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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]

    Rules applicable to the exporter who is granted a general license "chemical products


    Scope of application

    Any company wishing to export the following dual-use items:
    • 1 C 350.2. Phosphorus oxychloride (10025-87-3).
    • 1 C 350.7. Phosphorus trichloride (7719-12-2).
    • 1 C 350.9 Thionyl chloride (7719-09-7).
    • 1 C 350.38. Phosphorus pentachloride (10026-13-8).
    • 1 C 350.46. 2,2,2-nitriloethanol (102-71-6).
    to the following countries of destination:
    • South Africa
    • Argentina
    • Bulgaria
    • China
    • South Korea
    • Ecuador
    • Hong Kong
    • Indonesia
    • Iceland
    • Morocco
    • Mexico
    • Romania
    • Singapore
    • Taiwan
    • Tunisia
    • Turkey
    as well as to the overseas territories, the territorial collectivity of Mayotte and the territorial collectivity of Saint-Pierre-et-Miquelon.

    Description

    The exporter who is granted a "chemicals" general license applies the following rules
    • he shall ensure that the goods he is about to export are not intended, in whole or in part, for any of the uses referred to in Article 4(1), (2) and (3) of Council Regulation (EC) No 428/2009 of 5 May 2009, namely:
      • goods which may be intended, in their entirety or in part, to contribute to the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or to the development, production, maintenance or storage of missiles capable of delivering such weapons.
      • Goods that may be intended, in whole or in part, for a military end-use. Military end-use means:
        • (a) incorporation into military items listed in the Member States' Military Goods Controls;
        • (b) the use of production, test or analysis equipment and components therefor for the development, production or maintenance of military items listed in the abovementioned list
        • (c) the factory use of any unfinished product for the production of military items listed above.
      • Goods which are or may be intended, in whole or in part, for use as parts or components of military items listed in the national military list which have been exported from the territory of a Member State without the authorization provided for by the national legislation of that Member State, or in violation of such authorization.
    • prior to any export, it warns the foreign buyer that the goods it is about to export under its general license "chemical products" cannot be re-exported to final destinations other than the Member States of the European Community, the following territories and countries eligible for its license :
      • South Africa
      • Argentina
      • Bulgaria
      • China
      • China
      • Ecuador
      • Hong Kong
      • Indonesia
      • Iceland
      • Morocco
      • Mexico
      • Romania
      • Singapore
      • Taiwan
      • Tunisia
      • Turkey
      • and the overseas territories, the territorial collectivity of Mayotte and the territorial collectivity of Saint-Pierre-et-Miquelon;
    • if informed, he shall notify the issuing authority, the dual-use goods department, of any change of destination of goods exported under his general license to a destination other than a Member State of the European Community or a territory or country of final destination eligible for his benefit;
    • it shall clearly indicate on the invoices and documents accompanying the goods the following: "dual-use item subject to export control, exported from France under the general license "chemical products n°, issued on";
    • it shall set up a filing system enabling it to send to the Directorate General for Competitiveness, Industry and Services, Dual-Use Goods Department, at the end of each six-month period, a summary list of all operations carried out under this license, indicating, for each operation, the nature, quantity and value of the goods exported as well as the name and precise address of the recipient.

    Authority

    Direction régionale des douanes et droits indirects (DRDDI)
    Service des biens à double usage (SBDU)

    Responsible(s)

    Exportateur de biens à double usage

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