Publication of the EU ICP Guidance for research involving dual-use items

On 23 September 2021, the European Commission has published the Recommendation (EU) 2021/1700 of 15 September 2021 on internal compliance programmes for controls of research involving dual-use items under Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.

Following the entering into force of the new EU Dual-Use Regulation 2021/821 on September 9, and in accordance with its art. 26.1, the Commission has made available a guidance specifically targeted to academia to help research organizations in putting in place or reviewing a set of internal policies and procedures, also known as an Internal Compliance Programme (ICP), in order to comply with export control obligations governing research activities involving dual-use items.

Among other things, the guidance points out some research areas and scenarios that could trigger dual-use export controls. It also offers a list of red flags and several examples of ICP structure in a research organization.

Already in July 2019, the Commission had published another ICP guidance more targeted to industry (Recommendation (EU) 2019/1318 of 30 July 2019 on ICP for dual-use trade controls). These guidances, although not legally binding, they are a useful instrument to comply with the legal obligations under the EU Dual-Use Regulation 2021/821.