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infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • 60 month of detentioncourt hammer
    info3 ans d'emprisonnement [exportation sans déclaration de marchandises prohibées]

    Individual licence (authorisation for the export of dual-use goods or goods subject to restrictive export measures to certain countries)


    Scope of application

    This authorisation applies to any exporter wishing to carry out a one-off operation (one or more goods to a consignee or end-user in a third country) and having opted for an individual licence.

    This licence is suitable for export projects involving physical or intangible goods, technology or services:
    • dual-use,
    • covered by a sanctions regulation,
    • covered by a national initiative regulation,
    • covered by an individual measure (so-called "catch all" clause).

    Description

    Export controls on so-called dual-use goods and technologies are implemented by the state to combat the destabilising accumulation of weapons in certain regions of the world. It also aims to combat the proliferation of means of mass destruction.

    According to the usual definition, this category includes "goods, equipment - including technology, software, intangible know-how - which may have both civilian and military uses or which may - wholly or in part - contribute to the development, production, handling, operation, maintenance, storage, detection, identification, dissemination of weapons of mass destruction" (WMD - nuclear, biological, chemical, etc.).

    The individual licence is granted for one or more goods of the same nature, destined for a designated person, up to a specified quantity and value. The individual licence is suitable for any one-off export project. Its validity is limited to 2 years.

    Attention: it is up to the exporting companies to determine themselves whether their products are concerned by the "dual-use goods" control or not, depending on the technological characteristics of their products.

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