Export authorisations

Complete the form titled “Ansökan om export av produkter med dubbla användningsområden” [Application for the export of dual-use items]. Instructions on how to complete the form can be found on page 10 of the Swedish Radiation Safety Authority’s general recommendations (the yellow pages) on the application of regulations and general recommendations concerning non-proliferation control for nuclear material, etc. (SSMFS 2008:3).

The form can be scanned and emailed to the office of the Swedish Radiation Safety Authority’s registrar at registrator@ssm.se, or posted to:

Swedish Radiation Safety Authority
171 16 Stockholm

The form contains the information that you need to provide in order to complete an application for authorisation.

This information covers aspects such as:

• the name of the exporter;
• the exporter’s corporate identity number and address;
• the recipient’s name and address;
• the country of origin, the country of dispatch and the country of destination;
• a description of the item, the quantity involved and a category number according to the List of Dual-use Items (Annex I to Regulation (EU) 2021/821); and
• a description of the end-use of the item.

Article 12 of Regulation (EU) 2021/821 describes the legal framework for various types of export authorisation.

Individual export authorisations are subject to the requirement for an end-use statement. An end-use statement must be an official letter from the end-user, stamped and signed by an authorised representative. It must include a description of the item and its end-use, confirmation that the item received is subject to export control and an assurance that the item will not be used for nuclear weapons or nuclear explosive devices.

For global export authorisations, the equivalent to an end-use statement may be included in a contract between the exporter and the end-user. This may be examined by the Swedish Radiation Safety Authority in connection with an inspection.

For your application to be valid, the original application form must be signed by an authorised representative of the applicant.

Any company wishing to export nuclear material, nuclear products or related technical information or software should appoint an export control officer.

The time it takes to process an export authorisation may vary depending on a number of factors, such as the type of product, the end-user, the country of destination and the intended end-use of the product. This may take anything from a few days to several years.

A risk assessment that includes various controls is an important part of the application process. When applying for an export authorisation to a third country, it may be required to obtain governmental assurances pursuant to the Guidelines established by the Nuclear Suppliers Group (NSG), see IAEA Information Circular INFCIRC/254. The purpose of such assurances is to ensure that the product or technical information will not be used to produce nuclear explosive devices, that adequate physical protection is in place at nuclear facilities, that the IAEA can perform inspections at facilities, and that any further export of the product or information will be compliant with the NSG Guidelines.

Obtaining government assurances may extend the processing time, as the process involves the recipient state. There is no need for government assurances for transfers within the EU.

The processing time may be extended if your application is incomplete or requires supplementary documentation. Therefore, it is important to ensure that your application is correct and includes all the necessary information in order to avoid delays to the process.

Decisions regarding export authorisations may not be appealed. However, a decision by the Swedish Radiation Safety Authority to revoke an authorisation may be appealed to a general administrative court, unless the authorisation was revoked by the Swedish Government. It is also possible to appeal a decision in which the Swedish Radiation Safety Authority requests information and documents, as well as access to premises, within the scope of its oversight.

The Swedish Act on the Control of Dual-use Items and Technical Assistance (SFS 2000:1064) includes provisions on the appealing of decisions. The Swedish Ordinance on the Control of Dual-use Items and Technical Assistance (SFS 2000:1217) states which provisions of the Act are applicable to the Swedish Radiation Safety Authority.

At present, the Swedish Radiation Safety Authority does not charge any fees for processing applications for export authorisations for nuclear material, products, information or software.

Export controls for nuclear materials, products, information or software are regulated in both European regulation and supplementary Swedish legislation through:

The United Nations Security Council has issued sanctions against certain countries. The EU has further strengthened export controls for some of these countries through specific EU sanctions, and therefore specific regulations apply to exports to these countries. This may mean that certain dual-use items may not be exported at all, or that export authorisations are required for additional items beyond those covered by Regulation (EU) 2021/821. The sanctions against Iran and North Korea cover nuclear products.

Easing of sanctions against Iran

Sanctions against Iran in respect of nuclear technology were eased on 16 January 2016. Regulation (EU) 2015/1861 and Regulation (EU) 2015/1862, which contain provisions on the suspension, lifting and amendment of the EU’s sanctions in respect of nuclear technology, entered into force within the EU on the same date.

Nuclear products that were previously prohibited are now subject to authorisation requirements. Regulation (EU) 2015/1861 indicates exactly which sanctions have been eased.

The Swedish Act on the Control of Dual-use Items and Technical Assistance (SFS 2000:1064) contains provisions in respect to sentences for breaches of Regulation (EU) 2021/821.

Anyone who intentionally or through gross negligence exports a dual-use item subject to export controls without an authorisation to do so may be liable to a fine or sentenced to imprisonment for a period not exceeding two years. Any attempt to commit such an offence may also entail criminal liability pursuant to Chapter 23 of the Swedish Criminal Code (SFS 1962:700).

Anyone who intentionally or through gross negligence supplies inaccurate information in an application for export authorisation that is of relevance to the assessment of the application, or who fails to comply with requirements, conditions, obligations to provide notification or information in conjunction with exports pursuant to Regulation (EU) 2021/821 may be liable to a fine or sentenced to imprisonment for a period not exceeding six months.

Regulation (EU) 2021/821, known as the Dual-use Regulation, replaced Council Regulation (EC) No 428/2009 on 9 September 2021. References to the repealed regulation shall be construed as references to Regulation (EU) 2021/821 and must be read in accordance with the correlation table set out in Annex VI to Regulation (EU) 2021/821.

Updated list of dual-use items

The European Commission has adopted an updated list of dual-use items. The updated list can be found in Commission Delegated Regulation (EU) 2024/2547, which thus constitutes a new Annex I to Regulation (EU) 2021/821.

Dual-use items: Items, including software and technology, which can be used for both civil and military purposes, and that include items which can be used for the design, development, production or use of nuclear, chemical or biological weapons or their means of delivery, including all items which can be used both for non-explosive uses and assisting in any way to the manufacturing of nuclear weapons or other nuclear explosive devices.

List of dual-use items: The list of dual-use items as referred to in Article 3 of Regulation (EU) 2021/821.

Individual export authorisation: An authorisation granted to a specific exporter for one end-user or recipient and for one or more dual-use items.

Global export authorisation: An authorisation granted to a specific exporter for a type or category of dual-use items which may be valid for exports to one or more specified end-users and/or in one or more specified countries.