- Compliance
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...
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1 open days
Theoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
- 60 month of detention3 ans d'emprisonnement [exportation sans déclaration de marchandises prohibées]
Rules applicable to the exporter who is granted a general license "industrial goods"
Scope of application
Any company wishing to export dual-use goods listed in Annex A of the Order of 18 July 2002 to the following final destinations :
- South Africa
- Argentina
- Brazil
- Chile
- South Korea
- Iceland
- Malaysia
- Morocco
- Mexico
- Singapore
- Taiwan
- Thailand
- Ukraine
Description
The exporter who is granted a general license "industrial goods" 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.
- the use of any 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, he shall notify the foreign buyer that the goods he is about to export under his general license "industrial goods" may not be re-exported to final destinations other than the following Member States of the European Community, territories and countries eligible for his license
- South Africa
- Argentina
- Brazil
- Bulgaria
- Chile
- South Korea
- Hong Kong
- Iceland
- Malaysia
- Morocco
- Mexico
- Romania
- Russia
- Singapore
- Taiwan
- Thailand
- Turkey
- Ukraine
- overseas territories
- territorial collectivity of Mayotte
- territorial collectivity of Saint Pierre and Miquelon
- if informed, he shall notify the issuing authority, the dual-use goods department, of any change of destination of the 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 goods subject to export control, exported from France under general license "industrial goods" no., issued on";
- it shall set up a filing system enabling it to provide the Directorate General for Competitiveness, Industry and Services, Dual-Use Goods Department, at its request, with a summary list of all operations carried out under this license, indicating for each operation the nature and quantity 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
