Seminar on Strengthening the Global Disarmament and Non-Proliferation

Bali, 2 November 2006

Richard EkwallDirector, Department for Disarmament and Non-proliferation

Ministry for Foreign Affairs, Sweden

Export Controls in the European Union relating to dual-use goods

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

• Full compliance with:

• International non-proliferation obligations (NPT, BTWC, CWC)

• United Nations Security Council Resolution 1540 (2004)

• Hence, importance of strict and effective national export controls

• Export controls national responsibility

• However, harmonisation of EU Member States’ export controls essential

• 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)

A Community System of Export Controls

• Council Regulation (EC) 1334/2000

• Legally binding, directly applicable in EU Member States

• Implementation at national level

• 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

• 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

EU Export Controls cover:

• physical goods, and

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

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

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)

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

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

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