The Dual-use Export Control Policy Review: Balancing Security, Trade and Academic Freedom in a Changing World

The 2009 European Union (EU) Dual-use Regulation, which provides a common legal basis for dual-use export controls across the EU, is currently undergoing a detailed review. Concrete proposals on how it could be modified are due to be produced by the European Commission in the first half of 2016. These will then be discussed with the EU Council and the European Parliament before adoption.

This paper aims to inform the ongoing process by providing a detailed analysis of the review options currently being discussed and the key considerations that will need to be addressed. In particular, it details the range of generic and EU-specific challenges that confront the implementation of dual-use export controls. It also lays out concrete options for how the EU could address these challenges while strengthening the Dual-use Regulation in ways that promote both security and human rights, without generating unnecessary regulatory burden.