{"id":36583,"date":"2023-04-03T00:00:00","date_gmt":"2023-04-02T22:00:00","guid":{"rendered":"https:\/\/lexia.studioup.site\/export-control-the-regulation-of-the-dual-use-items\/"},"modified":"2024-09-20T10:24:58","modified_gmt":"2024-09-20T08:24:58","slug":"export-control-items","status":"publish","type":"post","link":"https:\/\/www.lexia.it\/es\/2023\/04\/03\/export-control-items\/","title":{"rendered":"Export Control: The regulation of the Dual Use Items"},"content":{"rendered":"

‘- Written by Elmira Shahbazi<\/a><\/p>\n

What Are Dual-Use Items?<\/h2>\n

Dual Use Products <\/b>are products<\/b> such as software<\/b> and technological devices that are designed for civilian<\/b> purposes, but can also be used for military purposes.<\/b><\/p>\n

These may be represented by any form of object or software susceptible for use in the production of armaments. This includes, but is not limited to, nuclear, chemical, or biological explosives aimed at terrorist purposes.<\/p>\n

The export of these types of products is subject to strict control for compliance with national interests as well as international commitments and agreements.<\/p>\n

In some cases, the export of these products is prohibited. In others, it is subject to a prior authorization by the competent National Authority, the UAMA (Armament Material Authorization Unit).<\/p>\n

Relevant legislation<\/h2>\n

The regulation on controls of \u00abdual use\u00bb products was born in 2000 with the introduction of the\u00a0 CE Regulation 1334\/2000<\/b>. Over the years and with the proliferation of products that can be considered dual, the discipline has been constantly modified\u00a0 and updated by several regulations.<\/p>\n

It may be useful to recall the CE Regulation 428\/2009<\/b>, which led the Italian government to adopt the Legislative Decree 221\/2017<\/b> to harmonize the Italian law with the European standards.<\/p>\n

In recent years, two regulations have particularly modified the discipline of export controls: specifically, the CE Regulation 821\/2021<\/b> which reformed the export control procedure by establishing a system of authorizations issued by the Ministry of Foreign Affairs and International Cooperation, and the CE Delegated Regulation 1\/2022<\/b>, which replaced and expanded the list of dual use items included in Annex I of the CE Regulation 821\/2021.<\/p>\n

In addition, CE Regulation 821\/2021, introduced two other new developments: the requirement to establish an Internal Compliance Program (ICP)<\/b> when applying for authorizations, and a new e-Licensing<\/b> system for the application of export authorization.<\/p>\n

Internal Control Program (ICP)<\/h2>\n

The provisions of the CE Regulation 821\/2021 <\/b>expanded the range of possible export authorizations, making them subject to the prior establishment of an Internal Compliance Program<\/b>, which allows the exporter to be \u00abaware\u00bb of the regularity and compliance of its activities.<\/p>\n

This program, whose efficacy<\/b> must be constantly monitored by the company, by the assessment of potential risks <\/b>that may affect certain exports, involves several steps<\/p>\n

The company can freely choose the organization of its Internal Program<\/b>, keeping in mind that an efficient and functioning system will have the dual effect of speeding up export licensing procedures as well as supporting national authorities<\/b> in dealing with terrorism and weapons proliferation.<\/p>\n

To summarize, the basic points that an efficient Internal Program should follow are:<\/p>\n