What is an export?

An export authorisation presupposes that an export is taking place that covers a broader spectrum than exports in a general sense. Much critical know-how may take many forms and may be exported in various ways. The export control rules apply in all cases.

Critical know-how may, for example, be exported in the form of: a physical product in which the know-how in question is embedded, an expert posted abroad who provides technical assistance or electronic transfer, for example via e-mail, phone, fax or uploading on the Internet.

The word product is used in a general sense, but it is important that product should be understood in a broader sense than mere physical products. Technologies and accessible software on a homepage are, for example, included in the product definition.

In case of doubt, the exporters decision should be based on the EU regulation definitions of dual-use products, export, exporter and export declaration. Naturally, it is also possible to obtain advice and guidance.

Is it a matter of critical exports?
Whether it is a matter of critical exports requiring an export authorisation depends on several factors:

• The product: is it a matter of a critical product either because it is contained in the EU list of critical products, or because it is a matter of catch-all, i.e. application of the product in relation to WMD or military use in a country under an arms embargo?
• Export destination: is it a matter of a critical export destination, as different rules apply to, for example, EU Member States and critical countries, such as North Korea and Iran?
• Warning signals: are there critical and/or unusual circumstances in relation to either the customer or the envisaged use of the product?

The factors are interdependent. Certain products may, for example, be exported to other EU Member States without an authorisation, whereas exports of the same product to a third country require an authorisation.