EU export controls: the 821 clinic

WorldECR is delighted to present, in conjunction with Customs Manager Ltd, a six-webinar series giving you the lowdown on the new EU export control regulation.

On 9 September, the new EU export control regime or ‘recast’ came into force. Regulation 821/2021 is not as drastic a revision as some had anticipated or feared, but has important consequences for all compliant businesses.

In this series of easily digestible 30-minute web sessions, Arne Mielken of Customs Manager explains the key provisions of the new ‘recast’ Regulation 821/2021. The sessions take the form of a Q&A with Tom Blass, WorldECR‘s editor, putting the questions to Arne and inviting participants to ask theirs, too.

Session 1: Overview of the key changes in a nutshell

In Session One, we move quickly through the key changes to the regulation, providing you with a checklist for areas to further explore – including, the new broader definitions of ‘exporter’, and broker, new provision for  member state  information sharing,  emphasis on cybersurveillance and human rights concerns and broader catch-all provision. It also asks – and answers – whether, in practice, EU member states can now create their own control lists.

Session 2: The new cyber surveillance controls – what, why, how?

The recast was, in part, driven by a perceived need to better technology that might be used for ‘cyber surveillance’. This session looks at the breadth of new provisions, including on catch-all, the new ‘transmissible controls’ concept, and other areas of the Regulation which may in particular affect the ICT sector. 

Session 3: Could I be caught by catch-all?

Catch-all deals with the control of non-listed items that may nonetheless  be put to dangerous uses in the wrong hands. It creates compliance challenges because it demands subjective evaluation of items and users. Here we discuss how best to prepare for the 821/2021 catch-all requirements – and having the right systems in place.

Session 4: Two new General Licences: Are they right for my company,  and  how do I use them?

Regulation 821/2021 introduces two new General Licences:

• EU007 covers the intra-group export of most software and technology listed in Annex I Union
• EU008 covers, subject to several conditions and requirements, the export of certain (but not all) encryption items.  

But – each comes with strings attached! In this session, Arne takes a deep dive into licences, and looks at their potential, and their limits. Could they be right for your company?

Session 5: The EU Export control regime – for non-EU companies

This session focuses on how the EU export control regime affects the business operations of non-EU companies. It looks at non-EU exporters’ obligations such as registration and record keeping, and the opportunity created by the ‘licensing gateway’ by which an exporter not resident or established within the EU can still obtain an individual export authorisation from the Member State authority responsible for issuing authorisations where the dual use items are located. 

Session 6: Putting it all together: What does the regulation mean for my ICP?

In Session 6, Arne addresses attendees’ questions on the regulation, and talks through strategies for incorporating its provisions into an Internal Compliance Plan.

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