The Dual Use Regulation includes a number of decontrol notes that provide for exemptions from licensing requirements. These decontrol notes generally apply to more widely available products with a commercial use. The most commonly used decontrol note is the Cryptography Note found under Category 5 Part 2 of the control list.
For the last number of years, it has been the practice of this Department to require exporters to make a submission to us confirming their eligibility to avail of an exemption from licensing requirements pursuant to decontrol notes. However, the Department has recently undertaken a major review of our administration of decontrol notes, including surveying the practices of Licensing Authorities in other Member States and reviewing technical advice. Recognising that the exporter is best placed to determine compliance with decontrol notes, and reflecting the practices of other Member States, it is no longer necessary for exporters to apply to this Department for an exemption from licensing requirements pursuant to decontrol notes.
Where you are satisfied that you meet the conditions of a particular decontrol note you can claim an exemption from licensing requirements. It is not necessary to apply to this Department for verification of your eligibility to use the decontrol note or to notify us of your intention to use the decontrol note. This new policy will ensure that exporters can determine their own compliance with decontrol notes and avail of relevant exemptions without awaiting verification of their eligibility to do so.
The Department reserves the right to request details from exporters claiming exemptions from licensing requirements to ascertain their compliance with the relevant decontrol notes where necessary.