Do I need an export licence from Austria to sell dual-use sensors to Turkey?
Lawyer Answers
Kule Hukuk Bürosu
Thank you for consulting us regarding your upcoming shipment. Because you are dealing with industrial sensors—which are frequently classified as "dual-use" items (usable for both civilian and military purposes)—this requires careful adherence to EU Regulation 2021/821 and Austrian export laws.
Here is the breakdown of the regulations, risks, and necessary documentation you asked about:
1. Do EU Export Rules Apply?
Yes. Even though Turkey and the EU share a Customs Union, dual-use goods are excluded from the free movement of goods.
If your sensors are listed in Annex I of the EU Dual-Use Regulation, you legally must obtain an export license from the Austrian authority (BMAW) before shipping.
Even if they are not listed, "Catch-All" clauses may apply if there is any suspicion the items are intended for military end-use.
2. What are the Risks of Non-Compliance?
Shipping without the correct license is a serious offense. The risks include:
Customs Seizure: The shipment will be blocked at the Austrian or Turkish border.
Legal Penalties: In Austria, violations of the Foreign Trade Act (Außenwirtschaftsgesetz) can lead to severe fines and even criminal liability (prison sentences) for the managing directors.
Blacklisting: Your company could be placed on a "Denied Parties" list, preventing you from trading internationally in the future.
3. Required Documents
To apply for the license and clear customs safely, you will immediately need:
End-User Certificate (EUC): A formal document signed by the Turkish buyer stating clearly what the sensors will be used for and confirming they will not be diverted to military use.
Technical Data Sheets: To determine the correct Export Control Classification Number (ECCN).
Company Profile: Details on the Turkish buyer to screen against sanctions lists.
Next Steps
Given the complexity of dual-use classification and the severity of the penalties, we need to review the technical specifications of your sensors immediately to determine the correct license path.
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