There are different types of “authorization” regulations and denial, nullification, revocation, suspension, and modification to export from the E.U.”
Exporters and buyers should know more about Authority when purchasing “dual-use products” from the European Union.
Despite mentioning the Italian experience as an instance, the rules discussed here apply throughout the European Union single market and even in the countries adhering to its standards.
The Authority applying governing rules on exporting products is the Department for Internationalization at the Italian Ministry of Productive Activities.
Decrees of the competent Ministry list dual-use products, which may be subject to modification.
Export authorizations for dual-use goods are several and summarized in the following.
“THE INDIVIDUAL SPECIFIC AUTHORIZATION.“
It concerns a “single exporter” of dual-use items listed in a specific regulation and for a “specific-end user.”
In this way, the Authority reserves the right to make an “objective check” to authorize the type of goods to be exported and a “subjective one” regarding those who must make final use of them.
This authorization granting requires the favorable opinion of the Advisory Committee for the export of dual-use goods.
In addition to the Ministry of Foreign Affairs and International Trade and Customs and Public Monopoly Agency, the Departments of Internal, defense, economy and Finance, Economic Development, Cultural Heritage and Activities, and Health are represented in this Committee.
The Head of the Dual-Use Materials Division acts as secretary. THIS authorization is valid for a fixed or extendable period.
The application for specific individual authorization must have the “final user’s declaration,” containing, among other things, the identification data relating to the imported goods.
Also, it must cover the “express commitment” not to use such goods:
- in military appliccations;
- in nuclear applications;
- for civilian nuclear uses in installations not under the supervision of the “International Atomic Energy Agency;“
- for the manufacture of atomic weapons;
- as well as the commitment not to re-export, transfer, or divert imported goods during the trip.
The Authority could request other demonstrations from the exporter, such as an “International Import Certificate” or other specific documentation.
The same Authority may demand compliance with conditions and particular obligations that the exporter must observe.
All exports under the specific individual authorization regime must result from documents.
Their documentation must be kept for at least three years at the “Exporter’s registered Office” and be made available for any inspection activity by the Authority, which may take “peremptory writs” such as modification, suspension, or revocation of the authorization in cases of irregularities.
“THE GLOBAL INDIVIDUAL AUTHORIZATION.“
On the other hand, this one is issued in the same cases of export of the goods mentioned above and with the exact accounting and tax rules, but, in this case, the goods travel to one or more specific destination countries.
This authorization has a “maximum duration of three years.” The issuing entity communicates it to the Customs Agency at the Italian Ministry of Economy and Finance.
The exporter takes this authorization application responsibility, speaking of:
- objective and subjective limits indicated on it;
- proper filing tax documents in;
- the commitment declaration on prohibitions and limitations to these goods’ usage by the importer.
The applicant for the authorization may have to integrate the application with other documents requested by the Administration of the competent Office.
Unlike the first, this authorization relates to “non-occasional operators.”
“THE NATIONAL GENERAL AUTHORIZATION.”
This last is less widespread than the previous ones and concerns dual-use goods and recipients identified in more detail by the Decree of the Ministry of Productive Activities and by the national laws of the European Union Member States.
The Regulation of this authorization is similar to that of the others on a procedural level.
Still, it is to export dual-use products to particular countries, such as North Korea and Argentina.
“THE COMMUNITY GENERAL AUTHORIZATION.”
Lastly, this one concerns those goods and recipients indicated in the same part of the Regulation.
A suitable procedure occurs, and exceptions regarding specific countries emerge. Such as:
- New Zealand;
- and the United States of America.
Exporters must apply for approval from the issuing country’s Ministry when exporting dual-use goods to said countries.
The sole obligation is to submit to the Authority a list of carried-out operations within thirty days of each semester’s end.
Let’s now look at the events that can hinder this authorization use.
Under these conditions, the export, transfer, brokerage, technical assistance, and transit of dual-use products must comply without the possibility of derogation.
The authorizations can be:
- or modified.
As regards Italy:
- When ceasing to comply with the relevant regulations and national or international laws following treaties Italy has entered into with other states.
- Likewise, if an exporter fails to comply with the obligations described in the released authorization certificate.
- And if impeding circumstances arise following authorization that requires the application of the restrictions in question.
Also, in light of the commitments and obligations assumed by Italy as a Member of stipulating Organizations of international non-proliferation regimes or ratifying the relevant global Treaties.
As a competent Authority – The Unit for authorization of military goods – would cancel the original authorization measure in the abovementioned cases.
The Director of the National Authority – UAMA – chairs the Interministerial Advisory Committee and is called to express mandatory, but not binding, opinions on the export operations referred to above.
“Italynlaw” Law Firm has issued this article.
Figure 14: Road sign “No Jumping off Bridge.”