Luxembourg

Luxembourg has a highly developed and service-oriented economy, with a strong focus on financial services, information technology, and logistics. The country is a global financial centre, home to numerous international banks and investment funds. Luxembourg's favourable tax regime and business-friendly environment attract foreign investment and facilitate cross-border trade.

The information technology sector has experienced rapid growth, while the logistics industry benefits from the country's central location within Europe. Luxembourg's high standard of living and skilled workforce contribute to its economic prosperity.

Importing dual-use goods into a European Union (EU) destination such as Luxembourg requires compliance with a range of regulations and controls. Dual-use goods are products, software, or technology that can be used for both civilian and military purposes.

Here is a general guide to importing dual-use goods into an EU country:

EU to EU Member State Movement

The European Union is a Customs Union allowing a single market. This allows free-trade movement throughout the 27 member states without the need for any customs processes or customs duty payments for goods being imported. For clarity, the UK is no longer part of this Union.

Third Country (e.g. outside of the EU) to EU Imports

1. The first step is to determine if the goods you intend to import are controlled under EU dual-use regulations. You can use the EU’s Dual-Use Export Control List (ECL) to identify if your product is included. Dual use goods are defined by the Wassenaar Agreement.
2. The second step is to ensure you have a European Union Economic Operators Registration and Identification number also known as an “EORI”; only businesses that have a registered business and location address within the European Union Member states can obtain an EORI. The EORI number can be used to import goods into any EU Customs Union country, for example if you have a Spanish business and you wish to import goods from a third country like the USA into the Netherlands, you can use your Spanish business and EORI to act as importer of record. The receiving country’s import VAT would have to be paid.
3. The third step is to ensure compliance with customs regulations: when importing goods into the EU, you must also comply with all customs regulations, which includes providing the necessary documentation and paying any applicable taxes or duties.  A Commercial Invoice, Packing List and Datasheets are required as a minimum. Some countries may require further information and copies of documents for the Country of Origin (COO) and Certificates of Conformity (CoC) for some goods.  

Consider the end-use and end-user: When importing dual-use goods, you must consider the end-use and end-user of the product. If you have reason to believe that the product may be used for illegal or unauthorised purposes, you should not proceed with the import.

Exports to the EU

Whilst this guide is mostly focused on importing into the European Union for a third country, it is important to be aware that for export you may need to obtain the necessary permits: If the goods are controlled, you will need to apply for the necessary permits and licences. The type of permit required will depend on the product and the destination country. You may need to apply for an export licence from the authorities in your home country and an import licence from the authorities in the destination country.

Many people think that because import licences are not required for the import of dual-use goods, it automatically means that export licences aren’t required – this can be a costly assumption when they get caught out.

It is important to note that the above steps are general guidelines, and the specific requirements for importing dual-use goods into the EU may vary, depending on the product and the destination country. It’s essential to consult with a qualified legal or compliance team such as Mouse & Bear Solutions to ensure that you comply with all applicable regulations and controls.

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