Practice 04
Export Controls & Dual-Use
Controlled goods, software and technology move only within the rules. We classify (ECCN and EU dual-use), assess end-use, and obtain export licences through the ECJU and BIS — before a shipment, not after a problem.
Applicable regime & authority
Primary frameworks: the U.S. Export Administration Regulations administered by BIS, 15 C.F.R. Parts 730-774; the EU dual-use regime; and UK licensing through the Export Control Joint Unit (ECJU).
Analysis
Full analysis is in preparation as part of the matrix build (Phase 2). This hub sets out the regime, the practical route and the FAQ; the detailed sub-topics — by authority, service and sector — link from here as they are published.
Practical steps
A decision-tree walkthrough of what to do, in order, will sit here. In the meantime, the FAQ below answers the questions clients ask first, and the Exposure Check gives a fast orientation.
Risk flags
Watch for secondary-sanctions reach, extraterritoriality across regimes, and fixed regulatory clocks. Where they apply, the time to act is measured in days, not weeks.
When to seek counsel
When a payment is held, a counterparty is newly designated, a deadline is running, or a position has to be defensible to a bank or regulator — a written assessment is the proportionate first step.
Cost & timeline framing
Most matters here start with a fixed-fee written position; larger engagements are scoped with a clear estimate. We do not charge success fees. See how we price.
Related practices
Sanctions Risk & Compliance
When exposure is uncertain, the first job is to see it clearly.
Read more →Related practiceLicensing & Authorizations
Some activity is permitted only with a licence.
Read more →Related practiceDelisting & Designation Challenges
A designation is not always the end of the matter.
Read more →FAQ
Questions clients ask first.
What is an ECCN, and what is EAR99?
An Export Control Classification Number identifies a controlled item on the Commerce Control List; EAR99 is the residual category for items subject to the regulations but not specifically listed. Classification drives whether a licence is needed.
What is a deemed export?
Releasing controlled technology or source code to a foreign national — even within one country — can count as an export to that person’s country. It is a common and easily missed trigger in research and engineering teams.
Do software and technology need licences too?
They can. Controls apply to technology and software, not only hardware, and the end-use and end-user matter as much as the item itself.
When should classification happen?
Before the shipment, the upload or the secondment — not after. Retrospective classification is where most voluntary self-disclosures begin.
Get a written position you can defend.
For exporters, manufacturers and technology companies. A short call, then a fixed-fee written position — response within two hours in business hours.