I exchange technical information by e-mail on a daily basis with a colleague from a non-EU subsidiary of the same industrial company. Are these exchanges subject to the regulation on dual-use items?
Dematerialised exchanges (e.g. by e-mail, telephone, file exchange, etc.) are considered intangible transfers, which are subject to the same controls as those conducted using physical media (USB key, optical disk, paper, and so on). They are subject to technology export controls and therefore require licences issued by the SBDU. Moreover, even though technology carried out during cross-border movements of persons are subject to specific provisions, it is important to bear in mind the need to exercise great caution when travelling for the purposes of attending scientific symposia and seminars. Often, proliferation develops through harmless conversations, through negligence rather than premeditation.
Mis à jour le 22 juin 2021