International trade in strategic goods
We advise businesses on matters relating to international trade in strategic goods. Our advice covers the classification of goods, assessment of the requirements applicable to a planned transaction, and preparation of the documentation required to obtain an authorisation.
Authorisations for international trade in strategic goods
When planning international trade in strategic goods, it is essential to determine the status of the goods correctly and identify the requirements applicable to the particular transaction. The scope of regulatory obligations depends, among other things, on the type of goods, the form and destination of the transaction and the parties involved.We advise businesses at the stage of preparing a transaction and in proceedings for an authorisation. We identify the requirements applicable to the particular case, prepare the application together with the required supporting documents, and review transaction documentation.
Factors relevant to the assessment of a transaction include:
the type of goods, technology or services involved in the transaction,
the form and destination of the planned transaction,
the foreign importer or recipient and the end-user,
the intended end-use,
the appropriate type of authorisation and the transaction documentation.
Scope of our advice
Our advice covers international trade in goods, technologies and services of strategic significance. We tailor our advice to the type of transaction, the subject of the trade and the regulatory requirements applicable to the particular matter.
Classification of goods and transaction assessment
We determine whether the planned transaction is subject to strategic trade control regulations and which requirements apply in the particular case.
Trade authorisations
We assist in obtaining authorisations for trade in dual-use items or military items, including preparing applications and assessing whether general authorisations may be used.
Import certificates and end-user documentation
We assist in obtaining import certificates and certification of end-user statements, and in preparing the documents required for the particular transaction.
Proceedings before the trade control authority
We prepare explanations and supplementary submissions, represent businesses in proceedings, and advise on matters concerning the refusal, amendment or revocation of an authorisation.
When should a planned transaction be reviewed?
Regulatory issues may arise as early as the transaction preparation stage, particularly where a product has been developed with the civilian market in mind but its parameters may correspond to items included in control lists, or where cooperation with the defence sector gives rise to a need to determine the status of the products or technologies concerned.Advice may also be required when entering a new foreign market, changing the end-user, transferring technology, providing technical assistance or intermediary services. In such cases, an earlier assessment of the transaction helps identify the applicable regulatory requirements before commitments are made to a counterparty and the transaction is implemented.
Related areas
International trade in strategic goods may also involve licensing requirements applicable to regulated activities and requirements relating to the protection of classified information.
Licensing and regulated activities
Trade in military items may involve a requirement to hold a licence for business activities concerning the manufacture of and trade in explosives, weapons, ammunition, and products and technology intended for military or police use.
Classified information and industrial security
The performance of contracts in the defence sector may involve requirements relating to the protection of classified information, including obtaining a Facility Security Clearance and ensuring that personnel hold the required security clearances.
FAQ
Does every export of a dual-use item require an authorisation?
The export of dual-use items included in the control list requires an authorisation. Depending on the transaction, an individual, global or general authorisation may be available. In certain circumstances, an authorisation requirement may also apply to items not included in the control list.
How can you determine whether a product is controlled as a dual-use item?
The assessment requires the product’s technical parameters to be compared with the current control list, taking into account the circumstances of the planned transaction. In certain cases, obligations may also apply to items not included in the list, so the trade name, civilian use of the product or CN code alone do not determine the applicable requirements.
Can the transfer of strategic goods within the European Union require an authorisation?
Yes. In the case of dual-use items, an authorisation is required, among other things, for transfers of items listed in Annex IV to Regulation (EU) 2021/821. Trade in military items within the EU is subject to a separate authorisation regime. The scope of the requirements depends on the type of goods and the destination of the transfer.
Is an Internal Compliance Programme (ICP) required for trade in military items?
An Internal Compliance Programme (ICP) is required for a business applying for an authorisation to trade in military items or using a national general authorisation for such trade. The programme is subject to certification and covers the organisation of internal compliance and trade control procedures.
Is your planned transaction subject to strategic trade requirements?
We help determine the requirements applicable to the planned transaction, prepare the necessary documentation and obtain the required authorisations, as well as assess restrictions arising from sanctions.