Do I need an export licence from Austria to ship dual-use lab equipment to Turkey?

Hello,

The export of lab equipment from Austria to Turkey is governed by the EU Dual-Use Regulation and the Austrian Foreign Trade Act (AußWG).
Whether your shipment requires a license depends on the technical specifications of the goods and the intended end-use.
You must verify if your products meet the thresholds in the EU control lists or if a "Catch-all" clause applies (which basically subjects goods to export controls if there is any suspicion of end-use related to weapons or military purposes).
If the goods are controlled, a specific license from the Federal Ministry of Labour and Economy (or BMAW, according to its German abbreviation) is mandatory.
Regarding your shipment, you must provide the customs authorities and your freight forwarder with an accurate Electronic Export Declaration (e-Zoll). This includes specific coding to indicate the status of the goods.
You will also need to provide a Commercial Invoice clearly stating the relevant dual-use list position (classification number) and a signed End-Use Certificate (EUC) from your customer to confirm the civil nature of the equipment's use.
To mitigate legal risks, Austrian law provides specific instruments to confirm the regulatory status of your transaction:
- Confirmation of Classification (BdG): You can request the BMAW to formally confirm your own technical classification based on data sheets, provided the goods show a proximity to the control lists and it is not a one-time transaction.
- Preliminary Inquiry ("Voranfrage" in German): This provides a legally binding assessment of whether a future project would be grantable (this instrument is probably not relevant in your case).
- Non-Licensability Certificate ("Feststellungsbescheid" in German): If an application reveals that no license is required, the BMAW can issue a formal decree confirming this for the specific transaction, provided you demonstrate a legal interest in such a determination.
As the exporter, you bear full responsibility for correct classification and customs coding. Failure to comply can lead to severe penalties.
Please note that the summary above is for informational purposes and does not constitute a formal legal assessment of your situation. We recommend a professional review of your technical data and the recipient's profile to determine which procedural instruments are most appropriate for your case.