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EU DUAL-USE EXPORT CONTROLS (Brief outline)

Seminar on Strengthening the Global Disarmament and Non-Proliferation Bali, 2 November 2006 Richard Ekwall Director, Department for Disarmament and Non-proliferation Ministry for Foreign Affairs , Sweden Export Controls in the European Union relating to dual-use goods.

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EU DUAL-USE EXPORT CONTROLS (Brief outline)

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  1. Seminar on Strengthening the Global Disarmament and Non-ProliferationBali, 2 November 2006Richard EkwallDirector, Department for Disarmament and Non-proliferationMinistry for Foreign Affairs, SwedenExport Controls in the European Union relating to dual-use goods

  2. EU DUAL-USE EXPORT CONTROLS(Brief outline) EU 25 Member States Single market Free movement of goods Every EU Member State potential supplier of sensitive goods

  3. Full compliance with: • International non-proliferation obligations (NPT, BTWC, CWC) • United Nations Security Council Resolution 1540 (2004)

  4. Hence, importance of strict and effective national export controls • Export controls national responsibility • However, harmonisation of EU Member States’ export controls essential

  5. Distinction in the EU: transfers/exports • Transfers: movement of goods inside the Community (no licenses required except for certain categories of sensitive goods described in Annex IV to Council Regulation 1334/2000) • Exports: movement of goods to a third country outside of the Community (controlled goods subject to export authorisation)

  6. A Community System of Export Controls • Council Regulation (EC) 1334/2000 • Legally binding, directly applicable in EU Member States • Implementation at national level

  7. Provisions regarding the implementation of export controls • Lists of products under export control (Annex I and IV) • National legislation complementary: e.g. penalties in case of non-compliance with Regulation 1334/2000

  8. EU product list covers the same items as the product lists of the multilateral export control regimes and the CWC • Nuclear Suppliers Group (NSG), Australia Group (AG), Missile Technology Control Regime (MTCR), Wassenaar Arrangement (WA) • EU list updated on an annual basis

  9. EU Export Controls cover: • physical goods, and • software and technology transmitted by electronic media, fax or telephone

  10. Granting of an export license • The authorisation of an export shall be granted by the competent authorities of the Member State where the exporter is established • An authorisation is valid throughout the Community

  11. Export licences • Community general export authorisation (Destinations in Annex II) • Individual authorisation (specific exporter/specific amounts of a specific product/specific end-user) • Global authorisation (specific exporter/specific type or category of dual-use item/exports to specified destination(s) or specified end-user(s) ) • National general authorisation (e.g. specific types or categories of products/specified destinations)

  12. Considerations with respect to the granting of an export license • All relevant considerations, including • international non-proliferation obligations/commitments • sanctions (UNSC, EU, OSCE) • national foreign and security policy considerations • intended end-use and the risk of diversion

  13. Export Controls relating to non-listed dual-use items • The Catch-all mechanism • If the exporter has been informed by the competent authorities: - the items are or may be intended for use in connection with WMD or missiles for such weapons • If the exporter is aware that the items are intended for such uses • Exporter must apply for an export license

  14. Models for national export control systems • EU system a good model • for more information on Council Regulation 1334/2000, and • national export controls in a Member State of the European Union (Sweden) • visit the website www.isp.se

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