SWEDEN Law and Practice Contributed by: Annika Blomqvist, Sanna Frånlund, Henrik Lindstrand and Viktor Eriksson, Advokatfirman Cederquist
taxes or social-security contributions, or where the tenderer has been found not to possess the reliability necessary to exclude risks to the security of Sweden. Applicable EU sanctions may also prohibit the award or performance of a contract involving a sanctioned person or entity. 2.11 Transparency and Confidentiality Under LUFS, procurement documents are generally subject to prior publication and transparency require - ments, although the legislation also allows contract - ing authorities and entities to require that tenderers protect security classified information disclosed dur - ing the procurement, during the performance of the contract and after the contract has been completed or terminated. The Swedish Protective Security Act may require that a protective security agreement be signed before access is granted to security-classed information. The Swedish Public Access to Information and Secre - cy Act may also provide grounds for keeping infor - mation confidential during and after a procurement procedure. 2.12 Modification and Termination of Defence Contracts LUFS does not contain any provisions specifically allowing for modifications of public contracts. How - ever, it follows from Court of Justice of the European Union (CJEU) case law that modifications may be made under certain circumstances. 2.13 Challenging Defence Procurement Decisions A supplier that has suffered, or risks suffering, harm from an alleged breach of LUFS may apply for review before the general administrative court in whose juris - diction the contracting authority or entity is estab - lished. The court may order the procurement to be corrected or recommenced, and may grant interim relief. Follow - ing contract conclusion, it may declare the contract ineffective in specified circumstances, including an
unlawful negotiated procedure without prior publica - tion.
3. Export Controls and Dual-Use Items 3.1 Export Control Legislation and Regulatory Framework The principal legislation governing military equipment is the Military Equipment Act and the Military Equip - ment Ordinance. Dual-use items are governed by the EU Dual-Use Regulation and complementary Swedish legislation. ISP is the authority responsible for export control and military equipment matters. 3.2 Scope of Controls: Military and Dual-Use Lists The Military Equipment Ordinance has an annex list - ing military equipment within the scope of the regula - tion. The Annex is continuously updated to ensure adherence to international obligations, and it requires a decision from the government to be updated. Dual- use items are identified by reference to Annex I to the EU Dual-Use Regulation. 3.3 Licence Requirements In relation to export and transport authorisation, there are three types of licences: • individual authorisation, a licence for a particular transaction; • global authorisation, a licence for multiple transac - tions valid for three years; and • general authorisation, a licence for certain intra- EEA transfers that does not require an individual application but prior notification. 3.4 Licence Application Process An application for a licence is made to ISP, and it is advisable to notify the authority early to ensure a smooth process. ISP may also provide an advance ruling. The application should contain information about the contract (including basic information about parties and products) and appropriate end-user docu - mentation.
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