DENMARK Law and Practice Contributed by: Thomas Maaberg Hansen and Peter Sand, Gorrissen Federspiel
• respect for human rights and international humani - tarian law; • the internal situation and regional stability in the country of destination; and • national security. Dual-Use Items Applications are assessed on a case-by-case basis, considering the criteria set out in Article 15 of the EU Dual-Use Regulation. These criteria include: • applicable international obligations and commit - ments; • sanctions; • foreign and security policy considerations; • the intended end use and end user; and • the risk of diversion. 3.6 End-User Controls and Post-Shipment Verification Defence Goods and Military Equipment The standard forms available on the Danish National Police’s website should be used. Post-export verifica - tion can be conducted when non-compliance is sus - pected. Exporters must comply with the conditions of an export licence, including conducting appropriate checks on the recipient and the end use to ensure compliance. Dual-Use Items The standard forms available on the Danish Business Authority’s website should be used, including the standard end-user statement form, which the exporter may pre-populate before sending it to the end user for completion. The Danish Business Authority may request information and carry out checks for control purposes. Exporters must comply with the conditions of an export licence, including conducting appropri - ate checks on the recipient and the end use to ensure compliance. 3.7 Brokering and Intermediary Activities Defence Goods and Military Equipment Section 45 (a) of the Danish Weapons Act establishes authorisation and registration requirements for cer - tain weapons-brokering activities, including arrang - ing transactions involving weapons, essential com -
ponents and ammunition, and arranging their transfer between EU member states and third countries. Dual-Use Items Brokering activities involving dual-use items are sub - ject to the EU Dual-Use Regulation. As set out in Arti - cle 6 of the EU Dual-Use Regulation, authorisation is required in certain circumstances, including where the items may be intended for certain sensitive end uses. 3.8 Intra-Company and Intra-Group Transfers Defence Goods and Military Equipment There is no general exemption for intra-company or intra-group transfers of controlled defence goods or military equipment across borders. Dual-Use Items There is no general exemption for intra-company or intra-group transfers of controlled dual-use items across borders under the EU Dual-Use Regulation. A specific EU general export licence may be used for the transfer of certain types of software and technol - ogy between affiliated companies in certain countries. 3.9 Enforcement, Penalties and Voluntary Disclosure Defence Goods and Military Equipment Breaches of the Danish Weapons Act are punishable by a fine or imprisonment for up to four months or, in aggravated circumstances, imprisonment for up to two years. In particularly aggravating circumstances, the conduct may instead fall under Section 192 (a) of the Danish Criminal Code, which provides for impris - onment for up to 16 years. Dual-Use Items Pursuant to the Danish Enabling Act, breaches of the EU Dual-Use Regulation are punishable by a fine or imprisonment for up to four months or, in aggravated circumstances, imprisonment for up to two years. In particularly aggravating circumstances, the conduct may instead fall under Section 114 (h) of the Danish Criminal Code, which provides for imprisonment for up to eight years.
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