Mapping the Dual-Use Regulation (EU)

Like other signatories to the Wassenaar Arrangement, the EU Member States have established control regimes for the export of conventional arms and dual-use items and technologies. This lesson focuses on Regulation (EU) 2021/821, the so-called EU Dual-Use Regulation that, in its own words, intends to provide "an effective common system of export controls on dual-use items".

The list of dual-use items in Annex I is regularly updated by way of amendments to the Dual-Use-Regulation.

EU legislation always takes precedence over the national law of the Member States. Therefore, an export of dual-use items from a Member States must first comply with the provisions of the Dual-Use Regulation. National export control legislation complements the Dual-Use Regulation by providing national general licenses and defining processes for the issuance of individual licenses, amongst others.

Because of this relationship between supranational and national legislation, it makes sense to combine the Dual-Use Regulation and the national export control legislation of the Member State in which SAP GTS is to be used into one legal regulation in SAP GTS.

If SAP GTS is used in several Member States, the Dual-Use Regulation is thus mapped several times but always in combination with the national legislation of a particular Member State. The legal regulations are therefore specific to the respective Member States.

Some Member States have added lists of controlled items to their national export control legislation for reasons of public security or human rights, for example. The structure of these national lists differs from the structure of the list of dual-use items in the Dual-Use Regulation.

If a national list is relevant at all, it is preferably mapped as a separate numbering scheme in SAP GTS. However, the assignment of a numbering scheme to a legal regulation is unique (SAP Global Trade Services, edition for SAP HANA → General Settings → Numbering Schemes → Assign Numbering Schemes to Legal Regulations). The national export control legislation therefore has to be mapped separately as well.