It is the responsibility of the exporter to make sure that their product or technology is to be used in a civilian and peaceful context.
It is the exporters own responsibility to investigate whether specific exports of a product, a technology or technical assistance are subject to the export control rules.
The responsibility for the decision rests with the exporter, but there are good opportunities for receiving advice and guidance from relevant authorities.
Responsibility is decisive. Enterprises should, in particular, investigate whether a specific item or technology is subject to export control rules. If not, then the enterprise should investigate who the customer is, and ensure that the item or technology is to be used in a civilian and peaceful context. Not exclusively out of consideration for the enterprises criminal liability, but also in order not to damage the reputation of the enterprise and the Danish business community. In case of unusual circumstances relating to the customer or doubts as to the prospective application of the product, the authorities should be contacted for advice.
Consequences of violating the export control legislation
It may prove expensive, both financially and in terms of reputation to carry through an export order to a critical customer. By contrast, obtaining an export authorisation will prove that the enterprise has acted responsibly. An export authorisation is therefore a kind of insurance against undue criticism.
Non-compliance with the export authorisation requirement may involve criminal liability in the form of a fine or imprisonment of up to two years or six years in aggravating circumstances, cf. Danish Business Authority Executive Order No. 635 of 9 June 2011 on exports of dual-use items and technologies.