Issues and trendsCustoms & Global Trade |
We can work with you to identify future legislative amendments that may be relevant to you where appropriate and integrate these into our advice.
Recast of Council Regulation for EU Dual-Use control lists
Council regulation (EC) 48/2009, introduced to accommodate changes to the EU dual-use control lists and introduce several new policies came into force on 27th August 2009. It is important for exporters and traders to be aware of this to ensure that these new controls are captured in export control compliance programmes
The main changes are:
- New controls on the provision of brokering services of dual-use items if the broker has been informed that the items are or may be intended for a Weapons of Mass Destruction (WMD) end-use;
- Controls on the transit of non-community dual-use if the items are or may be intended for a WMD end-use;
- National options to extend transit and brokering control to non-listed dual-use items for WMD end-use.
Current issues
- A UK firm pleads guilty to violating US sanctions to Iran.This highlights the impact of a US sanction on a UK company. The company has been fined $15million
- Focus on Recordkeeping – recent enforcement cases have highlighted the importance of ensuring exporters retain the relevant records for all transactions
- Exporters in the EU must ensure they are complying with all relevant regulatory requirements; in some cases this can be EU controls, local Member State controls, and also US re-export controls
- US authorities can assert their jurisdiction in the EU, if the transaction is impacted by US controls (for example if the goods are of US origin, if the company is US owned, etc). Exporters in the EU must ensure they comply with US re-export controls.
