FAQs

Below, please find a number of frequently asked questions regarding export controls received by the Danish Enterprise and Construction Authority.

Question 1: Am I liable to punishment if I export my products without an authorisation?

Answer: It is the exporter's own responsibility to investigate whether it is necessary to apply for an export authorisation. Non-compliance with the export authorisation requirement may involve criminal liability in the form of a fine or imprisonment of up to two years or six years in aggravating circumstances.

Question 2: How do I find out if my products are subject to export controls?

Answer: The bulk of the products subject to export controls are listed in an Annex to an EU regulation called Annex I, also called the control list. If you wish to make sure that your products are not subject to export controls, you should check your products against this list, which is divided up into 10 categories of products.

If your products are not on the control list and if they, nevertheless, have or may have connection to WMD or arms production in countries under an international arms embargo, it is also necessary to apply for an export authorisation. The exporter must himself seek information about the risk on the country in question and obtain information on the end-user and the end-use of the products. It is advisable to obtain an end-user certificate from the end-user. If the exporter is in doubt, it is always possible to contact the Danish Enterprise and Construction Authority, which will provide guidance.

Question 3: Can I apply for an authorisation via the Internet?

Answer: As of November 2009 it is possible to apply for an authorisation via the Internet. The Danish Enterprise and Construction Authority has on its Danish website an electronic application form. In order to use the application form you must have a digital certificate.

Question 4: Which type of authorisation can/must I apply for?

Answer: It is possible to apply for an individual authorisation, a Community general export authorisation and a global national export authorisation as well as one general authorisation as a result of the introduction of an internal export control compliance program.

Question 5: How long time in advance should I apply for an export authorisation?

Answer: It is always a good idea to apply for an export authorisation in good time. Furthermore, the enterprise should always make sales contracts subject to reservation for export controls in order not to suffer financial loss in case no authorisation is granted.

Question 6: What do the authorities base their assessment on when asked to grant an authorisation?

Answer: Among the circumstances taken into consideration when handling an application are for example:

• Denmark's commitments pursuant to agreements on controls on sensitive products and according to sanctions adopted by the EU and the UN.
• Denmark's security and foreign policy views, including the wish to counter terrorism and contribute to maintaining regional peace, security and stability.
• The internal situation and compliance with human rights in the recipient country.
• That Danish enterprises should not be unnecessarily restricted in their efforts to win export orders if other countries authorities grant export authorisations.

Question 7: Which countries/continents must I be particularly cautious in connection with exports?

Answer: It is currently a matter of the following countries: Iran, Iraq, North Korea and Syria. In addition, there are countries like, for example, India and Pakistan where caution should be exercised in connection with exports, and where it is recommended to consult the Danish Enterprise and Construction Authority. Other countries, in particular in the Middle East and Asia can also be critical countries of destination.

Question 8: Are many denials issued in Denmark?

Answer: No, in the vast majority of cases, exports may be conducted without any restrictions, either because the products are not subject to export controls, or because an authorisation is a matter of routine.

Normally, there will only be a risk in connection with exports of particularly critical products for certain end-users and regions where there is a risk that the application may pose a danger to international peace and security.

Question 9: If a denial has been issued in another country or to another Danish enterprise, will that have an impact on my enterprise?

Answer: As a general rule, Council regulation No. 428/2009 applies to all EU Member States.

In Article 13 (5) of the regulation, it is stated, before any Member State grants an export authorisation which has been denied by another Member State or States for an essentially identical transaction within the last three years, it will first consult the Member State or States which issued the denial(s).

In the majority of cases, the Authority will issue a denial if the end-users in question have received a denial previously unless there is information in connection with the matter that may convince the Authority that the products will not be used for purposes that are incompatible with the obligations mentioned in Article 12 of the regulation. Also in cases where a denial has been issued to the same purchaser/end-user but related to other products, the Authority will take this into consideration when deciding on the matter.

Question 10: What am I to do if I have been contacted by suspicious customers, or if the negotiating situation is strange?

Answer: There may be circumstances in relation to the negotiating situation that may seem unusual for one reason or another. It might for example be a military customer, or a customer who has connection to the defence industry. It might also be a matter of uncertainty as to the identity of the customer, as to whether the customer does not wish to make use of the general installation and maintenance service even if this would be normal. In addition, there may be more circumstances that apply, cf. Warning signals.

The exporter should therefore seek advice and guidance by contacting the Authority directly to have clarified whether an export authorisation is required.

Question 11: What is the situation if I am to export to a military end-user, or a customer has connection to the defence industry?

Answer: If the products are not on the control list, the advice is to find out if the products may be subject to the catch-all provisions, cf. Article 4 of the Council Regulation No. 428/2009.

These provisions apply in case of relations to WMD or if the purchaser's country or the country of destination is subject to an arms embargo under a common position or joint action adopted by the Council or under a decision taken by the OSCE or an arms embargo according to a binding resolution of the UN Security Council.

Question 12: If I am to export to a country where it is common knowledge that there is unrest, what am I to do?

Answer: It is always a good idea to consult the Authority directly or the website if you get an order from a country which according to the press is characterised by unrest.