contact
  • About us
    • Our Values
    • Approach
    • People/Partners
    • Careers
    • Contact Us
  • Services
    • Strategic Planning
    • Cash Flow Management
    • Risk Assurance
    • Logistics and Procedures
    • Supply Chain Management
    • Objection and Appeal
  • Topics
    • e-Customs
    • SASP
    • AEO
    • NCTS
    • EMCS
    • Export Control
    • Helpful links
  • Solutions
    • Software Solutions
    • Standardize IC Procedures
    • Use of First Sale
    • Valuation and Transfer Pricing
    • Manuals
Topics
  • Customs 2013 Program
  • SASP
  • AEO
  • NCTS
  • EMCS
  • Export Control
  • Helpful Links
You are here :Home>Topics> Export Control

Export Control


What does Export Control entail?

Export controls in the EU are imposed mostly on military equipment and “dual-use” goods, including items which have both civilian and military uses, such as certain computer and telecommunication goods or certain chemical products. For the sensitive dual-use goods and military equipment, export licences are needed to export them outside the EU. Infringements are subject to severe penalties by the authorities.

Furthermore, the US export control legislation also concerns the re-export of US goods and technology from non-US jurisdictions such as the EU. Although the US government cannot enforce its law directly onto non-US entities in the EU, it nevertheless has a range of alternative sanctions at its disposal such as penalisation of related US companies, prohibition of US exports to the entity concerned and prohibition of US government business. In other words, companies should be aware that they need to be compliant with these export control regulations.

 

What is the impact of Export Control measures?

  • Under the EU regime, controlled items may not leave the EU customs territory without an export authorisation. Additional restrictions are also in place concerning the provision of brokering services with regard to dual-use items and concerning the transit of such items through the EU.
  • Community General Export Authorisations (CGEA) – cover exports of most controlled items to USA, Canada, Japan, Australia, New Zealand, Switzerland, Norway. There is a proposal to create new CGEAs to simplify the current system with regard to exports of certain items to low-risk destinations.
  • National general export authorisations (NGAs) – may be issued by individual EU countries, provided that they:
    • do not conflict with existing CGEAs
    • do not cover any of the items listed in part 2 of Annex II to Regulation 428/200
    France, Germany, Greece, Italy, Sweden, the Netherlands, and the UK currently have these authorisations. NGAs are published in the official journal of the issuing country.
  • Dual-use items may be traded freely within the EU except for those listed in Annex IV to Regulation 428/2009, which are subject to prior authorisation.

    Suppliers wishing to apply for authorisation should contact the competent national authorities for details of what information must be supplied.

  • National authorities may require export controls on unlisted dual-use items (see Articles 4 & 8 of Regulation 428/2009). Exporters should therefore refer to their relevant national rules and check the situation with regard to their specific transactions.

    Such ad-hoc controls may apply where there is a risk that an export to a specific end-user might be diverted for use in a weapon of mass destruction, in violation of an embargo or in certain other situations specified in the Regulatio

  • Individual EU countries may keep in place certain specific national rules.Such rules can apply to additional items to be controlled (Articles 4 & 8). They can require goods to be checked at specific border points (Article 17). They can introduce additional checks inside the EU (Article 11).

For more information, see also the attached fact sheet

 

Services offered by CustomsAdvisoryPlus

CustomsAdvisoryPlus, with the assisxtance of our network partners, is advising companies on export controls and is assisting companies in applying for the necessary licences and authorizations and developing an internal export control framework and implementing the necessary procedures. Our team, will guide your company through the implementation process.

CustomsAdvisoryPlus together with our network partner Customs4Trade can support you with the implementation of the Export Control process. The use of our query tools minimizes the efforts of internal/external resources and reduces the project time needed for implementation.

dual use picture

On 30 June 2011, the Commission adopted a Green Paper on the EU dual-use export control system . The Green Paper launches a broad public consultation concerning the functioning of the EU dual-use export control system. The Green Paper is divided into three parts: the first setting out the overall context of export controls; the second dealing with specific issues under the current dual-use Regulation; and the third elaborating on a mid-to long-term vision of export controls in the EU.

If you would like to receive more detailed information please contact info@customs-a-plus.com

Copyright © 2011 CustomsAdvisoryPlus
Privacy statement/General Terms/Disclaimer