Gospodarska diplomacija

Diplomacija u službi gospodarstva

Dual Use Items

INTRODUCTION

Controls of export of dual-use items and technologies play a key role in the fight against terrorism and the proliferation of weapons of mass destruction as well as against the abuse of such equipment or technologies.

Dual-use items are items, including computer software and technology, which can be used for both civilian and military purposes, and include all goods which can be used for non-explosive purposes and assisting in any other way in the manufacture of nuclear weapons or other nuclear explosive devices.

In the European Union subject is regulated by Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

Council Regulation (EC) 428/2009 establishes the effective common system of export control of dual-use items to ensure compliance with international obligations and responsibilities of the Member States and the European Union, especially regarding non-proliferation, Such a common control system and harmonized policies for enforcement and monitoring in all Member States is a prerequisite for establishing the free movement of dual-use items within the Union.

As defined in the Council Regulation (EC) No 428/2009, the term “export” shall mean customs procedure arranged by customs regulations for the dual-use items that permanently or temporarily leave the customs territory of the Republic of Croatia and European Union, including a re-export of such items. Export shall also mean a transmission of software or technology by electronic media, including by fax, telephone, electronic mail or any other electronic means to a destination outside the European Union; it includes making available in an electronic form such software and technology to legal and natural persons and partnerships outside the Union. Export also applies to oral transmission of technology when the technology is described over the telephone.

In order to allow direct application of Council Regulation (EC) 428/2009 in the Republic of Croatia, Act on the Control of Dual-Use Items ("Official Gazette", no. 80/2011 and 68/2013) was adopted by the Croatian Parliament.

With the Council Regulation (EC) 428/2009 in force, Croatian companies are free to transfer almost all dual-use items within the customs territory of the European Union, and without licensing procedure. Licence is required for dual-use items listed in Annex IV of the Council Regulation (EC) 428/2009 with regard to the goods of strategic oversight of the Union. Also, companies can use the EU General Export Authorisation for the export of certain goods to certain destinations without issuing individual licence.

Export of dual-use items, brokering services and technical assistance are subject to a licence issued by the Ministry of Foreign and European Affairs.

Council Regulation (EC) No 428/2009 prescribes the so called "catch-all" control system, which is not based on the national control list but rather on the end use or end-user of goods. This means an export licence is required for the export of items which are not included in the List, whereas the Ministry of Foreign and European Affairs has informed the exporter that the items may be used for production and proliferation of chemical, biological or nuclear weapons. Furthermore, an export licence will be required in cases where the items are destined to a prohibited end-user, i.e. a country that is subject to the UN Security Council sanctions, or to actions imposed by the decisions of the Organisation for Security and Cooperation in Europe or the European Union. In such cases, the Ministry of Foreign and European Affairs informs the exporter that an export licence must be obtained. Alternatively, if an exporter is aware that dual-use items which he or she proposes to export are intended for the use or end-user referred to above, he or she must notify the Ministry of Foreign and European Affairs, which will decide whether an export licence is necessary for such export.