Turns out that merely ensuring that your products are not on the Control List isn't good enough. From the Danish Business Authority, we get an explanation of the catch-all provisions in EU export control regulations:
Catch-all is an extra security measure in connection with the control of exports. Experience has shown that also less sensitive products which are not on the control list may be used for the development and production of WMD.
In 1995 the EU introduced a so-called catch-all clause in the control of exports, which is to catch all exports that may constitute a risk to international peace and security, but which are not caught by the general rules. The rules are to be found in Article 4 of the EU regulation.
The catch-all provisions require that the exporter must apply for an export authorisation for a product even if it is not listed in Annex I to the regulation, if:
- The product, wholly or in part, is or may be intended for use in connection with WMD.
- The product, wholly or in part, is or may be intended for military end-use in countries under an international arms embargo.
Tightened catch-all rules
As a result of an amending Act in force from 1 August 2003, the catch-all provisions apply both if:
- The exporter is aware of the application of the product in relation to WMD or is related to weapons production in countries under an international arms embargo, or if
- The exporter has grounds for suspecting that the product is to be used in relation to WMD or is related to weapons production in countries under an international arms embargo.
The prospective end-use of the product in the hands of the specific end-user is decisive for whether it is necessary to apply for an export authorisation, irrespective of whether the product otherwise has widespread civilian application. In principle, therefore, the catch-all provisions apply also to exports intended for a critical end-user via another EU Member State, provided that the exporter is aware of this.
The exporter himself must seek information about any risks related to his export markets, and the exporter must himself collect information about the end-user and the end-use of the product in the form of an end-user certificate. It is, however, always possible to contact the Danish Business Authority or other relevant authorities to obtain advice and guidance.
The Danish Business Authority has a lot of general information on export control regulations, as well as sanctions and the chemical weapons conventions – all easily reachable from the catch-all page link below.
Link:
Danish Business Authority catch-all web page
Posted with BlogsyFiled under: EU Updates, Export Control, Sanctions Regulations
