Dual-Use Items: Latent Threat or Innocent Items?

Dual-use items, as simply put by the European Commission, are goods, software and technology that can be used for both civilian and military purposes. While this definition seems self-explanatory at first sight, it is not easy to conceive how the microwave technology in our kitchens that we utilize to heat our mid-night snacks can also be used to create high-powered microwave weapons that are capable of invisible strikes and of fighting combat drones.

Considering today’s tense political climate and the recent international conflicts we have witnessed; it is evident that we cannot afford to leave dual-use goods or technology unregulated and without control. Therefore, in addition to state monitoring on developing technologies, export control over these items is crucial.

International Policies and Practices

The technological developments in the last decade are fast-forward and require even closer monitoring. However, the initiatives to regulate the use and the transfer of weapons and dual-use items date way back. Namely, the 1925 Geneva Protocol prohibiting the use of chemical and biological weapons in war, the Australia Group whose foundations were laid in 1985 and is an initiative bringing various countries together to explore how the export of chemical weapons could be controlled, and last but not least, the 1996 Wassenaar Arrangement that seeks to promote transparent and responsible circulation of weapons as well as dual-use items and technologies around the world.

The Wassenaar Arrangement sets out a multilateral export control regime and it currently consists of 42 participating states, including Turkey which was among the founding members. Under this arrangement, the participating states jointly agree on which weapons, technologies or goods are to be included in the Wassenaar Arrangement’s lists of munitions and dual-use goods and technologies and then, impose export controls over such items at the national level.

A well-established export licensing system is crucial to ensure the international harmonization of the export controls over these items. The Wassenaar Arrangement guidelines suggest participating countries to take into consideration while granting export licences, “the policies of destination country, the security situation in region, the credentials of the end users as well as the specified end-use”. However, the monitoring of the dual-use items and technologies must start at an earlier stage, and this could only be achieved if emerging technologies are closely watched.

Therefore, Nation States must also cooperate among themselves, stay ahead of scientific and academic developments, and leverage the expertise of specialists to educate the public authorities as well as the private sector entities. As such, even if it is not possible to completely eradicate the misuse of technology; the industry, the governments and the civil society at large would be informed that they must be proactive in mitigating the risks of unintended consequences, such as dual-use goods and technologies falling into wrong hands. For instance, when the Russian weapons and military ammunitions collected from the battlefields in Ukraine were examined, it was discovered that various items of Western technology, such as semiconductor technologies that we can find even in our mobile phones and everyday home appliances or microchips used in radios, were repurposed to be used as weapons, missiles, or other sophisticated armoury technologies. This is concerning because it occurs despite the strict European Union (EU) and the Office of Foreign Assets Control (OFAC) sanctions, and stems from the transfer of goods that seem innocent at first sight but pose a latent threat when in wrong hands. Considering the dual-use potential of these goods and technologies, implementing a catch-all policy or control mechanism is neither realistic nor feasible. However, as we suggested earlier, if Nation States become more vigilant even before these goods reach the export stage, and if they are able to ask the right questions when granting export licenses as to the production, origin, destination and intended and potential use of these products and technologies, they can prevent the transfer of these items via convoluted trade routes.

Turkey's Stance on Dual-Use Items: Policies and Perspectives

As one of the founding members of the Wassenaar Arrangement, Turkey participates in all export control regimes regulating the transfer of conventional weapons and dual-use items and technologies as well as actively incorporating the export control lists into its domestic law, as updated time to time. While the control over the export of weapons is exercised by the Ministry of Foreign Affairs and the Ministry of National Defence; the dual-use items and technologies are closely monitored by the Ministry of Trade and the Ministry of Agriculture and Forestry.

In the USA, the EU, and other major developed economies, public institutions, private sector players and exporters demonstrate a significant level of awareness regarding export controls. Our goal, as legal practitioners, is to similarly bolster this awareness within Turkey and educate the public at large about the grave risks associated with these items ending up in the wrong hands.

There are numerous penalty mechanisms in place under the specific regulations stipulated by Turkish law for exporting products without adhering to the regulations. For instance, in addition to the administrative fines outlined in Article 235 of the Customs Law , violating Law No. 5201 could lead to a prison sentence ranging from 1 to 5 years . Furthermore, as per the Article 174 of the Turkish Penal Code, exporting dangerous substances without obtaining permission from the relevant authority may result in a prison term ranging from 4 to 8 years .

Moreover, when engaging in export activities, it is crucial to comply with international sanctions laws that apply depending on various factors including the destination country, the nature of the goods and the currency involved. For instance, if the OFAC issues an adverse determination, additional sanctions may be enforced under US laws. It is equally important to comply with the sanction laws of the EU, UK, and other pertinent governments.

Violation of these sanctions would tarnish both the country's credibility and trustworthiness, as well as the commercial reputation of private sector players. Thus, companies based in Turkey must exercise caution to ensure compliance with both local and international laws and regulations.

Final Remarks

Overall, there is a fine line between the sharing of innovation, technology, and scientific advancements, and unleashing an uncontrollable proliferation of sensitive knowledge into the wrong hands. The only way to achieve a satisfactory outcome in terms of promoting transparent and responsible transfer of these goods and technologies is through introducing effective control and early monitoring mechanisms as well as international cooperation that must be consolidated by a meticulous process management and more importantly, by the implementation of sanctions and legal requirements that will have objective deterrent effects.

Finally, with regards to Turkey, while there exists an established legal framework and deterrent punitive mechanisms, achieving complete adherence to international laws and regulations remains an ongoing process. Merely enacting laws is not sufficient, and it must be consolidated by policymaking, administrative oversight, and notably, effective and transparent communication with both the public and the businesses regarding the content of the pertinent legislation in Turkey and abroad. A comprehensive understanding of companies of these legal regulations and their implications, will enhance compliance efforts in Turkey as well.


Aslı Kınsız, Senior Associate
Selen Akgün, Associate