The Dual Use Items (Export Control) Regulations, 2004, provide the necessary legal framework for administering export control measures with regard to dual-use items and technology, in line with international regimes to combat the proliferation of weapons of mass destruction. These regulations implement the provisions of the EU Council Regulation 428/2009 for the setting up of a Community regime for the control of exports of dual-use items and technology.
The regulations provide for the issue of export authorizations in connection with certain dual-use items as well as software and technology. The dual-use items, which require an export authorization, are listed in Annex I of the Council Regulation (see List of Dual-Use Items
). Export authorizations are normally valid for one year.
Exports of items not included in this control list would also require an authorization if:
(i) the exporter has information that the items may be used in relation to the production of chemical, biological or nuclear weapons; or
(ii) the country of destination is subject to an arms embargo decided by the EU, OSCE or UN.
An export authorization would also be required in the case of exports consisting of the transmission by electronic media of software or technology or the provision of technical assistance in connection with the production of the weapons of mass destruction.
Export authorizations may be of three types:
· individual - covering the export of a specified dual-use item to a specified consignee;
· global - for the export of a number of specified dual-use items to specified consignees in one or more specified countries; or
· general - the regulations provide for the granting of a Community general export authorization, whereby, no export authorizations would be required for the export of the less sensitive dual-use items to certain EU trading partners (namely, Australia, Canada, Japan, New Zealand, Norway, Switzerland and United States of America). These items are listed in Annex II of the Council Regulation.
An authorization shall also be required for intra-Community transfers of dual-use items listed in Annex IV of the Council Regulation.
In applying for an export authorization, exporters are bound under penalty to provide the correct information required regarding the description of the items being exported, the particulars of the consignee (and end-user) and the end use of the items. Exporters are also obliged to keep record of such information for at least three years and to allow, if necessary, inspection of such records by any authorized public officer. In addition, exporters are bound to comply with any conditions or requirements which may be imposed in the granting of an export authorization.
The provisions of these regulations apply also to items in transit and items which are transboarded from one vessel or aircraft onto another.
These regulations apply to any person, irrespective of his nationality, in Malta and to any Maltese citizen abroad.
FREQUENTLY ASKED QUESTIONS
Q What are dual-use items?
A Dual-use items are goods designed for civil use but which can be used for military purposes such as certain materials, machine tools, electronic equipment, computers, telecommunications equipment, cryptographic goods, sensors and radar, navigation and avionic equipment, marine equipment and space and propulsion equipment.
Q Why are exports controlled?
A Governments control the export of goods and technology for a variety of reasons. In particular, irresponsible transfer of arms, ammunition and related material can contribute to internal repression, regional instability or terroristic acts. Also, if they are in the wrong hands, goods which are normally intended for civil purposes, can also contribute to the development of weapons of mass destruction and the missiles to deliver them. Such goods and the related technology are controlled and may not be legally exported without an authorization from the Trade Services Directorate.
Q What do the controls cover?
A Strategic export controls apply to a wide range of goods, components and spare parts, and technology, including the following:
· dual-use items and related software and technology;
· military equipment such as arms, ammunition, bombs, tanks, imaging devices, military aircraft and warships;
· nuclear-related goods including nuclear materials, nuclear reactors and nuclear processing plants;
· chemical weapons precursors, and related equipment and technology;
· certain micro-organisms, biological equipment and technology; and
· goods used in programmes involved in weapons of mass destruction and missiles used for their delivery.
Exports of other goods to certain destinations may also be controlled if the country of destination is subject to UN, EU or OSCE sanctions.
Q How do I decide if I need an authorization?
A You should seek technical advice, as necessary, when you are intending to make an export, irrespective of the destination. You should compare the specifications of the product or the technology concerned with the descriptions set out in the legislation to determine whether or not they are listed.
Some controls apply to certain destinations only and where this is the case it is stated in the legislation. In addition, unlisted goods and technology are subject to control if you are aware or suspect that they are intended to be used in connection with weapons of mass destruction or missiles to deliver them, or, if you have been informed that they are or may be intended to be used for such purposes.
Where the export of goods is involved, you might wish to seek advice from the Trade Services Directorate giving all the relevant technical information and specifications of the products and details of the intended destinations. We will than advise you whether or not in our view, on the information provided, the products are controlled.
Where UN trade sanctions or a binding UN arms embargo applies, the supply or delivery to the country concerned of arms and related material and any other prohibited goods may be subject to control.
Q How do I apply for an authorization?
A Application forms for authorizations are available from the Import-Export Licensing Unit, Trade Services Directorate, Commerce Department, Lascaris, Valletta. These forms, which also incorporate a guidance note, advising you how to complete your application, should be carefully filled with the requested details and sent to the Trade Services Directorate. The required supporting documentation (such as technical specifications and end-use certificate) should be sent together with the form.
Q When should I submit my application?
A You should submit the application for export authorization as early as possible, before you make any
contractual commitment. Export authorisations are normally valid for one year.