Navigating Export Controls: Strategic and Dual-Use Products in the UAE
Transport & Insurance Focus
The United Arab Emirates (UAE) has established itself as a global trade hub, leveraging its strategic location and world-class infrastructure.
Law Update: Issue 376 – Transport & Insurance
Sakher AlaqailehSenior Counsel, Transport & Insurance
Bassam Al-AzzehSenior Associate, Transport & Insurance
The United Arab Emirates (UAE) has established itself as a global trade hub, leveraging its strategic location and world-class infrastructure. However, with its successful trade landscape comes the responsibility to regulate the export of strategic and dual-use products (DUPs). The UAE’s export control framework aims to ensure compliance with international standards while safeguarding national security and global non-proliferation efforts.
This article provides analysis of the UAE's export control regulations, with a focus on the classification of DUPs, the roles of regulatory authorities, the procedures for obtaining export permissions, and the legal consequences of non-compliance.
Facial recognition technologies, lasers, and satellite navigation systems are key examples of DUPs. These refer to materials, systems, equipment, components, software, or technologies that can be utilized for both civilian and military applications, including the development of weapons of mass destruction (WMDs).
In the UAE, DUPs are governed by Federal Decree-Law No. (43) of 2021 on Goods Subject to Non-Proliferation (the “Goods Subject to Non-Proliferation Law”). This legal framework establishes comprehensive controls over the trade of DUPS with oversight managed by the Executive Office for Control and Non-Proliferation ("Executive Office"), which operates under the umbrella of the UAE Ministry of Foreign Affairs (MOFA).
The UAE also implements international commitments through Cabinet Resolution No. (50) of 2020, which outlines a detailed List of the DUPs. These products are categorized across 12 sectors, ranging from nuclear materials to aerospace technologies, and align with global regimes such as the Missile Technology Control Regime (MTCR) and the Wassenaar Arrangement (WA).
The List of DUPs is subject to periodic revisions by the Executive Office for Control and Non-Proliferation to stay aligned with evolving international standards. Consequently, importers and exporters are strongly advised to conduct initial assessments with the appropriate authorities to determine if a product falls under restricted classifications.
The list organizes DUPs based on their Export Control Classification Number (“ECCN”) and is divided into 12 distinct categories:
Category 0: Nuclear materials, facilities, and equipment
Category 1: Special materials and related equipment
Category 2: Materials processing
Category 3: Electronics
Category 4: Computers
Category 5: Telecommunications and information security
Category 6: Sensors and lasers
Category 7: Navigation and avionics
Category 8: Marine
Category 9: Aerospace and propulsion
Category 10: Organization for the Prohibition of Chemical Weapons List
Category 11: National Controlled Commodities.
Export control in the UAE is regulated at the federal level by the Executive Office for Control and Non-Proliferation, which oversees the issuance of export control permissions and ensures compliance with both international agreements and UAE laws. To monitor DUPs and enforce compliance effectively, the Executive Office collaborates closely with various federal and local authorities. These include the Security Industry Regulatory Agency (“SIRA”) in Dubai, the Weapons and Hazardous Substances Federal Office, customs authorities across the emirates, and the Central Bank of the UAE. This coordinated approach ensures strong enforcement of export control regulations.
Companies operating within the UAE’s free zones must also adhere to the UAE export control regulations and seek for export control permissions when dealing with DUPs.
Exporting DUPs from the UAE requires prior permission from the Executive Office for Control and Non-Proliferation. Companies must submit detailed applications, including information about exporters, end-users, product specifications, and final destinations. A signal permit application is required for each shipment, as the UAE does not permit blanket authorizations for multiple shipments.
The Executive Office’s review process assesses risk factors, including the nature of the product, the credibility of the exporter and end-user, and the intended end-use. Once granted, the permission is valid for 60 days and is limited to a single shipment. Notably, retroactive export control permissions are not permitted, emphasizing the need for proactive compliance.
Companies operating within the UAE’s free zones must also adhere to the UAE export control regulations and seek for export control permissions when dealing with DUPs. This is in line with article (2) of the Goods Subject to Non-Proliferation Law.
Export Control Classification Numbers (ECCNs) are used to classify DUPs based on factors such as national security, foreign policy, and trade control considerations. They provide detailed technical specifications for items that require export licensing. On the other hand, the Harmonized System Codes (HS Codes) are broader in scope, designed primarily for customs duties and tax purposes, focusing on a product’s physical characteristics and intended use. While ECCNs explore specific technical attributes, HS Codes do not address these finer details.
Physical products classified under an ECCN typically have a corresponding HS Code. For instance, computers designed to operate at ambient temperatures below –45 °C or above 85 °C are classified under ECCN 4A001 and assigned HS Code 84714000. However, technologies like software or technical data classified under an ECCN may not have an HS Code due to their intangible nature. As a result, some DUPs may not be explicitly identified or restricted under the UAE customs classification, underscoring the importance of cross-referencing ECCNs for export compliance.
Non-compliance with UAE export control regulations can result in severe penalties, including fines of up to AED 2,000,000 and imprisonment. Repeat violations may lead to doubled fines, confiscation of goods, and even dissolution of the offending entity. Individuals who voluntarily disclose violations and cooperate with authorities may, under certain circumstances, qualify for reduced penalties as per Article 22 of the Goods Subject to Non-Proliferation Law.
In summary, the UAE's export control framework, governed by Federal Decree-Law No. (43) of 2021, regulates DUPs to ensure compliance with international standards and safeguard national security. The Executive Office for Control and Non-Proliferation oversees this framework, categorizing DUPs into 12 sectors. Exporting DUPs requires prior permission, with detailed applications and a 60-day validity for permissions. Non-compliance can result in severe penalties, including fines up to two million dirhams. Accurate classification using ECCNs and HS Codes is essential for compliance.
For further information,please contact Sakher Alaqaileh and Bassam Alazzeh.
Published in April 2025
