Export controls decide whether goods, software and technology may leave a country, and they follow items rather than companies. The EU, the UK, India and the US all maintain lists of controlled dual-use items, plus catch-all rules for unlisted items with a sensitive end use. US rules also reach US-origin items and some foreign-made items abroad, and a release of technology to a foreign national inside the US can itself be an export.
Listed items and catch-all controls
In the EU, exporting a dual-use item listed in Annex I to Regulation (EU) 2021/821 needs an authorisation. Unlisted items also need one if the authority informs the exporter that they may be intended for weapons of mass destruction or for a military end-use in an embargoed country, and an exporter that knows of such a use must notify. Great Britain applies its own Strategic Export Control Lists, while the EU Regulation still applies in Northern Ireland. India requires a DGFT licence for SCOMET items and restricted items.
The EU treats electronic transmission of software or technology outside the customs territory as an export, which catches cloud uploads and remote access as well as physical shipments. Exporters using EU global authorisations must run an internal compliance programme unless the authority waives it.123456
US rules reach beyond US borders
The Export Administration Regulations cover all items in the US, US-origin items wherever located, and certain foreign-made items with controlled US content above de minimis levels or that are direct products of US technology. Whether a licence is needed depends on four questions: what the item is, where it is going, who will receive it and what it will be used for. Items not listed on the Commerce Control List are EAR99, but even these can need a licence for embargoed destinations, restricted parties or prohibited uses.
Releasing controlled technology or source code to a foreign national in the US is a deemed export to that person's country of citizenship or permanent residence, which matters for hiring and for visits by staff from overseas group companies.78910
Gulf controls
In the UAE, imports and exports of chemicals usable in chemical weapons need approval from the Executive Office for Control and Non-Proliferation, and nuclear-related items need approval from the Federal Authority for Nuclear Regulation.11
| Market | Control list | Licensing authority or rule | Source |
|---|---|---|---|
| EU (France, Germany) | Annex I to Regulation (EU) 2021/821 plus catch-all | National authorities; global licences need an ICP | EUR-Lex |
| United Kingdom (Great Britain) | UK Strategic Export Control Lists | Export Control Joint Unit; SIELs and OGELs | GOV.UK |
| India | SCOMET list | DGFT export licence | DGFT |
| United States (federal) | Commerce Control List; EAR99 for unlisted items | BIS; what, where, who and end use | eCFR; BIS |
| United Arab Emirates | Chemical and nuclear-related items | Executive Office for Control and Non-Proliferation; FANR | Abu Dhabi Customs |
Decisions to make
- Has every product, software release and technology package been classified against the relevant control lists?18Listed items need a licence; classification is the first of the four US questions.
- Do our products contain US-origin parts, software or technology?7US rules can follow those items into foreign-made products and re-exports.
- Who in the group can access controlled technology, and from where?510Electronic transmission out of the EU and releases to foreign nationals in the US are both exports.
- Do we screen customers and end uses, even for unlisted goods?29Catch-all rules and EAR99 restrictions apply to unlisted items with sensitive end uses or users.
Documents usually needed
- Classification record for each item (ECCN, Annex I entry or SCOMET category)
- End-user statements and end-use certificates
- Denied-party screening records
- Export licences and records of their use
- Internal compliance programme and training records
Common mistakes
- Assuming commercial goods are never controlled
- Sharing controlled technical data by e-mail or cloud without checking licence needs
- Ignoring US content in products made outside the US
- Using an EU licence for exports from Great Britain, or the reverse
- Screening customers once at onboarding and never again
Questions businesses ask
Is uploading design files to a server abroad an export?
Under the EU Regulation, transmitting software or technology by electronic media to a destination outside the EU is an export. In the US, releasing controlled technology to a foreign national can be a deemed export even inside the country.510
Do EAR99 items need a licence?
Usually not, but BIS warns that even low-technology EAR99 goods may need one for embargoed destinations, restricted end users or prohibited end uses.9
What this guide does not yet confirm
These points need checking with a qualified local professional before you rely on them.
- The September 2025 update of Annex I to the EU Dual-Use Regulation was seen only in secondary commentary; its entry into force date was not confirmed.
- German, French and Singapore national licensing procedures were not compared in this module.
- Saudi and UAE dual-use control lists and licensing procedures could not yet be checked.
- US Commerce Country Chart entries and licence exceptions for specific destinations were not researched.
- Sanctions rules, which overlap with export controls, are outside this module.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
An authorisation is required to export dual-use items listed in Annex I to Regulation (EU) 2021/821. Dual-use items listed in Annex I.
Reused from market guide claim it-trade-003.
Under Article 4 of Regulation (EU) 2021/821, an authorisation is required to export dual-use items not listed in Annex I if the competent authority has informed the exporter that they are or may be intended for uses connected with weapons of mass destruction or for a military end-use in a country subject to an arms embargo. EU-wide. An exporter that is itself aware that unlisted items are intended for such uses must notify the competent authority (Article 4(2)).
A licence is needed to export dual-use items listed on the UK Strategic Export Control Lists from Great Britain; in Northern Ireland the EU Dual-Use Regulation (EU) 2021/821 applies instead. Licences include standard individual export licences and open general licences registered through SPIRE; the Export Control Joint Unit handles strategic export licensing queries. Moving controlled dual-use items from Northern Ireland to the EU or Great Britain needs no licence.
Reused from market guide claim gb-trade-005.
Exports of SCOMET items, and of restricted items, require an export licence issued by the DGFT. SCOMET: special chemicals, organisms, materials, equipment and technologies. Central rule.
The SCOMET list and licensing procedure could not yet be checked. Reused from market guide claim in-trade-g04.
Under Regulation (EU) 2021/821, an export includes the transmission of software or technology by electronic media to a destination outside the EU customs territory. EU-wide. Relevant to cloud uploads, e-mail and remote access to controlled technology.
Exporters using EU global export authorisations for dual-use items must implement an internal compliance programme, unless the competent authority considers it unnecessary. EU-wide. The Regulation provides individual, global, national general and Union general export authorisations (Article 12(1)).
Items subject to the Export Administration Regulations include all items in the United States, all US-origin items wherever located, certain foreign-made items incorporating controlled US-origin content above de minimis levels and certain foreign-produced direct products, and items subject to the EAR but not listed on the Commerce Control List are designated EAR99. Federal, 15 CFR 734.3(a) and (c), administered by the Bureau of Industry and Security. Whether a licence is needed depends on the item's classification, destination, end user and end use. Defence articles under ITAR are outside this claim.
The eCFR is an authoritative but unofficial editorial compilation; the official text is the annual CFR edition and Federal Register. Reused from market guide claim us-trade-g18.
BIS identifies four questions that decide whether an Export Administration Regulations licence is needed: what the item is, where it is going, who will receive it and what it will be used for. Federal. Classification is by Export Control Classification Number on the Commerce Control List (15 CFR 774, Supplement 1); destinations are checked against the Commerce Country Chart and end uses against 15 CFR part 744.
Even low-technology consumer goods designated EAR99 may require a licence when exported to an embargoed country, to a restricted end user or for a prohibited end use. Federal. EAR99 covers items subject to the EAR but not listed on the Commerce Control List.
Releasing controlled technology or source code to a foreign person inside the United States is a deemed export to that person's most recent country of citizenship or permanent residency. Federal, 15 CFR 734.13(a)(2) and (b). Relevant to hiring foreign nationals and to sharing technology with visiting staff of overseas group companies.
The eCFR is an authoritative but unofficial editorial compilation; the official text is the annual CFR edition and Federal Register. Reused from market guide claim us-trade-g19.
Imports and exports of chemicals usable in chemical weapons need approval from the Executive Office for Control and Non-Proliferation, and radioactive materials and nuclear-related items need approval from the Federal Authority for Nuclear Regulation. Federal authorities named on the customs restricted goods list. The strategic goods control law and the UAE Control List could not yet be checked.
Reused from market guide claim ae-trade-g08.
Questions on this topic
11 statements on export controls
