On 5 August 2019, the Commission Recommendation (EU) 2019/1318 of 30 July 2019 on internal compliance programmes for dual-use trade controls under Council Regulation (EC) No 428/2009 has been published on the Official Journal of the European Union (OJ L 205/15 of 5/8/19).
This Commission Recommendation on ICPs, which is not legally binding, provides a framework to help exporters identify, manage and mitigate risks associated with dual-use trade controls and to ensure compliance with the relevant EU and national laws and regulations.
The guidance focuses on the following 7 core elements for an effective ICP, each one detailed in a dedicated section:
The Recommendation includes also a set of questions pertaining to a company’s ICP (contained in Annex I to the Recommendation) and a list of diversion risk indicators and “red flag” signs about suspicious enquiries or orders (contained in Annex II to the Recommendation).