Italy

National Competent Authorities

Ministero dell’Economia e delle Finanze – Comitato di Sicurezza Finanziaria (Ministry of Economy and Finance – Financial Security Committee) is the national competent authority for financial sanctions and asset freezes in Italy.

Ministero degli Affari Esteri e della Cooperazione Internazionale – Autorita nazionale – UAMA (Unità per le Autorizzazioni di Materiali d’Armamento) – (Ministry of Foreign Affairs and International Cooperation – Unit for the Authorization of Armament Materials) is responsible for export controls (including dual-use, military and proliferating items and technologies) and sanctions/trade embargos on goods, technologies and services.

Legislation

Legislative Decree no. 109/2007 of 22 June 2007 provides for the measures to prevent, counter and suppress the financing of terrorism and the activities of countries that threaten international peace and security. It establishes the procedures to implement and administer asset freeze measures and provides for fines for the violation of financial sanctions and their circumvention.

Legislative Decree no. 221 of 15 December 2017 outlines the procedures for the granting of authorisations for the export of dual-use items and technologies and the application of sanctions related to trade embargoes, including the trade in goods, technologies and services, as well as for any type of export transactions items that could be used for torture or the death penalty; it also establishes that the violation of any sanction on the transfer of goods, technology or services is a crime punishable with imprisonment and a fine.

Legislative Decree no. 231 of 21 November 2007 implements Directive 2005/60/EC (EU) 2015/849 and (EU) 2018/843, aimed at preventing the use of the financial system for money laundering and terrorism financing.

Law no. 185 of 9 July 1990 establishes provisions on the controls of the movement of military items and technology, the procedures to obtain the necessary authorisations and the penalties for the violation of said provisions. (Unofficial translation of Law 195/1990)

Licensing

Pursuant to Legislative Decree no. 109 of 22 June 2007, license applications concerning restrictive measures of a financial nature, as well as the unfreezing of assets, must be submitted to the Financial Security Committee.

Pursuant to Legislative Decree no. 221 of 15 December 2017, license applications concerning export controls and restrictive measures regarding the trade in goods, technologies and services must be submitted to UAMA.

Export controls

Legislation

National dual-use control list

Law no. 185 of 9 July 1990

Legislative Decree no. 221 of 15 December 2017 provides the framework for adapting Italian law to EU laws and regulations on export controls and sanctions, with a view to reorganising and simplifying the procedures for authorising the exports of dual-use items and technologies and the movement of goods and technologies subject to trade embargoes, or that could be used for torture or the death penalty.

Guidance

Information necessary to obtain export authorizations

UAMA – Restrictive measures currently in force and list of all countries, individuals, groups and bodies on which such restrictions apply

UAMA – Technical Communiqué Concerning the Filing of Applications for Authorisations pursuant to Article 5n (10)(h) of Regulation (EU) 833/2014.

UAMA – Digital System for Export License Applications (E-licensing). Primary Guidelines for Exporters. Technical Communication.

UAMA – Guidelines on the Drafting of End-Use Certificates [EUCs for dual-use items]

UAMA – Circular No. 79932 on National General Export Authorizations of Dual Use Goods and Technologies

UAMA – Directive on Procedures and Terms for the Handling of Classified Armament Material

UAMA – Directive on Procedures Concerning the Performance of Service Related to Armament Material

UAMA – Directive on Global Project Licenses

UAMA – Directive on Transfers of Intangible Materials

Licensing

Pursuant to Law no. 185 of 9 July 1990, license applications concerning the trade and movement of military goods must be submitted to UAMA.

 

Judgments

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