New Italian rules for dual-use export control and sanctions

On 15 September 2017, the Italian Council of Ministers approved a first draft legislative decree adapting national legislation to EU rules concerning export of dual use items, trade of goods that can be used for torture and restrictive measures against third countries. The draft legislation is currently under review by the competent parliamentary committees and is available at the following link: https://goo.gl/JRy1xT
Amongst other things, the draft legislative decree provides for:

  • the creation of the so-called ‘Zero License’, based on the German experience in export control. The Zero License is a document that the Ministry of Economic Development will issue upon request of an exporter that wants to know whether an item that might fall within dual use categories is or is not subject to a prior authorization;
  • detailed national rules concerning the control of transit of dual-use items, as established by Council Regulation (EC) No 428/2009;
  • a consistent set of penalties (either pecuniary or non-pecuniary) applicable to infringements of the provisions both of Regulation (EC) no. 428/2009 and of the EU regulations concerning restrictive measures against third countries.