European UnionRegulation (EU) 2021/821 Article 4
Officially Military end-use catch-all (Article 4)
Regulation (EU) 2021/821, Art. 4
In force since .
An end user controls rule binding private bodies.
- Obligation class
- Licensing, Reporting
As of .
What it requires
- Obtain an authorization before you export software not listed in Annex I if the competent authority has informed you that it is or may be intended wholly or partly for a weapons of mass destruction use or for a military end-use in a country under an arms embargo (Regulation (EU) 2021/821 Art. 4(1)).
- Notify the competent authority if you are aware that software you propose to export, not listed in Annex I, is intended for any of those uses; the authority decides whether an authorization is required (Art. 4(2)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Each Member State, which takes the measures that ensure proper enforcement and lays down the penalties applicable to infringements (Article 25(1)).
What this law does
Article 4(1) requires an authorization to export a dual-use item that is not listed in Annex I when the competent authority has informed the exporter that the item is or may be intended, wholly or partly, for a weapons of mass destruction use, for a military end-use where the purchasing country or country of destination is subject to an arms embargo, or as parts of military items exported without authorization.
Under Article 4(2), an exporter who is aware of such an intended use must notify the competent authority, which decides whether to require an authorization. Each Member State lays down the penalties for infringement under Article 25(1).
When LexLint raises it
When your app profile says your app ships encryption, distributes a software product or ships a mobile app.