If your company is active in the field of dual-use products and technology, it is necessary to consult the current rules and legislation in detail.
Overview of current EU legislation on export controls
The legal basis for export controls consists of a number of EU regulations. In addition, there is the control list, which is the list of products subject to export controls.
The control list (Annex I)
Annex I is the total list of all products subject to export controls.
Annex IV is a list of the most critical dual-use products, which are therefore subject to particularly strict rules, and is an excerpt of Annex I.
Annex II and III
Annex II concerns the application of the Union general export authorisations.
Annex III concerns the application of the Union individual and global export authorisation.
Criminal provisions and administrative rules are contained within the national legislation.
The EU Regulation applies directly to Danish law, but it contains no criminal provisions and no detailed administrative rules. It is therefore necessary to lay down criminal provisions and administrative rules in national legislation.
In the Enabling Act, criminal provisions are laid down regarding any breach of the export control rules. These criminal provisions are reiterated in the Export Executive Order, which furthermore contains more detailed administrative provisions on how and by what authorities the export control rules are to be administered. The Minister for Business and Growth (previously Minister for Business and Industry) has authorised the Danish Business Authority (previously the Danish Enterprise and Construction Authority) to administer the control of exports.
- Danish Enterprise and Construction Authority Executive Order No 712 of 5 July 2019 on export of dual-use products and technology (Export Executive Order).
- Ministry of Business and Industry Consolidating Act No 635 of 9 June 2011 on the application of certain European Communities Acts on economic relations to third countries (Enabling Act).
Criminal provisions on export control
In order to use the common EU legal basis in Denmark, it is necessary to establish criminal provisions and administrative provisions in national legislation on how and by whom the regulation is to be administered in practice.
The criminal provisions governing breach of the export control rules are laid down in the so-called Enabling Act, which makes it possible to apply EU trade-controlling regulations in Denmark. Detailed administrative provisions are laid down in the Export Executive Order, which also reiterates the criminal provisions.