by DFT 2. dual-use items means items, including software and technology, which can be used for both civil and military purposes ( Ref: Article 3, Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual -use items. New list of dual-use items EU export controls on dual-use products are set out in Regulation 428/2009 for the control of exports, transfer, brokering and transit of dual-use items (Dual-use . Dual use export licenses are required in certain situations involving national security, foreign policy, short-supply, nuclear non-proliferation, missile technology, chemical and biological weapons, regional stability, crime control, or terrorist concerns. control has been reviewed and simplified. A catch-all designation for export controlled technology which is not specifically identified on any U.S. export control list. The content of the examples that refer to the control text in this guidance are to be understood as illustrative. The report is on the recast of the "Control of exports, transfer, brokering, technical assistance and transit of dual-use items". [9] The original regulation aimed to create "a Community regime for the control of exports, transfer, brokering and transit of dual-use items." Dual-use items were defined as "items, including software and technology, which can be used for dual-use items specially designed to enable the covert surveillance of natural persons by monitoring, extracting, collecting or analysing data, including biometrics data, from information and telecommunication systems. A dual-use item is still dual-use even if your company or university is not using it or developing it for military applications. Additionally, any technical data (technology)* which provides insight into the development, production, or use of a controlled physical commodity is also controlled as is certain software associated with the same items. EC Reg 1334/2000 [2] and amendments, the regulation in force since . 2. The list of controlled dual-use items is set out in its Annex. Said CAC Notification stipulates the measures to prohibit "items with reasonable doubt", i.e. When is an item or technology classified as dual-use? The national control list of these Dual-Use Items was drafted and reviewed following the Direction of EU Dual-Use Goods list version 2009 [Council Regulation (EC) No 428/2009] and is expected to cover all the items in export, transit, trans-shipment, re-export, financing and under brokerage operations in Thailand. Export is controlled by different government agencies • Department of Commerce - Commercial items - Dual use - Items Contained on the Commerce Control List • Department of State Directorate of Defense Trade Controls - Defense Articles list - ITAR - I. nternational . Nuclear Technology Note (NTN) to the EC Dual-Use Regulation and to the Export List and describe exceptions from the control lists. Regulation (EC) No 428/2009 of 5 September 2009, the so-called Dual-Use Regulation, is intended in particular to ensure that dual-use items are effectively and effectively controlled when they are exported from the European Union. Dual use items have both a commercial and military application. What Are Dual Use Items? Blog / Dual use items / Dual-use conrols On 17 October 2019, an update of the dual-use export Control List in Annex I to Regulation (EC) N° 428/2009 was adopted by the European Commission to align it with the changes that occurred with the decision taken within the framework of the international non-proliferation regimes and export control . In 2012 the list of prohibited items was expanded by the regulation (EU) 509/20129 to include, among other items, dual-use chemicals as defined in the EU dual-use export control regulation. In the UK if an item was specially designed or has been modified for military use then it will remain military even if subsequently used for civil purposes.. items controlled in the Dual-Use List is controlled according to the provisions in each Category. The EU has updated its export control rules for dual-use items to 1 take. dual-use items (items with both civil and military uses) firearms. Dual-use items on Missile Technology Control Regime List CW Precursors, biological organisms and toxins, and CBW-related equipment on the Australia Group lists Items controlled in furtherance of U.S. foreign policy and other objectives, including anti-terrorism, crime control, Firearms Convention, regional stability, UN sanctions, and short . Note 4 (decontrol note to Category 5, Part 2) was removed and is now . It is a good practice as well to use this list when gathering necessary information during the licence application process for listed dual-use items. Dual use items are defined as goods, software or technology which can be used for both civil and military applications. This control, which takes place through a common export control system, is necessary to ensure that the . (1) It is an export, re-export, transshipment, border crossing or transfer of technology and software of DUI according to List 1 or items that are classified as dual-use items according to List 2 . The Military End-Use Control is a catch-all control in the EU Dual Use Regulation 428/2009, as retained under the EU (Withdrawal) Act 2018 for Great Britain. The EU controls the export, transit, brokering and technical assistance of dual-use items so that it can contribute to international peace and security and prevent the proliferation of Weapons of Mass Destruction (WMD).The export controls take into account the EU and its Member . In politics, diplomacy and export control, "dual-use" refers to technology that can be used for both peaceful and military aims.. More generally speaking, dual-use can also refer to any technology which can satisfy more than one goal at any given time. "Dual-use" simply means that there is a civilian and military use for the item. European Regulations on the export of dual-use items . 2 No. goods subject to trade sanctions. In politics, diplomacy and export control, "dual-use" refers to technology that can be used for both peaceful and military aims.. More generally speaking, dual-use can also refer to any technology which can satisfy more than one goal at any given time. Controlled goods export from 1st January 2021 Unlock Your. The term also includes all goods which have non-explosive uses or assist in any. 810 regulations for technology associated with the above items. EAR99 is applied to low-risk technology that does not merit a specific control list number, but merits control. Deemed Export Disclosure or transfer of export controlled items [including technology and information] to a foreign entity or individual within the U.S. is deemed to be an export to the home country of the foreign person. Control lists provided under the U.S. nuclear export control regime, such as the NRC's illustrative list at Appendix A and the DOC's Commerce Control List (CCL), closely match the NSG Guidelines' control . HADDEX: Part 11, Chapter 5.4 Dual-use items Dual-use items are goods, software and technology, which are usually used for civil purposes but can also be used for military purposes (see Art. These licences cover the export of a stated quantity and value of controlled items to a stated end-user, and are valid for 12 months. items ('Dual-Use Regulations') are the main controls on the export of dual-use goods from Ireland as well as intangible transfers of dual-use technology or software from Ireland.3 2)Catch-all clause (part of Dual-Use Regulations) - An Irish export authorisation may be required for the export of non-listed dual-use items (i.e. The new rules will enter into force on 9 September 2021 and will entail stricter catch-all controls on non-listed cyber-surveillance items. While this term is used informally to describe items that are subject to the EAR, purely commercial items are also "subject to the EAR" (see §734.2(a) of the EAR). ("DUI") under the responsibility of the DFT [2] , in exports, re-exports, transshipments, border crossings and transfers of technology and software (Catch-all Control Measures or "CAC Measures"), in order to control the . Dual-use items are goods which can be used for military as well as for civilian purposes and include items as diverse as drones, high performance computers, cyber security testing equipment and certain chemicals . Changes The basic structure of the EU's dual-use export control regulations will not change significantly, as most of the amendments are technical: changes include removing or reducing controls on certain items, and amendments to the . CLASSIFICATION OF DUAL-USE ITEMS AND TECHNOLOGIES Our country is a member of all international regimes for export control and non-proliferation of weapons of mass destruction and as a member of the EU it actively participates in the working groups on conventional arms exports and dual-use items and technologies at the Council of the EU and . In the US the control lists have been subject to a review and consequently, not all items 'specially designed or modified for military use' are controlled under the ITAR.Items removed from the ITAR have transitioned to the EAR under a . easily monitor relevant dual-use items and implement the necessary Internal Compliance Programmes. Dual-use, military, and nuclear items Dual-use goods (items that can be used for both commercial and military purposes), military, and nuclear items. type of commodity, software, or technology and its respective technical parameters. Commerce Control List CCL U.S. In the EU, the export of dual-use items are controlled under EU Regulation 428/2009, setting up a community regime for the control of exports, transfer, brokering, and transit of dual-use items. This catch-all allows for the imposition of an authorisation requirement on the export from the EU of cyber surveillance items not already controlled under Annex I to the EU Dual Use Regulation (or Recast Regulation), where these items are or may be intended, in their entirety or in part, for use in connection with (i) internal repression; and . prohibited from dealing with these persons in transactions involving U.S. items. The national control list of these Dual-Use Items was drafted and reviewed following the Direction of EU Dual-Use Goods list version 2009 [Council Regulation (EC) No 428/2009] and is expected to cover all the items in export, transit, trans-shipment, re-export, financing and under brokerage operations in Thailand. After journey of over four years, the EU adopted Regulation (EU) 2021/821, recasting the Dual-Use Regulation. Trade of Dual-Use Items: new EU rules The new Regulation replaces the previous regime for the control of exports, transfer, brokering and transit of dual-use items, namely through:  The upgrade of the European Union ("EU") legislation on export controls of sensitive dual-use items and cyber-surveillance tools in order to prevent serious . The dual-use items catalogue consolidates all the controlled items as listed above except military items. The BIS has jurisdiction over dual use items. Export control laws principal objective:-To promote national security interests and foreign policy objectives Why do US export/re-export controls apply to Cisco and its partners/distributors? goods that are Applicable in all EU countries, the EU export control regime is governed by Regulation 428/2009 which set up a community regime for the control of exports, transfers, brokering and transit of dual-use items. The DDTC has jurisdiction over items that have a military application. If the exported items are MTCR Category II items (dual-use items), all export licenses for controlled missile technology items are required to be denied for two years.178 Definition: theRecast introduces a definition of cyber-surveillance items - i.e. 1 EC Dual-Use . T. rade In . The controlled items are divided into 10 different categories and include: Category 0 Nuclear materials, facilities and equipment. You may change over and dual use regulation in accordance with. All tangible technology carries at least EAR99 status. Dual-use (DU) items are goods and technologies that can be used for both civil and military purposes [1]. International trade and customs regulations dictate that much of the IT technology portfolio is banded under a "Restricted Dual Use" and classified as Controlled Goods - this criteria stipulates that the movement of these goods must be tracked from source to final destination. R. egulations • Nuclear Regulatory . ANNEX I LIST OF DUAL-USE ITEMS (referred to in Article 3 of this Regulation) This list implements internationally agreed dual-use controls including the Australia Group (1), the Missile Technology Control Regime (MTCR) (2), the Nuclear Suppliers Group (NSG) (3), the Wassenaar Arrangement (4) and the Chemical Weapons Convention (CWC) (5).CONTENTS Dual-use items (including software and technology) are items which can be used for both civil and military purposes. The Export Control Joint Unit (ECJU) is responsible for the UK's system of export controls on military items, dual-use items (items with both civil and military uses), civilian firearms, and items usable for torture.These items are regulated through a system of export licensing. Regulation (EC) No 428/2009 of 5 September 2009, the so-called Dual-Use Regulation, is intended in particular to ensure that dual-use items are effectively and effectively controlled when they are exported from the European Union. WMD, military use in breach of an arms embargo). List Control Catch-All Control ・Arms ・Dual use items Highly possible to be used for Military purpose ・Other than Listed Items and possible to be used for the development of W.M.D.&Conventional Arms Export Control Order Foreign Exchange Order Act Government order ・All destinations ・All destinations except for certain 26 countries items that can be used for torture or capital punishment. The qualifications of EBOs for dual-use items, nuclear items and other controlled items are subject to requirements of other laws and regulations (Article 11). Non-listed dual-use goods The EAR covers both dual-use and pure military items. Listed dual-use items. These items are listed on the U.S. List Control Catch-All Control ・Arms ・Dual use items Highly possible to be used for Military purpose ・Other than Listed Items and possible to be used for the development of W.M.D.&Conventional Arms Export Control Order Foreign Exchange Order Act Government order ・All destinations ・All destinations except for certain 26 countries Educational Information The export of nuclear dual-use items, dual-use biological agents, certain chemicals, and the missile-related dual-use items and technology for civilian use is under the control of the Ministry of . Based on 1 documents. Exporting controlled goods Purpose. Subject to limited exceptions for tightly controlled items, dual-use items may be traded freely within the EU. Other items (with impact on China's national security and interest as well as on the performance of international obligations such as non-proliferation) Said CAC Notification stipulates the measures to prohibit "items with reasonable doubt", i.e. Munitions List . These lists differ from the control lists normally used by jurisdictions that adopt the . Community regime for the control of exports, transfer, brokering and transit of dual-use items (the EU dual-use Regulation). 1. The Regulation entered into force on August 27, 2009. The legislation laying down provisions for a regime for the control of export of dual-use items, the list of dual-use items and all information on the procedure of obtaining an export authorisation is available on the website of The Ministry of Economic Development and Technology. Dual use items may require an export license depending on the item, the recipient, the destination country, and the end use. Currently, EBOs wishing to engage in all the dual-use items are required to be registered with MOFCOM, [7] except that export of certain controlled chemicals can only be engaged by . Dual-use items are controlled under the EU Dual-Use Regulation 428/2009. The license requirements are dependent upon an item's technical characteristics, the . Such goods include items which, by virtue of their nature or properties, can be assigned both civil and military purposes. An ECCN categorizes items based on the nature of the product, i.e. The proposal will extend the control to all dual-use items (and not only listed items) if the broker has been informed or if he is aware. Controls do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance (checking) repair of those items which are . Intangible assets such as technology and services are also covered by the bill. Intangible assets such as technology and services are also covered by the bill. An ECCN is different from a Schedule B number . The U.S. government controls the export of a wide variety of physical commodities (equipment, materials, systems) on several control lists. dual-use items [1] . Sample 1. Controlled goods are regulated through a system of export licensing and include: military items. They derived from Annex I to the EU dual-use Regulation that was in force in 2020. James Harrington: So Kathy the technology, the technology alert list, well basically the Wassenaar Arrangement and the dual-use list are at the top level. The goods and technologies classified as dual-use items are listed and described in Annex I of the EU Council Regulation No 2021/821 (EU Dual-use Regulation). Regu ate Items .weapons .listed dual use items related to WMD and conventional weapons Regulated Destination All countries Catch-all control of Catch-all control of Conventional WMD Weapons category 16 List of Goods category 16 Regu ate Items All items or technologies that could contribute to WMD related or military end-use activities These items are called dual use items. Is the item under the jurisdiction of the DDTC? Dual-Use - Items that have both commercial and military or proliferation applications. The final control list of dual-use items has yet to be published but is expected to be similar to the EU's control list, which includes products from a wide range of industries. Regulations •21 categories •Military items •Traditionally all inclusive list •ECCN (Export Classification Control Number) •Dual use items •Traditionally positive list ESSCON 2016 01/03/2016 And they come down ultimately if it is a dual-use item being controlled on Commerce's control list are through the export administration and regulations. These items are listed on the Commerce Control List ("CCL"). The list can be found under Links further down this page. Thus, expensive technologies that would otherwise benefit only civilian commercial interests can also be used to serve military purposes if . This control, which takes place through a common export control system, is necessary to ensure that the . 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