The so-called Dual Use products are common civil products - material goods, software, technologies, etc. - which can, nonetheless, find an application in the military field: the European Union has adopted specific standards and procedures for regulating their export, aiming to guarantee international security and the non-proliferation of weapons.
The reference legislation for the export of these products is Regulation (EC) 428/2009 as s.a.s., which lists in Annex I all the export products and goods that, for their nature, may have a “Dual Use” both in civil and military field.
The Regulation states the export of this kind of goods has to undergo authorization by the Competent
Authorities of the Member States.
D.Lgs. 96/2003, which determines the application of the Regulation in Italy, has appointed the Ministry
of Economic Development (MISE) as Competent Authority and has established that the authorization
request for export, by any interested subject, has to be presented by also providing a proper technical
documentation related to the product to be exported.
DETAILS OF THE SERVICE
RINA, with the involvement of a specialized Law Firm and of the University of Genova, offers a service of evaluation on products to be exported outside EU, characterized by independence, impartiality and third part, that ends up with the issuance of a Technical Final Report, containing:
- A technical characterization of the product through laboratory analysis and/or an on-site inspection
- The opinion of a Law Firm, based on the results of the previous phase, on the belonging (or less) of the product to the Dual Use categories
- A report, issued by the University of Genova, on the possible military uses of the product
- A prior opinion, based on the three previous phases, on the necessity (or less) to proceed at MISE with the request of authorization to export or with an information report (the latter is necessary in cases of products that do not belong to the Dual Use categories but may still have some military applications).
The Technical Report issued does not replace in any way the authorization to export, whose issuance is competence of MISE. Nevertheless, it represents an essential part of the technical documentation to be provided to the Ministry while making any request for the over-mentioned authorization, other than an important document to which companies may refer to during the export phase.
The evaluation is carried out on the basis of Reg. (EC) 428/09 described above, with the chance to extend the technical and normative analysis to the specific regulations existing for the following countries:
- Iran - Reg. (EU) 267/2012
- Russia - Reg. (EU) 833/2014
- Syria - Reg. (EU) 36/2012
- Libia - Reg. (EU) 204/2011
- North Korea - Reg. (EC) 329/2007.
RINA has signed in 2016 an agreement with the Ministry of Economic Development and the Polytechnic Engineering School of University of Genova, with the purpose of supporting companies producing and exporting potentially Dual Use products and goods.
Our team of experts, thanks to the long-standing experience acquired through many years of product certifications in several market sectors, has the competence to issue, together with the support of the Polytechnic Engineering School, technical-scientific reports and prior opinions aimed at establishing the placement of a product in relation to the European legislation on Dual Use.