Transit, Brokering, and Technical Assistance for Dual-Use Items
The transit, brokering, and provision of technical assistance in relation to dual-use items are generally not subject to authorisation requirements. However, notification obligations do apply, which are similar to those for the export of non-listed dual-use items under the "catch-all" provision. In justified individual cases, the competent authority may impose an authorisation requirement for these activities.
Advice
Transit
Transit refers to the movement of non-Union goods from a non-EU country into and through the customs territory of the Union (including Austria) to a destination outside the customs territory of the Union.
The Ministry of Economy, Energy and Tourism may impose an authorisation requirement for the transit of dual-use items on a case-by-case basis under the conditions set out in Article 7 of the Dual-Use Regulation.
Tip
Brokering
Brokering refers to the negotiation or arrangement of a transaction involving the purchase or sale of items from a non-EU country to another non-EU country.
Please note that brokering activities related to dual-use items must be reported to the Ministry of Economy, Energy and Tourism in the following cases:
- If it is known or there is reasonable suspicion that the items are or may be intended, in whole or in part, for one of the end-uses specified in Article 4(1)(a) of Regulation (EU) 2021/821 (§ 5(3)(1) of the Austrian Foreign Trade Regulation 2011).
- If it is known that the items are, in whole or in part, intended for one of the end-uses specified in Article 4(1)(b) or (c) of Regulation (EU) 2021/821 (§ 5(3)(2) of the Austrian Foreign Trade Regulation 2011).
This also applies to dual-use items that are not listed in Annex I of the Dual-Use Regulation.
Caution
Technical assistance
Technical assistance refers to any technical support related to repair, development, production, assembly, testing, maintenance, or any other technical service.
Technical assistance related to dual-use items listed in Annex I of the Dual-Use Regulation is subject to a notification requirement under Article 8 of the Dual-Use Regulation, provided the conditions described above are met.