Seminar on Strengthening the Global Disarmament and NonProliferation Bali, 2 November 2006 Richard E

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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
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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

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

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

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• 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)

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A Community System of Export Controls

• Council Regulation (EC) 1334/2000
• Legally binding, directly applicable in EU Member
  States
• Implementation at national level

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• 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

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• 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

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EU Export Controls cover

• physical goods, and
• software and technology transmitted by electronic
  media, fax or telephone

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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

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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)

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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

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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

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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