INTERNATIONAL TRADE - "Dual Use: about reasons on export controls".

Università degli studi "La Sapienza", Roma


The global market today has become increasingly competitive and complex.
The role of the lawyer in cross-border transactions is fundamental for a company that wants to strategically operate effectively on international markets. In particular, the most influential factors affecting change are to be seen in geopolitical tensions, the existence of war-related outbreaks affecting relevant areas of the planet, increased terrorist activity, and the recycling of forage in the tendency of some states so-called 'rogue' to try to produce nuclear and chemical-biological weapons in the high-tech cyclone development, which goes hand in hand with the vulnerability of telematic computer systems. Hence an irreversible change. 
More and more countries adopt legislation aimed at introducing international trade control measures. And international trade is no longer the same. Because the risks are far greater than the benefits. 

The UN Charter attributes, on the one hand, to the Security Council the power to decide on restrictive measures in the event of threats to international peace and security.
The United States, on the other hand, imposes penalties on the basis of legislative acts designed to implement foreign policy interventions for national security purposes, but acting In the light of the extraterritoriality principle that allows US authorities to control all moves of goods and Technology in any part of the world.
Then, the EU Council - on the basis of art. 215 - has the power to decide on restrictive measures within the Union's foreign and security policy (CFSP), transposed and enforced by imposing sanctions, embargoes and international restrictions. Indeed, in recent years, some or all of the EU's economic and financial relations with one or more third countries have been interrupted, either partial or total, irrespective of the implementation of binding UN Security Council Resolutions.
Even before the instruments of a diplomatic nature, often the economic leverage affects the internal state of the states, influencing political activity, respect for human rights, violations of international law or the protection of democratic principles put in place by governments of Third countries, state entities, or even natural or legal persons against which the Union or States ranks, sometimes only multilateral or the United Nations. 
The consequences are both on the basis of specific commercial relations and on general prohibitions to prohibit the import or export of goods and services, to apply financial restrictions or certain embargoes on arms and ammunition or on they are connected, or even just, to prevent the access of certain people to a territory by means of limitations on entry visa or travel permits, as the case may be. Companies and people must therefore comply with national, community and international prescriptions - respecting them under strict administrative, criminal and reputation sanctions. That is why a dual-product catalog was created, which is systematically updated in EC Regulation 428/2009, so as to include in addition to goods and services, including software and technology applications that can be of civil use Even though they are goods that do not themselves have potential explosive use or that may end up being still used in the manufacture of nuclear weapons or other nuclear explosive devices. If, however, the barriers to trade towards individuals, in relation to specific goods or to particular countries, and restrictions on financial transactions remain the typical forms of embargo and international restriction, more and more often there are standards prohibiting exports in the absence Licensing or that presuppose a control of goods and services including components, spare parts, classification of technical data of an equipment and also drawings, sketches, manuals, e-mails, technical assistance (Also made in oral, telephone or telematic messages, which in the era of cloud computing generates intrusive flows of information crossing borders, thus jeopardizing the internal security of nations and their businesses) and physical and IT security Of products and, ultimately, the cd I.T.T. (Intangible Technology Transfers), involving producers, employees, customers, sellers, partners, brokers, distributors, freight forwarders and consultants at all levels. That's why international trade has changed. It is no longer possible to have all the knowledge about specific embargo provisions and restrictions in force. Entrepreneurs who want to open up to foreign markets, besides aiming for the gain they can derive from their business, must now worry that it is legitimately carried out, so as to harmonize their legality with individual business activities and require Therefore, in time for any authorizations to the Authorities concerned.
The advice of a dual-use and export control legal expert must be required in advance and it is indispensable to do business safely.


Print Email

I più letti