Trade and brokerage of selected dual-use goods in other EU countries Authorisation

Certain goods are subject to trade restrictions in the EU. This includes, inter alia, "dual-use" items listed in Part I, Section C, identifiers 901 to 999 of the Export List (Annex AL to the Foreign Trade and Payments Ordinance).

These are e.g.

• goods for material processing,
• goods from the fields of telecommunications and information security,
• sensors and lasers,
• Aerospace.

Anyone wishing to carry out a trade and brokerage transaction involving dual-use goods which are

• are located in a third country, or
• are located in the economic territory and have not yet been cleared under import law,

and which are to be exported to another third country, shall require an authorisation if he or she has been informed by the competent authority that those items are used in whole or in part for one of the uses referred to in Article 4(1) of Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items are or may be determined and the country of purchase or destination is indicated in the above identifiers.

If the applicant is aware that the goods to be delivered are intended for the above-mentioned purpose, he must inform the competent authority; this decides whether the trading and brokerage transaction is subject to approval.

The commercial and brokerage transaction may not be carried out until the competent authority has previously authorised it or decided that authorisation is not required.

Such uses include, for example, the development, production, stockpiling and proliferation of chemical, biological or nuclear weapons or missiles for these weapons.

• Part I, Section C, Identifier 901 bus 999 Annex 1 Annex AL to the Foreign Trade and Payments Ordinance (AWV)
• Article 4(1) Regulation (EC) No 428/2009 establishing a Community regime for the control of exports, transfer, brokering and transit of dual-use items