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ARTICLE · 20 OCTOBER 2016

The EU Dual-Use Regulation Recast

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

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On 28 September 2016, the European Commission published its proposal to modernise the regulation on dealings in dual-use items (the EU Dual-Use Regulation).

European UnionInternational Law
Rick Van ’T Hullenaar
Rick Van ’T Hullenaar
Roan Lamp
Roan Lamp
Marnix Somsen
Marnix Somsen
Patrick Ploeger
Patrick Ploeger
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On 28 September 2016, the European Commission published its proposal to modernise the regulation on dealings in dual-use items (the EU Dual-Use Regulation). Modernisation was deemed necessary to keep up with new threats and rapid technological changes. The proposal attempts to make export controls more efficient, consistent and effective.

The proposal has received some criticism, mainly about the extension of the catch-all provision to include products and technology that may cause human rights violations. There is concern that this would unnecessarily complicate the foreseeability and accessibility of export authorisations.

All eyes are now on the ongoing legislative process. In practice, adoption of the proposal in its current form will likely mean that companies will face additional licensing, reporting and other regulatory requirements on newly-added products and technologies under export control. It will also require additional due diligence related to the

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