In particular, Hong Kong traders should be aware that many products (especially those related to electronics and technology) must comply with the dual-use regime. Other products, such as dangerous chemicals or cultural goods, are also subject to specific export controls.

5.3.1 Dual-use

Dual-use products are items, including software and technology, which can be used for both civil and military purposes. They can also be items for the use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons; or the development, production, maintenance or storage of missiles capable of delivering such weapons.¹

a) Setting up a Community Regime for the Control of Exports of Dual-use Items and Technology (Regulation 1334/2000)

The list of products subject to the special control under the dual-use regime, contained in Regulation 1334/2000 (as last amended by Regulation 1183/2007), is quite large.² For several categories of product (mainly nuclear materials, chemicals, micro-organisms, toxins, electronics, computers, telecommunications and information security products, sensors and lasers, navigation and avionics, marine, propulsion systems, space vehicles and related equipment), an export licence is required. However, a licence is not necessary with respect to these categories when they are moved from one Member State to another (intra-Community movement).³ Further, an automatic licence is provided for most of the products contained in these categories, in cases where the country of destination is Australia, Canada, the US, Japan, Norway, New Zealand, or Switzerland.

The transmission of software or technology by electronic media, fax or telephone (intangible transfers) is also subject to export controls.

b) Types of Licence

Exporters may apply for two types of licence, depending on the end-use and the country of final destination:

• Individual export licence: This may cover several consignments of a specific product to the consignee/end-user specified in the licence, and is the most common one. Its duration may vary depending on the issuing Member State, although normally the licence lasts for six months, which may be extended up to three years.
• Global licence: This allows for the export of an unlimited number of goods to one or several consignee(s) or end-user(s). Its duration may vary depending on the issuing Member State, although normally the licence lasts for six months, which may be extended by up to three years.

c) Application for a Licence

The application for an export licence has to be submitted to the competent authorities of the Member State where the exporter is established,⁴ including a declaration of the country of destination and end-use as well as the specifications of the product, its applications, a technical memorandum and all that information that may be useful to obtain the export authorisation.

The processing of the application for an export authorisation by the competent authority does not normally exceed ten working days, except in those cases relating to licences for the export of military goods. An authorisation to export an item on the dual-use list is valid throughout the EU.

In some EU Member States, the exporter has to be registered with a Special Register of Exporters of Defence material and Dual Use Items in order to apply for an export licence. In addition, exporters are subject to certain obligations, such as the obligation to preserve the documents and records of the exports, or the obligation to declare their exports every six months.

In sum, traders wishing to export their products from the EU are advised to verify the list of items subject to the dual-use regime in order to obtain an export licence. In addition, since a Member State may prohibit or impose different requirements upon the export of dual-use items for reasons of public security, it is also recommended to contact the competent authorities in order to check whether the export of a particular product may require an export licence.

5.3.2 Dangerous Chemicals

The export and import of dangerous chemicals (Regulation 304/2003)

The export of dangerous chemicals from the EU is subject to the controls established in Council Regulation 304/2003. Annex I of Regulation 304/2003 contains the list of chemical products which are subject to notification requirements. Annex V includes the products subject to an export ban (i.e. cosmetic soaps containing mercury and certain persistent organic pollutants).

Articles containing chemicals that could be released under conditions of use or disposal and that are banned or included in Parts 2 and 3 of Annex I are also subject to the export control rules.

5.3.3 Cultural Goods

The export of cultural goods (Regulation 3911/92)

Cultural goods are, inter alia, archaeological objects, antiques, paintings, books, manuscripts, films, means of transportation, maps, etc., all of which have a particular historical value.

The export of cultural goods is subject to the presentation of an export licence which is valid throughout the EU. A licence may be refused if the goods in question fall into the category of national treasures covered by the legislation of the Member State.