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What will the impact of the end of the Brexit transition period be on the export controls applicable to ‘dual-use’ software?
The export of certain categories of software, and particularly encryption software, is controlled by Export Control regulations in the UK and the EU. Breaching export controls is a criminal offence.
The UK left the EU with the benefit of a transition (or ‘implementation’) period under the Withdrawal agreement, meaning EU law continues to apply in and in relation to the UK until the end of the transition period (scheduled to end at 11 pm UK time on 31 December 2020). During the transition period, the UK remains in the EU internal market and the EU export control regime applies as if the UK were still an EU Member State.
After the end of the transition period, the EU Treaties, EU free movement rights and the general principles of EU law (such as the single market and the customs union) will cease to apply in the UK.
For the purposes of EU export controls at the
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