In brief
Dual-use goods are goods, software and technology that can be used for both civil and military purposes and are therefore subject to export control.
Contents
What is Dual-use goods?
The term describes items with a dual purpose. In the EU, Regulation (EU) 2021/821 governs the control of their export, brokering, technical assistance and transit. Its core is Annex I, the list of items subject to authorisation. Exporting listed items from the EU generally requires a licence, which in Germany is applied for from the Federal Office for Economic Affairs and Export Control (BAFA).
Annex I is divided into ten categories, such as materials, materials processing, electronics, computers, telecommunications, sensors and aerospace. Each entry has a control list number and technical parameters. Common industrial goods may also be affected, for example certain machine tools, corrosion-resistant pumps and valves, measuring equipment or controllers, if they meet the stated performance characteristics. Whether an item is covered therefore depends on its technical data, not on the product name.
The exporter is responsible for classification. Manufacturers often state an export control classification number or a declaration that the item is not listed. In an individual case, the information provided by BAFA is binding; this entry does not constitute legal advice.
In practice: maintenance and procurement
For spare parts for machines that are exported, the dual-use classification should be requested from the manufacturer and recorded in the item master. Spare parts and software for listed equipment may themselves be listed.
Synonyms and abbreviations: dual-use items · Dual-Use Regulation · export control classification number (ECCN) · Annex I · goods with a dual purpose
Frequently asked questions
How can you tell whether an item is dual-use?
The technical data of the item are compared with the entries in Annex I of the Dual-Use Regulation. Parameters such as accuracy, performance or material are decisive, not the product name. The manufacturer's information on the control list number often helps. In case of doubt, a ruling on the control list can be requested from BAFA.
Who is responsible for classifying dual-use goods?
The exporter is responsible, i.e. the company exporting the goods. It may rely on information from the manufacturer but must check it for plausibility and document it. Incorrect classification can lead to unlicensed exports. In case of doubt, the information provided by the competent authority is binding.
Are spare parts affected by dual-use rules?
Yes, this is possible. Spare parts, components and software may have their own list entries or be intended for listed equipment. Whether they require a licence depends on the specific part and the list entry. The classification should therefore also be checked for spare parts, not just for complete machines.
What is the difference between dual-use goods and military goods?
Military goods are specially designed for military purposes and in Germany are covered mainly by Part I Section A of the national export list. Dual-use goods are essentially civil products that can also be used for military purposes. Licensing requirements apply to both, but on different legal bases.