- List
- Wassenaar Arrangement – List of Dual-Use Goods and Technologies – WA-LIST (25) 1
Intangible Transfers* of Software and Technology (WA-GWG (01) DE 7 Version 2.0)
Participating States recognise that it is important to have comprehensive controls on listed "software" and "technology", including controls on intangible transfers. National export control legislation should therefore permit controls on transfers of listed "software" and "technology" irrespective of the way in which the transfer takes place.** Participating States also recognise that it is important to continue the mutual exchange within the Wassenaar Arrangement on the experiences gained concerning the implementation and enforcement of these national provisions on the control of intangible transfers. New developments should thus be taken into account in order to meet all risks connected with this issue.
* "Transfers" in this context is understood in the sense of the Initial Elements. The term covers exports from one country to another.
** "irrespective of the way in which the transfer takes place" means, at a minimum:
- tangible transfers
- intangible transfers via transmission of listed software and technology by electronic media, fax or telephone.
Statement of Understanding
Wassenaar Arrangement Participating States agree that lists headed by including, includes, such as or e.g. are illustrative and only intended to provide examples.
MUNITIONS LIST
ML 8
Statement of Understanding
It is understood that specially formulated pharmaceutical products containing ML8. materials are not controlled.
ML 10 (NF (95) WG2/2)
Absence of items from the Munitions List and absence of configuration for military use would mean that an aircraft would not be considered military.
DUAL-USE LIST OF GOODS AND TECHNOLOGIES
General Technology Note (NF (95) CA WP 1)
Governments agree that the transfer of "technology" according to the General Technology Note, for "production" or "development" of items on this list shall be treated with vigilance in accordance with national policies and the aims of this regime.
General Technology Note (WG2 GTN TWG/WP1 Revised 2)
It is understood that Member Governments are expected to exercise controls on intangible "technology" as far as the scope of their legislation will allow.
General Software Note (NF (95) CA WP 1)
Governments agree that the transfer of "software", for "production" or "development" of items on this list shall be treated with vigilance in accordance with national policies and the aims of this regime.
Statement of Understanding – Source Code
Taking into account national practices and legislation, Participating States agree that "source code" items are controlled either by "software" or by "software" and "technology" controls, except when such "source code" items are explicitly decontrolled.
Statement of Understanding - medical equipment (NF (96) DG PL/WP1)
Participating countries agree that equipment specially designed for medical end-use that incorporates an item controlled in the Dual-Use List is not controlled.
Statement of Understanding – Used goods
The specifications in the Dual-Use List apply equally to new or used goods. In the case of used goods, an evaluation by the national authority may be carried out in order to assess whether the goods are capable of meeting the relevant specifications.
Category 4
4.E.1.
Statement of Understanding
Participating States understand that Note 2 to 4.E.1. is included to confirm that Note 1 does not limit national authorities' rights, given the end-use nature of Note 1.
Category 5 – Part 2
Note 3 – Cryptography Note
Statement of Understanding
Wassenaar Arrangement Participating States agree that the Note to the Cryptography Note, approved by the December 2012 Plenary, does not change the scope of the Cryptography Note and is not intended to change national practices.
5.A.2.a.
Statement of Understanding
Participating States recognise that an item may have multiple primary functions. If any of those primary functions are "information security", digital communication, networking, computing, information storage or processing, the item should be considered against 5.A.2.a., even if it also has other primary functions.
Category 9
9.E.2.
Statement of Understanding
"Development" or "production" "technology" controlled by 9.E. for gas turbine engines remains controlled when used as "use" "technology" for repair, rebuild and overhaul. Excluded from control are: technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable line replaceable units, including replacement of whole engines or engine modules.
9.E.3.a.2.e.
Validity Note The control text contained in 9.E.3.a.2.e. is valid until 31 December 2027 and its renewal will require unanimous consent.
DEFINITION OF TERMS USED IN THESE LISTS
Statement of Understanding
Participating States note that, in these Lists, words and terms appearing under 'Definitions of Terms used in these Lists', if used in their undefined forms, take their common or dictionary meanings. Governments are expected to preserve these distinctions, as far as national languages and legislation allow, when the Lists are translated into national legislation.
(See also Note 2 to 'Definitions of Terms used in these Lists').
N.B. The references in this section refer to the List of Dual-Use Goods and Technologies and the Munitions List approved by the Plenary in December 2022.
Participating States recognise that it is important to have comprehensive controls on listed "software" and "technology", including controls on intangible transfers. National export control legislation should therefore permit controls on transfers of listed "software" and "technology" irrespective of the way in which the transfer takes place.** Participating States also recognise that it is important to continue the mutual exchange within the Wassenaar Arrangement on the experiences gained concerning the implementation and enforcement of these national provisions on the control of intangible transfers. New developments should thus be taken into account in order to meet all risks connected with this issue.
* "Transfers" in this context is understood in the sense of the Initial Elements. The term covers exports from one country to another.
** "irrespective of the way in which the transfer takes place" means, at a minimum:
- tangible transfers
- intangible transfers via transmission of listed software and technology by electronic media, fax or telephone.
Statement of Understanding
Wassenaar Arrangement Participating States agree that lists headed by including, includes, such as or e.g. are illustrative and only intended to provide examples.
MUNITIONS LIST
ML 8
Statement of Understanding
It is understood that specially formulated pharmaceutical products containing ML8. materials are not controlled.
ML 10 (NF (95) WG2/2)
Absence of items from the Munitions List and absence of configuration for military use would mean that an aircraft would not be considered military.
DUAL-USE LIST OF GOODS AND TECHNOLOGIES
General Technology Note (NF (95) CA WP 1)
Governments agree that the transfer of "technology" according to the General Technology Note, for "production" or "development" of items on this list shall be treated with vigilance in accordance with national policies and the aims of this regime.
General Technology Note (WG2 GTN TWG/WP1 Revised 2)
It is understood that Member Governments are expected to exercise controls on intangible "technology" as far as the scope of their legislation will allow.
General Software Note (NF (95) CA WP 1)
Governments agree that the transfer of "software", for "production" or "development" of items on this list shall be treated with vigilance in accordance with national policies and the aims of this regime.
Statement of Understanding – Source Code
Taking into account national practices and legislation, Participating States agree that "source code" items are controlled either by "software" or by "software" and "technology" controls, except when such "source code" items are explicitly decontrolled.
Statement of Understanding - medical equipment (NF (96) DG PL/WP1)
Participating countries agree that equipment specially designed for medical end-use that incorporates an item controlled in the Dual-Use List is not controlled.
Statement of Understanding – Used goods
The specifications in the Dual-Use List apply equally to new or used goods. In the case of used goods, an evaluation by the national authority may be carried out in order to assess whether the goods are capable of meeting the relevant specifications.
Category 4
4.E.1.
Statement of Understanding
Participating States understand that Note 2 to 4.E.1. is included to confirm that Note 1 does not limit national authorities' rights, given the end-use nature of Note 1.
Category 5 – Part 2
Note 3 – Cryptography Note
Statement of Understanding
Wassenaar Arrangement Participating States agree that the Note to the Cryptography Note, approved by the December 2012 Plenary, does not change the scope of the Cryptography Note and is not intended to change national practices.
5.A.2.a.
Statement of Understanding
Participating States recognise that an item may have multiple primary functions. If any of those primary functions are "information security", digital communication, networking, computing, information storage or processing, the item should be considered against 5.A.2.a., even if it also has other primary functions.
Category 9
9.E.2.
Statement of Understanding
"Development" or "production" "technology" controlled by 9.E. for gas turbine engines remains controlled when used as "use" "technology" for repair, rebuild and overhaul. Excluded from control are: technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable line replaceable units, including replacement of whole engines or engine modules.
9.E.3.a.2.e.
Validity Note The control text contained in 9.E.3.a.2.e. is valid until 31 December 2027 and its renewal will require unanimous consent.
DEFINITION OF TERMS USED IN THESE LISTS
Statement of Understanding
Participating States note that, in these Lists, words and terms appearing under 'Definitions of Terms used in these Lists', if used in their undefined forms, take their common or dictionary meanings. Governments are expected to preserve these distinctions, as far as national languages and legislation allow, when the Lists are translated into national legislation.
(See also Note 2 to 'Definitions of Terms used in these Lists').
N.B. The references in this section refer to the List of Dual-Use Goods and Technologies and the Munitions List approved by the Plenary in December 2022.