Kosovo National Control Lists
Kosovo has two National Control Lists: the Military List and the List of Dual-Use Items and Technology. Both are based on the control lists of the European Union.
The Military List consists of 22 “ML” categories. It applies to items that are specially designed, developed, assembled, manufactured, adapted, configured, or modified for a military application. It includes entire products as well as specially designed assemblies, accessories, attachments, associated equipment, parts, components, technology, and software. These items are controlled as military items even when they are used in purely civilian applications.
The List of Dual-Use Items and Technology contains items that are designed for a commercial use but also can be used for military applications. Many dual-use items have a performance that is equal to or better than the military equivalent, which is why they are controlled. The Dual-Use List consists of 10 categories of items.
The Dual-Use List uses a five-character numbering system to identify controlled items.
The first character indicates the category (type) of controlled item:
- Nuclear Materials, Facilities and Equipment
- Special Materials and Related Equipment
- Materials Processing
- Electronics
- Computers
- Telecommunications (Part 1) and Information Security (Part 2)
- Sensors and Lasers
- Navigation and Avionics
- Marine
- Aerospace and Propulsion
The second character identifies the sub-category:
- Systems, Equipment and Components
- Test, Inspection and Production Equipment
- Materials
- Software
- Technology
The third character indicates the multilateral export control regime from which the control originates:
- Wassenaar Arrangement
- Missile Technology Control Regime
- Nuclear Suppliers Group
- Australia Group
- Chemical Weapons Convention
- Not used
- Not used
- Not used
- Not used
- Reserved for national controls
The last two digits indicate the item controlled.
Control List Language
The National Control Lists use certain terms and language that have specific meanings. It is necessary to understand how the entries are put together and the use of language in order to understand the full scope of each control. Examples of terms and language are:
- Specially designed: The item was designed solely for a specific purpose (generally used for items ‘specially designed’ for military use)
- Modified for military use: Requires one or more components specially designed for military use to be added to an item
- Designed for: The item was originally used for a particular application, but it may have other applications as well
- As follows: Precedes specific items included in the control
- All: When used in a heading, this means that all parameters must be met
- Or: If any of the control parameters are met, the item is controlled
There are three types of “notes” in the lists:
- Note: Generally used to clarify an item’s control status and, in most cases, to remove an item from control
- Technical Note: Used to expand on the meaning of a control and often to explain terms in a control entry
- N.B.: Used as a “signpost” to direct the user to a different area of the control list
Commodity Classification
Commodity classification is the process of categorizing an item to determine if it is included in the National Control Lists. It is strictly a technical decision about a product or service. An item’s destination or end-use does not determine whether the item appears on the National Control Lists.
Who Is Responsible for Commodity Classification?
In Kosovo, industry is responsible for correctly classifying an item. Before applying for a license, you should make an attempt to classify the commodity. However, if you are unsure whether a product requires a license, licensing officers in the Ministry of Trade and Industry are available to help with classification.
The Ministry of Trade and Industry will make the final decision on correct commodity classification.
What Is the Process to Follow?
The first step is to identify whether the items should be assessed against the Military List or the Dual-Use List. The decision is generally based on what the goods were originally designed for or what they have been modified for.
To make a determination about the original design of the item, you need information on the origin and history of the commodity:
- For what purpose was the item created?
- Who funded the development of the item and under what project?
- How was the item originally used?
- Has it been designed or modified specifically for military use?
- Has it changed over time?
- What are the special characteristics of the item? Does it confirm to military standards?
Necessary information for commodity classification includes the original design purpose, brochures and data sheets, the type and function of the item, and the item’s technical parameters.
If the product literature does not contain enough technical information to classify the item correctly, you should consider doing the following:
- Work from information in the product literature and perform calculations to generate the technical specifications you need
- Speak to an experienced subject-matter expert who may know more about the item
- Call the manufacturer to get the information
- Contact the Department for Control of Trade in Strategic Goods
Once you have decided that an item is classified within a certain product group, you must decide which entry within the product group covers the item by following these guidelines:
- Begin by reading the heading for each entry
- Select one or more headings that most closely describe your item
- Using the available product information, choose the most appropriate entry for the item