Dual use

from Wikipedia, the free encyclopedia

Dual-Use (also dual use ; English dual-use ; German  dual-use capability ) describes the basic usability of goods for civil as well as military purposes. This includes in particular goods from the field of sensitive electronics, telecommunications, IT technology, but also data processing programs (software) or other technologies (construction plans, etc.). The term, borrowed from English , is mainly used in export control and in connection with the proliferation of weapons of mass destruction .

Dual-use goods are also all goods "that can be used for non-explosive purposes as well as for any form of support in the manufacture of nuclear weapons or other nuclear explosive devices." According to Article 2, Paragraph 1 of the EU dual-use goods -Regulation. Colloquially, the FAZ described "Dual Use" as "research that is carried out for the benefit of mankind, but which in the wrong hands can lead to catastrophe."

Dual use good

Dual-use goods are goods (including software and technology) that have been manufactured for a civil purpose, but can also be used for military purposes due to their properties (e.g. material properties or performance). International control regimes such as the Nuclear Suppliers Group , the Australian Group , the Missile Technology Control Regime (MTCR) and the Wassenaar Agreement keep lists of these goods regularly updated. These lists are adopted in supranational (Europe) or national lists. The latter are partially supplemented by national entries.

All dual-use goods that are listed in the (inter) national goods lists are subject to export controls in the respective country, i. H. With a few exceptions, the export of a listed item requires the approval of the competent authority. The relevant licensing authorities reserve the right to prohibit the export of these dual-use goods in cases of ambiguous use of the goods to be exported. For example, the export of high-speed centrifuge systems , which on the one hand can be used in medicine and pharmacology , on the other hand can also be used to enrich uranium for the production of atomic bombs ( see Iran's atomic program ), can be prohibited by the competent authority if the only civil use cannot be clearly identified.

In Germany, the Federal Office for Economics and Export Control (BAFA, the former Federal Office for Commercial Export ) in Eschborn / Taunus is responsible for issuing export permits.

All internationally regulated dual-use goods are listed in Appendix I of Regulation (EC) No. 428/2009 ( Dual-Use Regulation ). Germany has implemented this Annex I, expanded by some national positions, into German law with Section B of the Export List (Annex to the Foreign Trade Ordinance, AWV).

Switzerland is also a member of all four control regimes and regulates state control measures in the “Federal Act on the Control of Goods that can be Used for Civil and Military Use and Special Military Goods (Goods Control Act, GKG)”. The State Secretariat for Economic Affairs ( SECO ) with the Directorate for Foreign Trade is responsible within the Federal Department of Economic Affairs (FDEA) .

In the US , dual-use goods are listed on the Commerce Control List , which is part of the Export Administration Regulations (EAR).

Coding

Each dual-use item is listed in the lists with a unique combination of numbers, letters and numbers. In Germany this coding is referred to as the export list number (AL number) and in the USA as the Export Control Classification Number (ECCN). The first number of this code stands for the category assigned to the dual-use goods subject to export controls:

  • 0 Nuclear materials, plants and equipment
  • 1 materials, chemicals, microorganisms and toxins
  • 2 Material processing
  • 3 General electronics
  • 4 computers
  • 5 Telecommunications and Information Security
  • 6 sensors and lasers
  • 7 Aviation Electronics and Navigation
  • 8 Marine and ship technology
  • 9 Propulsion Systems, Spacecraft and Associated Equipment

Each category is in turn divided into five genera, which are identified by a letter:

  • A Systems, Equipment and Components
  • B Inspection, testing and manufacturing equipment
  • C materials and materials
  • D data processing programs (software)
  • E technology

The following three digits (the identifier) ​​are made up of the reason for the control (first digit) and a serial number. Goods with an identifier in the range 901–999 indicate national restrictions; H. these goods are not included in the international lists of goods.

See also

literature

  • J. Böer, A. Groba, H. Hohmann: Practice of US (re-) export control - EAR - ITAR - OFAC - safely mastering US regulations. Bundesanzeiger Verlag, Cologne 2008, ISBN 978-3-89817-641-5 .
  • Federal Office for Economics and Export Control (Ed.): HADDEX - Handbook of German Export Control. Loose-leaf work.
  • H. Hohmann: The new version of the dual-use regulation for export controls. In: New legal weekly. (NJW) 2000, p. 3765.
  • U. Karpenstein: The new dual-use regulation. In: European Journal of Business Law. 2000, p. 677 ff.
  • M. Pießkalla: Export of goods. Deutscher Sparkassenverlag, Stuttgart 2007.
  • A. von Portatius: The amended dual-use regulation (EC) No. 428/2009. In: AW-Prax. Außenwirtschaftliche Praxis - magazine for foreign trade in law and practice. Edition 9/2009, Bundesanzeiger Verlag, Cologne, 2009, p. 283 f.
  • Frank Th. Petermann: Dual-Use - Aspects of the federal law on the control of goods that can be used for civil and military purposes and special military goods and lists of goods. Dike Verlag, Zurich / St. Gallen 2014.

Web links

Switzerland

Individual evidence

  1. ↑ REGULATION (EC) No. 428/2009 on a Community regulation for the control of the export, transfer, brokering and transit of dual-use goods. In: https://eur-lex.europa.eu/ . Council of the European Union, May 5, 2009, accessed on January 4, 2019 .
  2. ^ Alard von Kittlitz: The story of a virus. Beyond Eden . In: faz.net , May 12, 2012, accessed May 16, 2012.