Export Controls and Licensing
The European Union
The EU export control regime is governed by Regulation 428/2009. The list of controlled dual-use items is set out in Annex I of these regulations.
Under the EU regime, controlled items may not leave the EU customs territory without an export authorisation.
There are four types of export authorisations:
1. EU General Export Authorisations (EU GEAs) - cover exports of certain items to certain destinations as specified in Annex II of the dual-use Regulation. There are currently 6 EU GEAs in place:
- EU001 - exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland (including Liechtenstein) and United States of America
- EU002 - export of certain dual-use items to certain destinations
- EU003 - export after repair/replacement
- EU004 - temporary export for exhibition or fair
- EU005 - telecommunications
- EU006 – chemicals
Due to restrictions on the type/classification of Dual-Use goods which can avail of these licences, only EU001 can be used for Andor Technology products i.e. the export classifications for Andor’s products fall outside of the scope of EU002, 03, 04, 05, 06.
Note: Exporters must apply to us this licence type via their national authorities
2. National general export authorisations (NGAs) – may be issued by individual EU countries, provided that they:
- do not conflict with existing EU-GEA’s
- do not cover any of the items listed in Annex IIg to Regulation 428/2009
France, Germany, Greece, Italy, Sweden, the Netherlands, and the UK currently have these authorisations. NGAs are published in the official journal of the issuing country.
3. Global authorisations – are granted by individual EU countries to one exporter and cover one or more items to one or more countries/end user.
4. Individual licenses – are granted by individual EU countries to one exporter and cover exports to one end user.
As per Annex I of 428/2009 the following Andor goods/products are controlled.
|All ICCD Products
||Depending on the camera specification it can be either of the following:
Imaging cameras incorporating image intensifier tubes having the characteristics listed in 6A002.a.2.a. or 6A002.a.2.b.;
Image intensifier tubes having all of the following:
1. A peak response in the wavelength range exceeding 400 nm but not exceeding 1,050 nm;
2. Electron image amplification using any of the following:
3. Any of the following photocathodes:
- a. A microchannel plate with a hole pitch (centre-to-centre spacing) of 12 µm or less; or
- b. An electron sensing device with a non-binned pixel pitch of 500 µm or less, specially designed or modified to achieve 'charge multiplication' other than by a microchannel plate; and
- a. Multialkali photocathodes (e.g., S-20 and S-25) having a luminous sensitivity exceeding 350 µA/lm;
- b. GaAs or GaInAs photocathodes; or
- c. Other "III/V compound" semiconductor photocathodes having a maximum "radiant sensitivity" exceeding 10 mA/W;
Cameras and components, other that those specified in 6A003, as follows:
Other framing tubes and solid-state imaging devices having a fast-image gating time of less than 50 ns.
|All EMCCD Products
EM Newton - DU970, DU971
Imaging cameras incorporating "focal plane arrays" having any of the following:
a. Incorporating "focal plane arrays" specified in 6A002.a.3.a. to 6A002.a.3.e.;
b. Incorporating "focal plane arrays" specified in 6A002.a.3.f.; or
c. Incorporating "focal plane arrays" specified in 6A002.a.3.g.;
Non-"space-qualified" "focal plane arrays" having all of the following:
1. Individual detector elements with a peak response in the wavelength range exceeding 400 nm but not exceeding 900 nm;
2. Specially designed or modified to achieve 'charge multiplication' and having a maximum "radiant sensitivity" exceeding 10 mA/W for wavelengths exceeding 760 nm; and
3. Greater than 32 elements.
|Note: “Technology” associated with the design, production and repair of the above products is also controlled under the following Dual List entries, and therefore also requires an export licence if from the EU.
6E001 "Technology" according to the General Technology Note for the "development" of equipment, materials or "software" specified in 6A, 6B, 6C or 6D.
6E002 "Technology" according to the General Technology Note for the "production" of equipment or materials specified in 6A, 6B or 6C.
"technology" means specific 'information' necessary for the "development", "production" or "use" of "goods" or "software";
Transfers of dual-use goods between EU countries
Dual-use items may be traded freely within the EU except for those listed in Annex IV to Regulation 428/2009, which are subject to prior authorisation.
Note: Andor do not currently manufacture any goods/products listed in Annex IV.
Additional items may be subject to export controls
National authorities may require export controls on unlisted dual-use items (see Articles 4 & 8 of Regulation 428/2009). Exporters should therefore refer to their relevant national rules and check the situation with regard to their specific transactions.
Such ad-hoc controls may apply where there is a risk that an export to a specific end-user might be diverted for use in a weapon of mass destruction, in violation of an embargo or in certain other situations specified in the Regulation.
Specific national rules
Individual EU countries may keep in place certain specific national rules. Such rules can apply to additional items to be controlled (Articles 4 & 8). They can require goods to be checked at specific border points (Article 17). They can introduce additional checks inside the EU (Article 11).
The European Commission trade website (http://ec.europa.eu/trade/creating-opportunities/trade-topics/dual-use/ ) has links to the relevant governing body for each EU member state.
Where you are exporting the above products from the EU it is your responsibility to familiarise yourself with the applicable legislation and ensure that the appropriate license has been applied for/received from the appropriate national authorities prior to shipment.