Dual-use goods and export controls: When are licenses required?

The export of certain goods is subject to strict controlsespecially if they can be used for both civilian and military purposes. Such goods are referred to as Dual-use goods and are subject to special Authorization requirements.

1 What are dual-use goods?

Dual-use goods are products, technologies or software that are both civil as well as military can be used.

Examples of dual-use goods:
High-quality electronics (e.g. semiconductors, laser technology)
Chemicals and special materials
Drone technology and navigation systems
Encryption software and IT security systems
Machines for the aerospace industry

➡ If a product is classified as dual-use goods, an export license may be required!

2 When is a permit required?

One Export license is necessary if:
The goods on the EU dual-use list (Regulation (EU) 2021/821) stands.
The goods are exported to a country that is subject to Sanctions or embargoes stands.
There are indications that the goods for military or illegal purposes could be used.
The export outside the EU (there are simplifications within the EU).

3. which countries are subject to special export controls?

High-risk countries with strict export controls:

• Russia, Iran, North Korea, Syria (extensive sanctions)
• China (certain dual-use goods under strict control)
• Countries with terrorism or embargo risks

Tip: Before exporting, it should be checked whether a Embargo or trade restrictions exist.

4 How do I apply for an export license?

Step-by-step instructions for approval via BAFA (Federal Office of Economics and Export Control):

Check whether the product is on the dual-use list

• Access via the BAFA or the EU regulation

Submit an online application via the BAFA's ELAN-K2 portal

• Specify company data, goods code (HS code) and intended use

Allow for waiting time

• Editing can be several weeks last

Carry out the export after approval

• The authorization must be stated on the customs declaration

5. penalties for violations

Incorrect or missing export licenses can lead to severe penalties!
Fines or penalties
Blocking of export rights
Criminal consequences for willful violation