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Introduction
If goods qualify as "dual-use items" or "military goods," their export is not automatically permitted. Customs authorities require exporters to apply for an authorisation in such cases. Exporting these products without prior assessment or an authorisation could have significant consequences. Such actions constitute a criminal offense, potentially resulting in substantial fines, the revocation of customs authorisation and public naming and shaming by the public prosecutor's office.Determining whether an authorisation is required is not always straightforward. For this reason, a classification request can be submitted to the Central Import and Export Office (CDIU). Based on transaction details, the CDIU determines whether an authorisation is necessary. However, even if one is required, it does not guarantee that an authorisation will be granted. To gain more certainty, a "preliminary assessment" (sondage) can be requested. As part of this process, the CDIU evaluates the feasibility of the license application, which includes submitting an End User Statement (EUS).
The most critical factor is that the applicant of the authorisation – typically the exporter – has thorough knowledge of the product, the customer(s), and the destination country. These three elements are essential for determining which type of authorisation is required.