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23 September 2021

New Regulation on Export of EU Dual-Use Products Enters into Force

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In May 2021, the European Commission proposed a recast on the legal framework for export control on dual-use products (Dual-Use Regulation No 428/2009) in order to secure clarity, effectiveness and efficiency. The new EU Dual-Use Regulation (No 2021/812) entered into force on 9 September 2021 (the “Regulation”).

The Regulation governs the EU’s export control, and with the recast it has been modernised to include sensitive dual-use products in the category of software and technology, among other things.

The Regulation and the modernising of the definition of a dual-use product will have a direct impact on the Danish Foreign Direct Investment scheme which came into force on 1 July 2021. In the event that a target company (the company being acquired) exports, produces, or otherwise provides services related to dual-use products, the acquisition will require a clearance from the Danish Business Authority if the acquirer is a foreign investor.

In the following, some of the material changes in the Regulation will be described.

Pernille Nørkær

Partner

+45 30 37 96 40

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Jeanette Kjeldgaard Rasmussen

Associate

+45 30 37 96 44

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