International Trade, Import – Export, Dual use, Dual – use technological products, Mise
GOODS TO DUPLIC USE
Dual goods and technologies are those that can be used in civil applications but also in the production, development and use of military goods, they are different from armaments as they are not specifically designed for military use (see Regulations). An effective dual-use export control system is needed to ensure compliance with international commitments and responsibilities made by States, which have adhered to export control regimes in particular on non-proliferation.
The existence of a common system of harmonized rules and policies in export controls in all the Member States of the Union is a prerequisite for a free circulation of dual-use items within the European Union.
The export of dual goods and technologies is governed by a variety of standards, criteria and application procedures that meet national and international security needs, as follows: Reg. (CE) 428/09 and subsequently amended by Reg. (EU) 388/12, which establishes a Community regime for the control of exports of dual-use items and technology listed in Annex I. In Italy the provisions of Reg. 428/09 have been implemented with the D.L. n. 96 of 09/04/2003 still in force.
The list in Annex I represents the sum of the choices made by the following international control regimes: WASSENAR ARRANGEMENT (high-tech sector) MTCR Group (missile products sector) NSG Group (nuclear sector) Australia Group (organic chemical sector).
AUTHORIZATIONS MAY ASSUME SHAPE OF:
Individual specific authorizations: They are issued on the advice of the Advisory Committee, issued from time to time, and concern transactions that can not benefit from facilitated procedures. The provision is issued on the basis of a specific order or contract. (Article 4 of Legislative Decree 96/09) National General Authorization – AGN: The export of dual-use goods can take place with AGN limited to the destination countries indicated in the Decree of the Ministry of Productive Activities of 4/08/2003 – Antarctica (Italian Base), Argentina, Korea of the South, Turkey- valid in all Member States of the European Union and for all dual-use items specified in the categories listed in Annex I of Reg. (EC) 428/2009, amended by Reg. (EU) 1232/2011, except: a ) as provided for in Annex II octies of the same Reg. (EU) 1232/2011, b) of the goods / countries included in the new AGEU (see Annex II, da bis a septies, Reg. (EU) 1232/11).
The AGN can not be used if the exporter is informed by this Office that the products being exported are or may be, in whole or in part, intended for any of the uses referred to in Article 4 – par. . 1, 2 and 3 – of Reg. (CE) 428/2009 and subsequent amendments or if the Company is aware that the same products are destined to the aforementioned uses.
From the date of issue of the authorization, the Company is registered in the appropriate Register pursuant to art. 6, par. 3, of D. L.gs. 96/2003.
The authorization can be denied, canceled, revoked suspended or modified as established by the Art. 8 of the D.L. 96/03.
It is necessary to send, even if negative, a semi-annual report – January and July – to communicate all the exports made, as per circular 79932/12 of the D.G. Avv. Teti.
General Authorizations of the European Union: AGEU from 001 to 006 (as per the attached scheme 1): the authorizations are valid in all the Member States of the European Union, to certain countries of destination (see diagram attached to Annex 1), to the conditions and requirements of use listed in Annexes IIa to IIf, as established by art. 1, paragraph 3, of Reg. (EU) 1232/2011, which modifies the art. 9, par. 1 of Reg. (CE) 428/2009, and for the following products: all dual-use items specified in the categories listed in Annex II, from bis to septies, of Reg. (EU) 1232/2011, with the exception of the provisions of Annex II octies of the same Reg. (EU) 1232/2011.
You can use these authorizations with notification (within 30 days prior to the first export to be made) to the competent Authority issuing a letter of receipt of notification (as per circular 79932/12 of the D.G. Avv. Teti).
Authorizations can be denied, canceled, revoked, suspended in accordance with the provisions of Art. 8 of the D.L. 96/03.
From the date of issue of the letter of receipt of notification of the Authorization, the Company is registered in the appropriate Register provided for by art. 6, par. 3, of D. L.gs. 96/2003.
It is necessary to send, even if negative, a semi-annual report – January and July – to communicate all the exports made with each type of AGEU, as per circular 79931/12 of the D.G. Avv. Teti.
The AGEU automatically cancel all the GENERAL COMMUNITY AUTHORIZATIONS
issued to exporters before the entry into force of EU Reg. 1232/11.
Individual global authorizations: The export of dual-use goods listed in Annex I of the Reg. (CE) 428/09 can take place with individual global authorization, issued to a single exporter, for all types or categories of dual-use goods and for one or more countries of specific destinations, which have joined the Schemes international and issued after consulting the Advisory Committee, valid for no more than three years and with the possibility of extension. (Article 5 of Legislative Decree No. 96/2003).
Promoting respect for human rights – Reg. (EU) 1352/2011: One of the highest priorities of EU external relations is the promotion of respect for human rights, which is also among the main objectives of the common foreign and security policy ( CFSP). The fight against torture and other cruel, inhuman or degrading treatment or punishment, although many international instruments prohibit this kind of serious violation of human dignity, is still necessary today, for this purpose the Community regulation no. 1236/05 of the Council of 27 June 2005, amended by Reg. Ex. (EU) 1352/2011, which establishes a specific regime for the trade of certain devices and products that could be used precisely for torture or inhumane treatment.
Source Ministry of Economic Development
