EU Export Controls

January 11th, 2023 – The European Commission published its annual update to the EU dual-use export control list. This update brings Annex 1 of the EU Dual-Use Regulation (Regulation 2021/821) into conformity with decisions taken under international non-proliferation regimes and export control arrangements through December 2021. Although the update removes numerous items from Annex 1 and includes a large number of editorial changes, the substantive provisions incorporate the following:  

1. New entries in the field of electronics, semiconductors, and computers such as Electronic Computer-Aided Design (ECAD) used in the design process of Gate-All-Around Field-Effect Transistor (GAAFET), certain frequency synthesizers and signal generators, gallium oxide and diamond as new semiconductor materials, as well as their related technology.  
2. Adaptations to existing controls on computers to accommodate technological evolution. More specifically, the update establishes 70 TeraFLOPS as the new threshold.  
3. Software specially designed for nucleic acid assemblers and synthesizers used in the chemical and biological manufacturing sectors.
4. Adding sub-orbital crafts and technologies used to manufacture gas turbines (e.g., pressure gain combustion).
5. A modification on additive manufacturing equipment designed for “superalloys.”

Finally, the updated control list also adds technical notes, including EU-wide definitions for “resolution,” “superalloys,” and “direct-acting hydraulic pressing.”  It also adds a new nota bene regarding gas turbine engines and a definition of GAAFET.

CSEU encourages any U.S. company potentially affected by the update to review the document in its entirety: The 2022 European Commission Export Control Update.

U.S. companies should contact Commercial Specialist Matthew Kopetski at matthew.kopetski@trade.gov if they require further information.