EU Commission publishes its proposal for the recast of the Dual-Use Regulation

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euflag948x632The European Commission published its long debated proposal for the recast of the Dual-Use Regulation.

By Olivier Coulon, Bert Gevers & Gerard Kreijen, 29 September 2016

The proposal, which remains close to the draft that was leaked earlier in July, sets out important changes, likely to impact EU businesses.

Amongst the most important propositions :

  • The introduction of a human security approach with among other the inclusion of human rights (and terrorism) concerns in licensing criteria and the Catch-All disposition;
  •  The insertion of cyber surveillance technology in the definition of dual-use items and the introduction of the Category 10 of controlled items (‘Other items of Cyber Surveillance Technologies’;
  •  The simplification of the licensing architecture and optimization of licensing processing, introducing among other new EU General Export Authorizations both for export as intra-EU transfers of controlled items;
  • The harmonization of controls on brokering, technical assistance and transit of dual use items;
  • The convergence of catch-all controls, with the introduction of a regular exchange of information between the Commission and EU Member States.

In the next few weeks we will publish more in-depth analysis of the main changes and their potential impact on EU businesses.

People interested to receive more first-hand information on the proposal can still register for the ICC/VBO Conference on 30 September.

Co-authors of this post are:

Olivier Coulon
Bert Gevers
Gerard Kreijen
Bert Gevers
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Bert Gevers

Bert is a partner of the Brussels office, he heads the Loyens & Loeff Indirect tax group in Brussels and co-chairs the firm’s International Trade Group. He advises clients on matters related to international and domestic exchange of goods and services. Matters such as export controls and sanctions, FTA's, customs valuation, origin, classification, excise duties and VAT are familiar parts of my practice. He is also co-heading the Food & Beverages team and he is a core member of the firm's Corporate Investigation Team.

Bert assists clients by drafting compliance programmes, giving trainings, as well as in performing internal scans and audits. He also represent clients before the Belgian and Dutch authorities and courts as well as before the European Commission, its advisory committees and the Court of Justice of the European Union. He has ample experience in counselling clients involved in (criminal) investigations on suspected tax and trade law violations.

He is a member of the Brussels Bar since 2000, the current President of the Global Legal Customs Association, a global network of trade-lawyers, a correspondent for the international VAT Club, a member of the ICC section on Customs and trade facilitation and the sub-committee on indirect taxes and a member of the steering committee of the ABA International Law Section on sanctions and export controls.

He is the co-founder and scientific coordinator of the blog www.worldtradecontrols.com in cooperation with ICC Belgium, VBO/FEB and Bryan Cave LLP where he comments the recent developments in sanctions and export controls.

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