License for brokerage services:
A license is required for the provision of intermediation services of dual-use items included in Annex I to the Regulation, provided that the intermediary has been informed by the MAE through ANCEX that the items in question are or may be intended, in whole or in part, for any of the uses mentioned in Article 4(1) of the Regulation.
If the intermediary is aware that the dual-use items included in Annex I to the Regulation, for which it offers brokerage services, are intended, in whole or in part, for any of the uses mentioned in Article 4 paragraph (1) of the Regulation, it is obliged to notify the MAE through ANCEX, which shall decide on the appropriateness of requiring a license for the brokerage services in question.
The above provisions shall also apply to the situation where the intermediary has grounds to suspect that the dual-use items are or may be intended, in whole or in part, for any of the uses referred to in Article 4(1) of the Regulation.
The validity of the licences for intermediation services is a maximum of one year from the date of issue.
Licence for the provision of technical assistance:
For the provision of technical assistance for dual-use items included in Annex I to the Regulation a license is required, if the technical assistance provider has been informed by the MAE through ANCEX that the items in question are or may be intended, in whole or in part, for any of the uses mentioned in Article 4(1) of the Regulation.
If the supplier is aware that the dual-use items included in Annex I to the Regulation for which he provides technical assistance are intended, in whole or in part, for any of the uses referred to in Article 4(1) of the Regulation, he is obliged to notify MAE through ANCEX, which shall decide whether to require a licence for the technical assistance services in question.
The above provisions shall also apply to the situation where the technical assistance provider has grounds to suspect that the dual-use items are or may be intended, in whole or in part, for any of the uses mentioned in Article 4(1) of the Regulation.
The validity of technical assistance licences shall be valid for a maximum of one year from the date of issue.
Transit licence:
For the transit of non-Union dual-use items included in Annex I to the Regulation, the MAE, through ANCEX, may impose the obligation to obtain a licence, under the conditions specified in Article 7 of the Regulation.
MAE through ANCEX may decide, with the prior opinion of the Inter-institutional Council, to prohibit the transit of non-union dual-use items included in Annex I to the Regulation, if such items are or may be intended, in whole or in part, for the uses mentioned in Article 4 paragraph (1) of the Regulation, based on substantiated information on the end use and end user, which is made available by the institutions carrying out intelligence activities, other national authorities with export control responsibilities or authorities of other countries.
The transit licence is valid for a maximum of 90 days from the date of issue, with the possibility of an extension of up to 30 days in justified cases.
International Import Certificate and Delivery Control Certificate:
MAE through ANCEX issues, upon request, for the import of dual-use items included in Annex I to the Regulation, the international import certificate, the delivery control certificate or other equivalent documents requested by the competent authority of the exporter’s country.
In order to clarify specific issues, the MAE through ANCEX may request supporting documents from the declarant.
The international import certificate is issued by the MAE through ANCEX within 10 working days after receipt of the complete documentation.
The certificate can be used by the authorities of the exporting country in the pre-export procedures for the benefit of the specified person and cannot be transferred to another person.
The issuance of the international import certificate for nuclear dual-use items is conditional upon the applicant’s submission of an import authorisation issued by the National Commission for the Control of Nuclear Activities.
The applicant notifies the MAE through ANCEX of any changes to the data contained in the international import certificate within 10 working days from the date on which the changes occurred.
The international import certificate loses its validity if it is not presented to the competent authority of the exporter’s country within 6 (six) months from the date of issue.
If the import of dual-use items for which the MAE through ANCEX has issued an international import certificate is made through one of the customs offices of the Member States of the European Union, the person to whom the international import certificate has been issued shall notify the MAE through ANCEX of the arrival of those items on the territory of Romania, within 20 working days of the operation.
MAE through ANCEX issues the delivery control certificate within 30 days of receiving the complete documentation.
The applicant notifies MAE through ANCEX of any changes to the data contained in the delivery control certificate within 10 working days from the date on which the changes occurred.
It is important to note that the issuance of the delivery control certificate may be refused or the certificate may be withdrawn if the verifications carried out by MAE through ANCEX are not consistent with the data provided for the issuance of the document.
The conditions for refusal to issue or withdrawal of a delivery control certificate by the MAE through ANCEX shall be laid down in implementing rules.
Important aspects of licensing:
In specific situations, determined by the difficulty of determining the control regime of the operation by the natural or legal person, or at the explicit request of the customs office, as well as in other situations established by the implementing rules, the MAE through ANCEX can provide expert advice.
The consultancy shall be provided by the MAE through ANCEX on the basis of the relevant, complete documentation received from the applicant and taking into account the information available at the time.
The request for consultancy shall be resolved within 30 days from the date of submission of the complete documentation to the MAE through ANCEX and ANCEX’s assessment is valid until new elements arise which may lead to a reassessment.
License holders or beneficiaries are obliged to declare to the MAE through ANCEX any changes or differences from the data entered in the licenses. The declaration of such changes or differences shall be made within 10 working days from the date on which they were noticed and shall be accompanied, if necessary, by a new licence application.
In the relevant commercial documents relating to dual-use items, natural and legal persons are obliged to mention that these items are subject to the dual-use export control regime. In this respect, relevant commercial documents include contracts, invoices, order confirmations and shipping documents.
Licences may only be used by their holders or beneficiaries for the purposes for which they were issued, subject to the conditions laid down therein, and may not be transferred.
MAE, through ANCEX, may ask the license applicant for other supporting documents that it considers necessary in making the decision on the issuance of the license.
The forms for the international import certificate, the delivery control certificate and the request for advice shall be established by the implementing rules of this Emergency Ordinance.
Exporters are obliged to declare and present dual-use items for customs control only at the authorized customs offices.
In the case of export of dual-use items subject to the control procedure under this Emergency Ordinance, the authorised customs offices shall accept the customs export declaration only after verifying the existence of the licence in the electronic eLicensing system.
MAE through ANCEX may request the customs authority to suspend the export procedure for a maximum period of 30 working days or, if necessary, to otherwise prevent dual-use items from leaving the European Union from the territory of the country, in the situations provided for in Article 21(3) of the Regulation.
MAE through ANCEX keeps records of the licences applied for and of the natural and legal persons benefiting from them.
Legal basis:
– Emergency Ordinance 43/2022 on the control regime of operations with dual-use items;
– Regulation 821/20-May-2021 establishing a Union regime for the control of exports, intermediation services, technical assistance, transit and transfer of dual-use items (recast).