Dual use items include goods with a legitimate civil use that might, however, be used at the same time for the development or production of weapons of mass destruction or for violation of human rights.

The export of dual use items outside the EU is conditioned by prior obtaining of a licence. A registration will suffice in some cases. When trading with dual use items in the EU, it is necessary to meet required administrative duties, and in the case of selected kinds of goods it is also necessary to obtain a licence for transport within the EU. Services such as technical assistance, providing software or brokering services may also be subject to the licence procedure.

The recast (which repealed the previous Council Regulation 428/2009) also introduces other types of general licences for certain intra-group technology transfers and for cryptographic goods. The regulation also sets out new requirements for internal compliance programs and introduces new controls that apply to the provision of technical assistance related to dual use items. Previously, these controls only applied to cases where the company also supplies controlled goods or software.

The recast also introduces export controls in situations when the exporter is aware of the fact that technologies for cyber supervision that enable monitoring, collection and analysis of IT system data might be used for human rights violation. The duration of licences and the mandatory archiving period of related documents are also changing.

Violation of regulations in the field of ​​dual use items is an offence subject to fines of up to CZK 20 million, which may jeopardise the granting of a licence for further exports in the future and thus prevent trading on non-EU markets. Serious and intentional violations of dual use legislation are also regulated by the Criminal Code.

If you are interested in more detailed information or need assistance in the field of trade in dual use items, do not hesitate to contact us.