Dual-use goods are products, technologies and software that can be used for both civilian and military purposes. Exporting them outside the EU, and between the UK and the EU, is subject to additional controls and requires a licence — individual or general (for example the UK open general export licence for dual-use items to EU member states) — issued by the relevant export control authority (in the United Kingdom — the ECJU), on top of the standard customs declaration. Not holding the required export licence for a good classified as dual-use is a breach of the regulations, even if the customs clearance itself goes through without issue.
Contents
At a glance
- ✓ You check dual-use status against the control list, not the CN code.
- ✓ An export licence is separate from the customs declaration.
- ✓ Export records are kept as required by Regulation 2021/821 and the licence conditions.
What dual-use goods are
Regulation (EU) 2021/821 defines dual-use items as items, including software and technology, which can be used for both civil and military purposes (Article 2(1)). Exporting them is controlled and, depending on the item and the destination, needs an authorisation on top of the ordinary customs declaration.
Two separate systems: the EU and the UK
- EU – the list of items is Annex I to Regulation 2021/821. The available authorisations are individual, global, national general and Union general export authorisations (Article 12(1)). Individual and global authorisations are issued by the authority of the Member State where the exporter is established. Exports to the United Kingdom can use Union general export authorisation EU001 (Section A of Annex II), provided the exporter meets its conditions and the item is not excluded from it.
- England, Scotland and Wales – the UK export control system applies (UK Strategic Export Control Lists), with licences issued by the ECJU through SPIRE. According to GOV.UK, an open general export licence covers dual-use items sent from Great Britain to EU Member States.
- Northern Ireland – EU rules apply. According to GOV.UK, a licence is needed to export from Northern Ireland to countries outside the EU, but not to move the items to the EU or Great Britain.
How to check whether an item is controlled
The control lists use control entry numbers (for example 3A001), not CN codes, so the tariff code alone does not determine dual-use status. Compare the item's technical parameters with the list. In the UK you can use the control list classification service on SPIRE; in the EU, ask the competent national authority.
Data for the export declaration
Prepare for the declaration: the EORI number, the CN/TARIC code, a value matching the invoice, the country of destination and the export licence number, if one is required. Exporting a dual-use item without the required licence is a breach of the rules, even if the customs clearance itself goes through without a problem.
Record keeping
- Records and documents of dual-use export transactions (invoices, declarations, transport documents) must be kept for at least 5 years from the end of the calendar year of export (Article 27(3) of Regulation 2021/821). For intra-EU transfers of Annex I items – at least 3 years from the end of the calendar year of the transfer (Article 27(4)).
- Customs documents: in the EU at least 3 years (Article 51 UCC), and in the UK 4 years for customs declarations (GOV.UK: Archiving your trade documents). The conditions of a UK licence may require a longer period.
- Keep corrected declarations together with the written reason for the change.
Where to get help
The licence is issued by the export control authority, not by a customs agent. A customs agent can help with the export declaration and transport documents. See also: can you transport dual-use goods without a licence, UK export licensing and exporting from Poland to the UK. Not sure about the status of your goods? Get in touch.
Legal basis and sources
Frequently asked questions
What are dual-use goods, and why do they need a special customs procedure?
Dual-use goods are products, software or technologies that can be used for both civilian and military purposes. Because of the risk that they could be used in weapons programmes, they are subject to export controls under EU Regulation 2021/821 and the UK Strategic Export Control Lists. The exporter must obtain the appropriate licence and keep detailed records of every transaction.
What documents are required when exporting dual-use goods from the United Kingdom?
The documents required are: an export licence (SIEL or OIEL) issued by the ECJU (Export Control Joint Unit), or registration for an open general export licence (OGEL), a commercial invoice, a packing list, depending on the licence an end-user undertaking or statement, and an export declaration submitted through the CDS system. Missing any of these documents can result in the shipment being held at the border.
How can you check whether a given item needs a dual-use export licence?
You need to compare the item's technical parameters against the entries on the control lists — the UK Strategic Export Control Lists or Annex I to EU Regulation 2021/821. These lists use control entry numbers (e.g. 3A001), not CN codes, so the tariff code alone does not determine dual-use status. If the item appears on the list, the appropriate licence is required. If there's any doubt about the classification, you can use the control list classification service on SPIRE (UK) or the relevant national authority in the EU.
What are the consequences of misclassifying a dual-use item?
Misclassification can result in the shipment being held by customs, substantial financial penalties and, in serious cases, criminal liability for the unlawful transfer of controlled technology. Verifying the classification with an export control specialist before every transaction is therefore a key part of risk management.
How can a customs agency help a company handle dual-use goods?
An experienced customs agency specialising in dual-use goods can help with classifying goods, putting together the licensing documentation, submitting export declarations and keeping the records required by law (in the EU, at least 5 years from the end of the calendar year of export under Article 27(3) of Regulation 2021/821; in the UK, in line with the Export Control Order 2008 and the licence conditions). The agency can also represent the exporter during an official inspection and advise on choosing the optimal customs procedure, reducing the risk of costly operational mistakes.
Related guides
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