What are the Dual Use licenses?

The export of dual use goods and technologies is ruled by a variety of different rules, criteria and application procedures that meet the needs for national and international security. It is therefore necessary an effective control system of the exported dual use goods, in order to ensure compliance with the international commitments and responsibilities taken by the Countries that joined the export control regimes whit special regard to non-proliferation issues.

The existence of an export control common system of laws and harmonised policies in all the Member States of the EU, represents an indispensable precondition to allow the free movement of dual use goods in the EU.

To prevent the export and transit of dual use goods as a mean to contribute to chemical, biological or nuclear proliferation programs and the usage of such products in the construction of weapons of mass destruction, the UN and the EU introduced international export control regimes for these specific goods.

Who are these regimes addressing to?

These regimes are targeted to all the companies exporting dual use goods and technologies, i.e. those high-tech content products that can be used in civilian applications but are also likely to be used for the production, development and usage of military goods. The EU legislation can be found in the Regulation (EC) 428/2009 and in the relative subsequent amendments and additions. Annex I to the Regulation (EC) 428/2009 contains the list of dual-use goods subject to controls within the Union, and it is constantly updated in order to be in full accordance with international security obligations.

What kind of licenses can be requested?

According to the Regulation, many different type of licenses can be required, depending on the export category:

• individual licenses, specific for one export operation;
  
• general licenses: at national or EU level, applicable to specific Countries and valid for all the kind of dual use goods;
  
• global individual, valid for one or more specific Countries that have subscribed determined international regimes.
  

How do I obtain a dual use license?

In Italy, the dual use licenses are released by the MISE (Ministero dello Sviluppo Economico, The Ministry of Economic Development) as it is the competent authority responsible for supervising dual use goods and the relative export.

The licenses are issued after the submission of an application accompanied by the appropriate documentation (declaration of end use, supply contract etc.).