“FOREIGN TRADE.” EXPORT FROM THE EUROPEAN UNION. 1

The export of “dual-use goods” and technical assistance potentially or intended for military purposes.

Regulations’ definitions and the limits that exporters and buyers should know for purchasing the said products from the European Union.

 

               

Following the Italian implementation of the European Union regulation number 1334 of 2000, an export control regime exists for dual-use products and technologies.

Without a doubt, these rules also apply to technical assistance intended for military purposes.

A so-called joint action for the export controls is the consequence of a European Council’s provision.

Pointing out the positions’ convergence of the Member States, it arises as a strategy notion attributable to the European Union as a whole and not to the Member States.

It is necessary to realize the Common Foreign and Security Policy is a significant aspect of this European Union Council’s joint action, according to Articles 11 to 28 of the Treaty for the functioning of the European Union.

What do dual-use goods mean? Let’s dive into it right away!

 

To summarize, this European Union regulation’s definition is about dual-use products, including:

  1. software;
  2. technologies;
  3. and services that we may use for both civil and military purposes.

It is a self-executing rule that brings its norms and all their modifications straight to the Member States.

Given these points, under the European Union Customs Code, there is an export:

  1. in any this Code describes;
  2. in re-export of goods outlined in the Code above as regards the goods’ registration in the declarant’s log;
  3. In software or other technology by electronic means of transmission, fax, or telephone to a destination outside the Union.
  4. In truth, Technology export can also happen when relevant parts transfer through description or dictation on the phone.

However, the said export comes true if substantially comparable to material export. “Substantially” indicates a concrete action to get that result, not binding the formal norm’s model.

              

Let’s see who an exporter is under this Code’s relevant Law.

 

An “exporter” is any natural or legal person on whose behalf an export declaration occurs.

He enters into a contract with the third country’s recipient.

Not to mention, he has a right to decide to dispatch the products at issue outside the European Union when the Customs Authority accepts the declaration.

The most appreciable element is the “power to decide” on dual-use products’ dispatch or a software transmission by electronic means, fax, or telephone beyond the European Customs to identify the exporter in charge.

The “power to decide” makes responsible for who “sends or transmits.

 

               

Sending and transmitting dual-use goods without reservation indicates the operator’s liability even without a contract.

Similarly, if the contract’s ultimate beneficiary does not ship or transmit the items on his account outside the Union.

To end, if the “exporter with the power to decide” is not residing within the European Union territory, the exporter therein settled automatically takes on his responsibility and succeeds the extra-community exporter.

A beneficiary of dual-use goods may be either a natural or legal person who imports them from Europe and has a right to alienate them.

Any person who uses dual-use products definitively is the final user, either natural or legal.

Also, enjoy and watch the subtitled video here below. It will last 00:5:41 minutes.

 

“Italynlaw” Warning:

This video music’s royalties are granted to “Anchor of Spotify AB” by “Blue Dot Session” under license no. 0214. The music tracks used in this video are authorized everywhere by the Anchor FM platform.

“Italynlaw” Law Firm has issued this article.

Don’t miss out on further insights about the matter in the second part of this series.

Figure 14: Road sign “No Jumping off Bridge.”

Source: Pixabay.com.

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