EU Publishes Non-Binding Guidance On Internal Compliance Programmes For Dual-Use Trade Controls

On August 5, 2019, the European Commission ("Commission") published its official Guidance on Internal Compliance Programmes ("Guidance").¹ The Guidance aims to clarify and harmonize implementation of Regulation 428/2009 on Dual-Use Goods² ("Dual-Use Regulation") by competent Member State authorities ("national export authorities") and EU-based exporters of dual-use goods ("exporters"). While the Guidance is non-binding, national export authorities will take it into careful account when considering applications to export, transit or broker dual-use items.

The Dual-Use Regulation

Dual-use items are goods, software and technology with both civil and military application. The Dual-Use Regulation specifies that this includes "all goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices."³