European UnionEU001
Officially Union General Export Authorisation EU001 (exports to Australia, Canada, Iceland, Japan, New Zealand, Norway, Switzerland, the United Kingdom and the United States)
Regulation (EU) 2021/821, Annex II, Section A (EU001)
In force since .
An encryption items rule binding private bodies.
- Obligation class
- Licensing, Reporting
As of .
What it requires
- When you export encryption software to Australia, Canada, Iceland, Japan, New Zealand, Norway, Switzerland, the United Kingdom or the United States under Union General Export Authorisation EU001, declare that use in the customs declaration (Regulation (EU) 2021/821 Annex II, Section A, Part 3).
- Notify the competent authority of the Member State where you are resident or established of your first use of EU001 within 30 days of the first export, or before first use if the authority requires it (Annex II, Section A, Part 3).
- Do not use EU001 for an item you have been informed or know is intended for a weapons of mass destruction use or a military end use in an embargoed country (Annex II, Section A, Part 3).
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
Union General Export Authorisation EU001 covers every dual-use item in any entry of Annex I except those listed in Section I of Annex II, so Category 5 Part 2 encryption software falls within it (Section I reaches that Part only through the cryptanalysis items it takes from Annex IV), for exports to Australia, Canada, Iceland, Japan, New Zealand, Norway, Switzerland including Liechtenstein, the United Kingdom and the United States.
The exporter declares the use of EU001 in the customs declaration and notifies the competent authority of the first use within 30 days of the first export or, where the authority so requires, before it. EU001 does not authorize an export the exporter has been informed or is aware is intended for a weapons of mass destruction use or a military end use in an embargoed country.
Export to any other destination needs another authorization, and Annex II Section H, Union General Export Authorisation EU008, covers certain Category 5 Part 2 items to other destinations under conditions that include a requirement that the items' cryptographic functionality cannot easily be changed by the user. 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.