EUdualuse

EU dual-use refers to items, software and technologies that can be used for both civilian and military or proliferation-related purposes. In the European Union, the control of dual-use goods aims to facilitate legitimate trade while preventing acquisition or transfer for harmful activities, such as weapons development or illicit surveillance.

The legal framework is centered on the EU Dual-Use Regulation. The current regime is anchored in Regulation (EU) 2021/821, which updates and consolidates rules for the export, transfer, brokering and transit of dual-use items. The Regulation relies on a harmonized EU Dual-Use List (Annex I) that groups items into categories ranging from nuclear materials and electronics to telecommunications, sensors and avionics, and aerospace equipment. The list is aligned with international regimes, including the Wassenaar Arrangement, and is periodically updated by the European Commission in consultation with member states.

Licensing is a core feature. Exporters generally need a license to ship dual-use items from the EU to third countries, with exceptions for general or global licenses and for certain low-risk destinations. The regime also includes a catch-all provision that allows controls for items not listed if there is a risk they could contribute to weapons development or other prohibited uses. End-use and end-user screening is required, and there are obligations for record-keeping and compliance programs.

Enforcement rests with national competent authorities in each member state, coordinated through EU networks. Penalties for violations vary by jurisdiction but can be substantial, reflecting the regime’s emphasis on upholding nonproliferation and security objectives while supporting legitimate trade.