Dual-use regulation: transferring dual-use items within the EU also requires registration

Under the dual-use regulation of the European Union (EU), the export of dual-use items between EU member states generally does not require an export license. This intra-EU transfer is typically free from licensing requirements to facilitate the smooth functioning of the internal market. However, that does not mean you don’t have to do anything regarding dual-use goods regulation. For example, recording the transaction is a legal requirement. Are you looking for extensive information and services regarding export compliance regulations? Export Control Group can help you.

What is the EU Dual-Use Regulation?

The EU Dual-Use Regulation is a set of rules within the European Union that controls the export of certain items, software, and technology that can be used for both civil and military purposes. These rules are in place to prevent such items from getting into the wrong hands or being used in harmful ways, ensuring international security and peace. That is why dual-use items have export control regulations from the EU. This regulation requires exporters to obtain export licenses when exporting dual-use items outside of EU countries.

Within the European Union, dual-use classification goods are typically free from licensing requirements. However, some of these items are highly critical. Those are the items, software and technology listed in annex IV. These dual-use goods have sanctions to protect the export. Even if your items are not listed in annex IV, you still have a number of minimal requirements to adhere to. Two requirements regarding dual-use goods regulation are listed below:

Requirement 1: Inform your client

Article 11, sub 9 of the EU dual-use regulation 2021/821 requires the so-called “dual-use statement”. Are you transferring dual-use items that are listed in Annex I within the EU? Then it’s important that all related business papers clearly show that these dual-use items are under export control if they leave the EU. Related business papers include sales contracts, order confirmations, invoices, or delivery notes. They should all specifically mention this control status.

Requirement 2: Record your intra-EU dual-use transaction

Chapter 8 of the EU dual-use regulation 2021/821 describes the controls measure. The first article refers to internal EU transfers of dual-use classification items from Annex I. These goods, software or technologies must be maintained for a minimum of three years after the end of the year in which the transfer occurred. Upon request, these records should be presented to the relevant authority of the EU Member State from which the items were originally transferred. Your dual-use registration should therefore not only cover dual-use exports outside of the EU, but also within these borders.

Our solution pillars

We offer a unique Export Control & Compliance program, called the “A4 approach”. The A4 aproach, combines solid compliance structure with Lean Six Sigma / Lean Thinking techniques. Why? Because it is simple, easy to understand and a perfect base to find the compliance starting point withing your organization


Most companies are not aware of sanctions & export control regulations. We create awareness by straight forward, to-the-point training.


What is the maturity of your sanction & export control compliance? We have developed a lean compliance assesment tool called SCAN365.


Now you’re aware of the gaps in your compliance process, fixing them is the next challenge. Translating the gaps in your processes into solid solutions.


Outside assistance and coaching will keep you sharp. Because you can’t know everything in the volatile domains of sanctions & export controls.

Implement dual-use regulations

When you are looking at your own dual-use regulation implementations, it is important to remember that EU export control is only the beginning of international export rules and regulations. Dual-use export control regulations apply to countries all over the world. On top of that, dual-use goods sanctions are also more and more relevant within today’s world. Make sure you are aware of all the rules and regulations to avoid penalties and fines for your organization.

Export Control Group can help you with dual-use regulations

The implementation of all these dual-use regulations can be daunting and overwhelming, especially if you are unfamiliar with the many export control rules. At Export Control Group, we offer an extensive control and compliance programme. This is called the A4 approach: Aware, Assess, Adapt, and Assist.

Are you looking to outsource this knowledge to real professionals in order to minimize the risk of fines? Discover our unique Export Control Officer as a Service™.

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