Exporting dual-use items from Spain
Reviewed:
Dual-use items are goods, software and technology that can have both civil and military applications: from some electronic components, sensors or machine tools to certain chemicals. Their export outside the EU is controlled by Regulation (EU) 2021/821.
Legal text
Regulation (EU) 2021/821, Article 3
1. An authorisation shall be required for the export of dual-use items listed in Annex I. 2. Pursuant to Article 4, 5, 9 or 10, an authorisation may also be required for the export to all or certain destinations of certain dual-use items not listed in Annex I.
When authorisation is needed
If the item is listed in Annex I of the regulation, exporting it outside the EU needs a licence. If it is not listed, it may still need one when the exporter knows, or is informed by the authorities, that it is intended for weapons of mass destruction, for military use in a country under an arms embargo or for other prohibited purposes. This is known as the catch-all clause.
Exports of dual-use items to Russia and Belarus are prohibited under EU sanctions.
Who authorises in Spain
Licences are processed by the Secretary of State for Trade, with a report from the Inter-Ministerial Board regulating foreign trade in defence and dual-use material (JIMDDU), under Law 53/2007 and Royal Decree 679/2014. Before applying for any authorisation the exporter must be registered in the Special Register of Foreign Trade Operators of Defence and Dual-Use Material (REOCE). For some destinations and operations an end-user certificate is also required.
What customs may ask for
If the item needs a licence, the licence. If it does not, customs may ask for technical documents that justify it, such as a data sheet, a description of the nature and function of the product, or a letter from the exporter explaining why it is not in Annex I. In some cases it also asks for an end-use and end-user statement.
How we help
Classifying an item as dual use and applying for the licence are the exporter's responsibility.
We help you prepare the technical documents and letters customs usually asks for in these clearances, and coordinate the export once everything is in order.
Ask us about your shipmentOfficial sources
General information, not legal advice. Regulations change often, so always check the current text in the official sources.