Scope of application
section 1 of this Act concerning the control of dual-
uses and control of technical assistance.
The law contains additional provisions for the application of Council
Regulation (EC) no 428/2009 of 5 May 2009 on the establishment
a Community regime for the control of exports, transfer,
brokering and transit of dual-
uses (recast).
Provisions are also included in the Act (1992:1300) of munitions
and the law (1984:3) about nuclear activities.
Law (2010:1017).
Definitions
section 2 With dual-use items, export,
exporter, broker, brokerage services and transit
referred to in this law is the same as in article 2 of Council
Regulation (EC) no 428/2009. Law (2010:1017).
3 § With military products referred to in article 4(2) and 4(3) of the
Council Regulation (EC) no 428/2009 referred to in this law, the
products according to section 1 of the Act (1992:1300) of munitions
constitutes war material.
With the technical assistance referred to in this law any technical support
related to repairs, development, manufacture,
Assembly, testing, maintenance or any other technical
service, and may take forms such as education,
transfer of knowledge and skills or
consulting services. Law (2010:1017).
Permissions and prohibitions
section 4 questions about permits and prohibitions under Council regulation
(EC) no 428/2009, this law or regulations
issued by virtue of law examined by Inspection of
strategic products or the authority that the Government
determines.
An authority with the private opinion turn over a case to
the Government's review, if the matter has fundamental importance
or otherwise is of particular importance.
Government Announces additional provisions for surrender
of cases to the Government. Law (2010:1017).
Exports, transfer, brokering and transit
4 a of the Government may provide for a product
dual-use items are subject to the requirements of
permission to export in accordance with article 4(5) of Council regulation
(EC) no 428/2009.
The Government may provide for
notification obligation for exporters referred to in article
4(5) of that regulation. Law (2010:1017).
4 b of the Government may provide for a product
dual-use goods referred to in article 5(2) of
Council Regulation (EC) no 428/2009 may be subject to
permission to transit services within the meaning of article 5(1) of the same
Regulation. Law (2010:1017).
4 c § Government may provide for a product
dual-use items are subject to the requirements of
State to the Agency in accordance with article 5(3) of Council
Regulation (EC) no 428/2009.
The Government may provide for
notification obligation for intermediaries referred to in article
5(3) of that regulation. Law (2010:1017).
4 d § Government may provide for a product
dual-use goods referred to in article 6(3) of
Council Regulation (EC) no 428/2009 may fall within the scope of the prohibition of
transit procedure in accordance with article 6(1) of that regulation.
Law (2010:1017).
§ 5 the Government may provide for a product with
dual-use items shall be subject to authorisation
to export in accordance with article 8(1) of Council Regulation (EC) no
428/2009. Law (2010:1017).
section 6 of the Government or the authority, as the Government determines
may provide that complement the provisions on
export authorisation in article 9(2) of Council Regulation (EC) no
428/2009 and in the first paragraph of section 3(3) of annex II to the same
Regulation. Law (2010:1017).
section 7 of the Government may provide for such requirements
authorization to transfer referred to in article 22(2) of Council
Regulation (EC) no 428/2009. Law (2010:1017).
section 8 Has been repealed by law (2009:330).
Technical assistance
§ 9 technical assistance must not be provided outside the European
the Union if it is intended to be used in conjunction with
development, production, handling, operation, maintenance, storage,
detection, identification or dissemination of chemical or
biological weapons or nuclear weapons or other
nuclear explosive devices or in connection with the development, production,
maintenance or storage of missiles capable of carrying
such weapons.
The Government may provide for exceptions from the
ban. Law (2010:1017).
Introduction
section 10 of the Government or the authority, as the Government determines
may provide for the introduction of requirements for permits to
chemical precursors (substances) that can be used for
the production of chemical warfare agents.
Withdrawal
section 11 permits to export, transit services, or
transfer pursuant to Council Regulation (EC) no 428/2009 may
be revoked, if the licensee has failed to comply with a regulation
of the regulation or of a rule which has been communicated pursuant to
the regulation or this Act, or if there are other
specific reasons for the withdrawal.
A revocation is valid with immediate effect, if not something
otherwise decided. Law (2010:1017).
Fee and declarations
section 12 of the National Inspectorate of strategic products may charge a fee
for supervision according to this law.
The Government or the authority that the Government may
provide for such fees.
The person liable shall each year submit a declaration
to the supervisory authority with the information necessary to determine the
the charges, in accordance with the detailed rules of which the Government
Announces.
The Government may provide for exceptions from the
the Declaration obligation. Law (2008:887).
section 13 in accordance with the detailed rules of which the Government or the
authority as the Government announces a
Declaration each year provided by the who
1. produce, prepare, consume, or for chemical
precursors (substances) that can be used for the production of
chemical warfare agents,
2. during any of the last three years have produced, prepared,
exhausted, brought in or brought out such products, or
3. produces discrete organic chemicals.
The Declaration shall include information on
1. activities during the previous calendar year,
2. the activities planned for the coming calendar year,
3. changes in the activities planned for the current
the calendar year.
The Declaration shall be filed with the authority that the Government
determines.
Data control
section 14 of the one who has made a declaration pursuant to section 13 shall, on
the request of the authority referred to in the third subparagraph of section 13, also
submit the information and documents that may be needed for
control of the information contained in the Declaration.
For this verification, representatives of the authority entitled to
access to the sites, facilities, and installations where such
activities are covered by the tax obligation and
get to do research and take samples. However, this does
not space that represents someone's home.
The police authorities shall provide the necessary assistance to
the verification shall be carried out.
Supervision
section 15 of the supervision of compliance with the provisions of Council
Regulation (EC) no 428/2009, this law or regulations
has been issued under the Act shall be exercised by the supervisory authority
of strategic products or the authority that the Government
determines the (regulator).
The Government may provide for supervision.
Law (2010:1017).
§ 16 supervisory authority has the right to request the
information and documents needed for the control of the
as for transfer within the European Union, for transit
or for export takes a position with dual
uses or by the provider
mediation services with regard to such products or of
the who provides technical assistance. With the action of course
petition in writing or picture and recording that can
be read, listened to or otherwise be perceived only with
technical AIDS.
The supervisory authority has the right to have access to premises
where it is referred to in the first paragraph carries on its activities.
However, this does not apply to space that is someone's home.
The police authorities shall provide the necessary assistance to
supervision shall be carried out. The regulatory authority may
request assistance by other government agencies for their
supervision. Law (2010:1017).
section 17 of the article 20(3) or 22(8) of Council
Regulation (EC) no 428/2009 are required to preserve and
the request of the supervisory authority to present documents to retain
These for five years or longer that for some tasks
or documents may be required by law or other
Constitution. Law (2010:1017).
Punishment etc.
section 18 the one who intentionally without permission
1. export dual-use items which
referred to in article 3(1) of Council Regulation (EC) no 428/2009
or in article 4(1) to (4) of that regulation and for which
authorisation has expired or in regulations that have
given (a) by virtue of paragraph 4 or paragraph 5,
2. transfer the dual-use items referred to
Article 22(1) of that regulation or in regulation has
issued pursuant to section 7, or
3. provide mediation services for products with
dual-use list referred to in article 5(1) in the same
Regulation for which authorisation has expired or in
Regulation has been issued pursuant to paragraph 4 (c)
subparagraph, shall be liable to a fine or imprisonment of up to two years.
As provided for in the first subparagraph shall also apply to the
intentionally through such electronic transfer referred to in
Article 2 (2) (iii) of Council Regulation (EC) no 428/2009 without
condition
1. export the software or technology referred to in article
3(1) of that regulation or in article 4(1) to (4) of the same
Regulation for which authorisation has expired or in
Regulation has been issued pursuant to paragraph 4 (a)
or, § 5;
2. transfer the software or technology referred to in article 22(1)
in the same regulation or in regulation has been issued with
under section 7, or
3. provides transmission services for the software or
techniques referred to in article 5(1) of that regulation and for
What are the licensing requirements has occurred or in the regulation has
issued pursuant to paragraph 4 (c).
If the offence under the first or second paragraph is considered to be
felony is sentenced to prison for six months to six years.
In assessing whether the offence is aggravated, the particular
be taken into account if the deed entered into as part of a crime
been pursued systematically or on a larger scale, or if
the Act led to a serious breach of a significant
interests of society. Law (2010:1017).
18 a of The who willfully violates a ban on
transit has been notified pursuant to article 6(1) of the Council
Regulation (EC) no 428/2009 is sentenced to a fine or imprisonment
a maximum of two years.
If the crime is considered aggravated is sentenced to prison, not less than
six months and a maximum of six years.
In assessing whether the offence is aggravated, the particular
be taken into account if the deed entered into as part of a crime
been pursued systematically or on a larger scale, or if
the Act led to a serious breach of a significant
interests of society. Law (2010:1017).
section 19 of the recklessly commits an act referred to in
section 18 of the first or second subparagraph or paragraph 18 (a)
shall be liable to a fine or imprisonment of up to two years.
If the offence is minor, it shall not give rise to liability.
Law (2010:1017).
section 20 of The who willfully violates section 9 shall be liable to a fine or
imprisonment of up to two years.
If the crime is considered aggravated is sentenced to prison, not less than six
months and a maximum of six years.
In assessing whether the offence is aggravated, the particular
be taken into account if the deed entered into as part of a crime
been pursued systematically or on a larger scale, or if
the Act led to a serious breach of a significant
interests of society.
section 21 for attempted offences under section 18 of the first or second
paragraph 18(a) paragraph or section 20 of the first subparagraph and
for the attempt, preparation and conspiracy to commit felony
According to the third paragraph of section 18, paragraph 18 (a) or section 20
the second paragraph is sentenced to liability under Chapter 23. the Penal Code.
Law (2010:1017).
section 22 to a fine or imprisonment not exceeding six months convicted the
who, intentionally or negligently:
1. provide false information in an application for an authorisation or
in any other document relevant to the examination of
a case under Council Regulation (EC) no 428/2009 or
This law, or in a declaration referred to in section 12 or 13,
2. override the requirements or conditions that have been notified under
of article 9(2) of that regulation or violate the control-
or police regulations issued pursuant
This law,
3. override their notification obligations under article 4(4)
in the same regulation,
4. override their notification obligations under article 5.1.
in the same regulation,
5. the overriding obligation laid down
pursuant to paragraph 4 (a),
6. the overriding obligation laid down
pursuant to paragraph 4 (c),
7. overrides their obligation under article 22.10 in
that regulation, or
8. violates article 20(3) or 22(8) of that regulation
or to section 17.
If the offence is minor, it shall not give rise to liability.
Law (2010:1017).
section 23 unless it is patently unreasonable, the following property
be declared forfeited:
1. product that has been the subject of an offence under this Act, or
the value of such a product,
2. Exchange of offences under this Act;
3. what anyone taken as compensation for the costs associated with
an offence under this Act, or the value of the received, if
receipt constitutes offences under this Act.
A product referred to in the first subparagraph 1 or a special right
the product may not be declared forfeited, if the product or
right after the crime has been acquired by someone who has not had
knowledge, or reasonable grounds for the adoption of the
connection with the crime. At the confiscation in accordance with the first paragraph 1 of
a product will not apply the provisions of chapter 36. paragraph 5 of the first and
other paragraphs in the Penal Code concerning whom the confiscation may take place.
Property that has been used as a tool for offences under this
law may be declared forfeited, if the forfeiture is needed to
Prevention of offences under this law, or if it otherwise
special reasons. The same applies to property which has been designed to
be used as a tool for offences under this Act, if the offence
has been completed, or if the procedure has been a punishable
attempt or a criminal preparation or stamping. In
instead of property may be declared forfeited its value. In 36
Cape. 5 and 5 (b) of the Penal Code provides for whom
confiscation may take place and if the particular right to forfeit
property.
Instead of forfeiture referred to in the third subparagraph of the property
or its value, the Court may provide that any action taken
with the property that prevents further abuse of it. In such
case, even some of the value of the property is declared forfeited.
Law (2008:374).
section 24 of the uppgiftsskyldige Neglect to timely file a
the Declaration referred to in section 12 or 13, the authority
to receive the declaration under penalty shall submit to the
uppgiftsskyldige to fulfill his obligation.
24 a of Neglecting the uppgiftsskyldige to timely provide
such a notification referred to in section 3.1 of annex II to
Council Regulation (EC) no 428/2009, the authority shall
receiving notification under penalty shall submit to the
uppgiftsskyldige to fulfill his obligation.
Law (2010:1017).
Appeal
paragraph 25 of the Decision by an authority other than the Government to revoke
a permit may be appealed to the administrative court.
The same applies to a decision pursuant to section 12 of the first
paragraph, 14, 16, 24 and 24 (a) sections.
Leave to appeal is required for an appeal to the administrative court.
Other administrative decisions pursuant to Council Regulation (EC) no
428/2009 or under this law may not be appealed.
Law (2010:1017).
Transitional provisions
2008:887
1. this law shall enter into force on 1 January 2009.
2. Older rules still in terms of annual
fees for the year 2008.
