- Compliance
-
...
-
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 "graphite" general license
Scope of application
Any company wishing to export nuclear grade graphite to the overseas territories, the territorial collectivity of Mayotte and the territorial collectivity of Saint-Pierre-et-Miquelon as well as to the following territories and countries of final destination :
- South Africa
- Argentina
- Brazil
- Bulgaria
- South Korea
- Hong Kong
- Iceland
- Malaysia
- Mexico
- Romania
- Russia
- Singapore
- Taiwan
- Turkey
- Ukraine
Exclusion
The "graphite" general license is not applicable to materials or equipment whose characteristics also meet the requirements of headings other than 0C004 of Annex I to Council Regulation (EC) No. 428/2009 of May 5, 2009, or which are intended for use in a nuclear reactor.
Description
The exporter who is granted a general graphite license applies the following rules:
- it ensures that the goods which it is about to export are not intended, in whole or in part, for one of the uses referred to in Article 4 (1), (2) and (3) of Regulation (EC) No No 428/2009 of the Council of 5 May 2009, namely:
- goods that may be used, in whole 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 the development, production, maintenance or storage of missiles capable of serving as a vehicle for such weapons.
- goods that may be used, in whole or in part, for military end use. "Military End Use" means:
- (a) incorporation into military products on the Member States' list of military equipment;
- (b) the use of production, testing or analysis equipment and components therefor, for the purpose of developing, producing or maintaining military products listed in that list;
- (c) the use in the factory of any unfinished product for the production of military products listed above.
- goods that are or may be intended, in whole or in part, to be used as parts or components of military products listed on the national list of military equipment that has been exported from the territory of a Member State without the authorization provided for in the national law of that Member State, or in breach of such authorization.
- prior to any export, it warns the foreign buyer that the goods which it is about to export under cover of its general license can not be re-exported to final destinations other than the Member States of the European Community and the territories and territories. countries admitted to its benefit;
- if he is informed, he shall notify the Directorate General of Customs and Excise (SETICE) of any change of destination of goods exported under cover of his general license to a final destination other than a Member State of the European Community or a territory or a country admitted to its benefit;
- it bears, conspicuously, on the invoices and the documents accompanying the goods the following statement: "dual-use good subject to export control, out of France under general license" graphiten °, issued on ";
- it shall set up an archiving system enabling the General Directorate of Customs and Indirect Taxes, at its request and at the end of each half-year, to send a summary list of all operations carried out under this license, indicating for each operation:
- the billing date;
- the nature, quantity, shape and dimensions of exported graphite objects or parts;
- the typical values of the degree of the grade of graphite in boron equivalent as well as in boron itself;
- the typical value of the density of the graphite grade;
- the name and precise address of the recipient;
- the use;
- the financial value.
Authority
Direction régionale des douanes et droits indirects (DRDDI)
Service des biens à double usage (SBDU)
Responsible(s)
Exportateur de biens à double usage
