2009年6月8日月曜日

EC export control new regulaiton

EU will introduce new regulation for export control of transfer, brokering and transit of dual use items. It was published in the Official Journal of the European Union (Council Regulation (EC) No. 428/2009). It will come into effect on August 27, 2009 and will replace the current regulation.

This new regulation reflect the UN Security Council Resolution 1540 (2004), which is requirement of "brokering" and "transit" control of dual use items.
"Brokering" is the transaction of controlled items from a third country outside the EU and to a another third country outside the EU. The license may be required for a potential WMD end-use. The items are defined to include software and technology.

Similar export regulation is also imposed in Japan based on US Security Council Resolution 1540, in terms of brokering service. However, the difference (or, say, loophole of Japan's regulation) is that Japan regulate only the goods, don't regulate technology brokering under FEFTL.

(Source: http://www.bryancave.com/files/Publication/b69b1fe6-698c-458d-bbe5-37d863f91e5f/Presentation/PublicationAttachment/ab7674bf-b862-4e12-bda2-3c1d1627df8d/IRB441.pdf)

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