Export Controls: exporting / re-exporting controlled technology under Exemption 1 of Annex 4
Many of our exports are part of a larger European Space Agency (ESA) Programme. With reference to Exemption 1 of Annex 4, would we still need a licence if we were exporting / re-exporting controlled technology to, for example, a test house.
(This question was asked at one of our recent webinars on Export Controls. You can listen to this webinar on our recent webinars page at https://opentoexport.com/info/webinars/)
Annex IV of the EU Dual Use List specifies the goods that are subject to an individual licence even if they are transferred within the EU. If you are transferring goods or data to a test house or between partners in different EU countries, you will need to have export licences in place for all transfers if the technology is listed in Annex IV. I am not aware of any Exemptions to Annex IV.
Apologies – after posting the above I realised the exemption you were referring to which applies to MTCR items only on Annex IV. The wording of the exemption is ‘Annex IV does not control the following items of the MTCR technology:
1) that are transferred on the basis of orders pursuant to a contractual relationship placed by the European Space Agency (ESA) or that are transferred by ESA to accomplish its official tasks;
If you are transferring goods within the EU that meet the terms of 1 above and would normally be considered as Annex IV goods, they will revert to being Annex I only goods. You will not require an export licence to transfer them between EU Member States (but will need to put a declaration that if exported outside of the EU a licence will be required – see Article 22.10 of the Dual Use Items Regulation). You will still need licences if you are exporting these items outside of the EU.