(Unofficial translation)
Ordinance on control of products with dual-use and of technical assistance
(2000:1217)
Swedish Code of Statutes
Issued on 7 December 2000
Contents
Section 1
This Ordinance contains regulations for the control of strategic products in accordance with
Council Regulation (EC) no. 1334/2000 of 22 June 2000 setting up a Community regime for the
control of exports of dual-use goods and technologies and with the Act (2000:1064) on control
over products with dual-use and over technical assistance.
Definitions
Section 2
For the purposes of this Ordinance
natural uranium: means uranium which contains the naturally occurring mixture of isotopes,
depleted uranium: means uranium depleted in the isotope 235 below that occurring in nature,
enriched uranium: means uranium enriched in the isotope 235 above that occurring in nature,
production by
means production through chemical reaction or through biological or
synthesis:
biotechnical processes (biosynthesis).
Terms used in this Act have the same meaning as in Council Regulation (EC) no. 1334/2000.
Types of permit
Section 3
National permits can be given, in addition to individual permits in accordance with Council
Regulation (EC) 1334/2000, in the form of a global permit to export or transfer within the
European Community.
National permits can also be given in the form of a general permit in accordance with the same
regulation.
Section 4
The Inspectorate for Strategic Products may issue regulations
1. regarding general permits in accordance with article 6.2 of Council Regulation (EC)
1334/2000, and
2. regarding the requirement for a permit for transfers within the European Community in
accordance with article 21.2 of the same regulation.
Products requiring a permit for import
Section 5
The Inspectorate for Strategic Products may issue regulations regarding the requirement for
permits for the import of chemical precursors (substances) that can be used to produce chemical
weapons.
Applications for permits
Section 6
Applications for permits in accordance with the Council Regulation (EC) no. 1334/2000, the Act
(2000:1064) on control over products with dual-use and over technical assistance or decisions
published under these regulations shall be submitted to the National Inspectorate of Strategic
Products.
Applications for permits for transfers within the European Community of nuclear substances and
materials, etc. included in Annex I to Council Regulation 1334/2000 and which fall under
category 0 shall be submitted to the Swedish Nuclear Power Inspectorate
Section 7
An application for a permit to export or to transfer within the European Community according to
Council Regulation (EC) no. 1334/2000 of spent nuclear fuel shall also include information
about how the material shall be treated by the end-user.
In questions regarding material that originates from a nuclear facility in Sweden the applicant
shall also include a guarantee that the person that takes out the material will also bring it back, if
it can not be disposed of as foreseen.
Decision making authority in certain cases
Section 8
The Swedish Nuclear Power Inspectorate examines the permit matters described in section 6
sub-section 2. For permits further conditions published by the Swedish Nuclear Power
Inspectorate will apply.
However, the Inspectorate shall submit the matter to the Government with its own statement if
the exportation is intended for a recipient in a state which
- does not have a bilateral agreement with Sweden on cooperation in non-proliferation
matters in the field of nuclear energy, or
- has not undertaken in a special declaration to the Director-General of the International
Atomic Energy Agency (IAEA) to apply the rules on control of materials and equipment, etc.
agreed within the Nuclear Supplier's Group (NSG) and of which the NSG has informed
IAEA member states through the information circular INFCIRC 254.
In the cases referred to in sub-section 2, the Swedish Nuclear Power Inspectorate may request
necessary guarantees and statements.
Notwithstanding the provisions in sub-section 2, the Swedish Nuclear Power Inspectorate
examines matters concerning permits for exportation or transfers within the European
Community of uranium, plutonium or thorium in the pure state or in the form of an alloy,
compound or mixture unless the amount exceeds
1. 10 kilogram of enriched uranium containing not more than five per cent of the uranium
isotope 235,
2. 100 gram of enriched uranium containing more than five per cent of the uranium isotope
235,
3. 10 gram of the uranium isotope 233,
4. 10 gram plutonium,
5. 50 kilogram of natural or, with respect to the uranium isotope 235, depleted uranium,
6. 50 kilogram thorium.
Notification to the customs authority
Section 9
The customs authority shall be notified of the export or transfer within the European Community
of products with a dual-use under Council Regulation (EC) no. 1334/2000 within one working
week and not later than 48 hours before exportation is planned to take place. That part of the
time period that falls on Saturday, Sunday or any other holiday shall not be counted within the
time period.
However, notification does not need to be made if the export or transfer is made in accordance
with article 2(b)(iii) of the same regulation.
The customs authority may publish exceptions from sub-section one if there are specific reasons.
Ordinance (2001:507).
Section 10
Notification according to section 9 does not need to be made, if
1. the export or transfer according to information in the permit regards:
a. products which are exported or transferred for repair, overhaul or other similar measure
and which will be reimported,
b. products which are reexported or transferred after repair, overhaul or other similar
measure,
c. products which are exported or transferred for demonstration, loan or processing and that
shall be reimported, on condition that they have not been used
d. products which are being returned after demonstration purposes, on loan or for
processing,
e. products which are being returned after complaint, wrong delivery or for some other
similar reason, or
f. biological agents, or
2. a global permit according to section 3 sub-section one or a general export permit according to
annex II of Council regulation (EC) no. 1334/2000 or section 4 sub-section one has been
published for export or transfer.
Decisions in accordance with Section 9, sub-section three and section 10 sub-section one do not
give from the information obligation according to Council regulation (EEC) no. 2913/92 of 12
October 1992 on the introduction of a Community customs code or from the information
obligation according to Act (1996:701) on the customs authority at the borders of Sweden with
another country within the European Union.
In a case where a general export permit according to annex II of Council regulation (EC) no.
1334/2000 or section 4 sub-section one has been published the permit shall be recorded in the
customs declaration for export. Ordinance (2001:507).
Section 11
The customs authority may publish additional regulations on which information shall be
provided in connection with an application to export or transfer according to section 9.
Exceptions from the prohibition on supply of technical assistance
Section 12
The prohibition in section 9 of Act (2000:1064) on control of products with dual-use and of
technical assistance against providing technical assistance does not apply
1. when the technical assistance is provided in a country that is listed in Annex II of Council
regulation (EC) no. 1334/2000,
2. when the technical assistance consists of transfer of information that is in the public
domain or contain basic scientific research,
3. when the technical assistance is provided verbally and is not connected with products
with dual-use covered by Annex I of the same regulation,
4. when the technical assistance is provided by a Swedish authority within international
cooperation regarding research on protection and countermeasures to weapons of mass
destruction, or
5. when the technical assistance is provided in connection with activities for which permits
exist according to the Act (1992:1300) on war material.
Obligation to submit a declaration under section 12 of Act (2000:1064) on
control of products with dual-use and of technical assistance
Section 13
A declaration under section 12 of Act (2000:1064) on control of products with dual-use and of
technical assistance shall be provided no later than 31 January and include products for which
invoices were issued during the previous calendar year.
The declaration shall include
1. the name and address of the responsible person,
2. information on the invoice value of products sold by the producer,
3. a description of the products sold, and
4. information on the category according to annex I of Council regulation (EC) no.
1334/2000 under which the products can be classified.
The declaration according to sub-section one shall be provided on a form supplied by the
Inspectorate for Strategic Products.
Obligation to submit a declaration under section 13 of Act (2000:1064) on
control of products with dual-use and of technical assistance
Section 14
A declaration under section 13 of Act (2000:1064) on Control over products with dual-use and of
technical assistance shall be provided to the Inspectorate of Strategic Products.
The Inspectorate for Strategic Products may issue additional regulations regarding the obligation
to submit a declaration.
Supervision
Section 15
Supervision and other controls referred to in Section 15 of the Act (2000:1064) on Control over
products with dual-use and of technical assistance shall be executed by the Nuclear-Power
Inspectorate with regard to nuclear substances and materials, etc. indicated in Annex I to Council
regulation (EC) 1334/2000 under category 0.
In other cases, supervision and controls are executed by the National Inspectorate of Strategic
Products.