Technical assistance relating to defence-related products
Last update
The technical assistance is prohibited where it is linked to certain military end-uses.
Restrictive measures (either a prohibition, or a prior authorisation) have as well been put in place for technical assistance services provided to certain countries.
Who is concerned
1. Any operator (natural or legal person residing or established in the Grand Duchy of Luxembourg) who provides, directly or indirectly, technical assistance, including in an oral form:
- outside the European Union;
- for the benefit of a national of a country other than a Member State of the European Union;
in the form of:
- instruction;
- training;
- transmission of working knowledge or skills;
- consulting services;
related to:
- repairs;
- development;
- manufacture;
- assembly;
- testing;
- maintenance; or
- any other technical service;
where:
- it is or may be intended to contribute to the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons; or
- the country of destination is subject to an arms embargo decided by a common position or joint action adopted by the Council of the European Union, or a decision of the Organisation for Security and Cooperation in Europe, or imposed by a binding resolution of the United Nations Security Council, and, if such technical assistance is or may be related to a military end-use.
Exemption: shall not be prohibited:
- technical assistance provided to one of the following countries:
- Australia;
- Canada;
- Japan;
- New Zealand;
- Norway;
- Switzerland, including Lichtenstein;
- the United States of America; or
- technical assistance where it takes the form of transferring information that is in the public domain or constitutes basic scientific research; or
- technical assistance where it is in oral form and not related to one or more export control regimes, bodies and treaties: Australia Group, Missile Technology Control Regime (MTCR), Nuclear Suppliers Group (NSG), Wassenaar Arrangement, Zangger Committee and Chemical Weapons Convention.
2. Any operator who wishes to provide technical assistance related to defence-related products to a country in respect of which restrictive measures are in place:
Prerequisites
Preliminary steps
In order to be able to submit the application electronically, the operator must first make an express request (on free paper or by email) to OCEIT and get their approval.
Costs
Neither the application for authorisation nor the issuance of the technical assistance authorisation by OCEIT give rise to the levying of any taxes or fees.
How to proceed
Submitting the application
Operators must submit their application for an individual or global authorisation to OCEIT using the application form.
The application is made by mail or electronically (if the operator has previously obtained OCEIT’s approval).
The application must be signed by a person authorised to commit the applicant. By this signature, the applicant certifies the accuracy of the information provided in the application and that of the content of any documents attached to it. They also undertake to provide the goods concerned with a destination in accordance with their application.
Supporting documents
The supporting documents to be attached to the application for an individual or global authorisation are the following:
- detailed explanatory letter of the operation;
- invoice / pro forma invoice;
- services/sales agreement;
- recent extract from RCS (less than 3 months).
Deadlines for reply
Any application for an individual or global authorisation shall be acknowledged by OCEIT.
In case of an incomplete application, the applicant will be informed of the need to provide additional documents and any consequences for the period for processing the application.
The application for authorisation will be processed within 60 working days of the day on which the file is complete.
This 60 day period may be extended for a maximum of 30 working days. The extension and its duration shall be duly reasoned and notified by OCEIT before the expiry of the initial period. In the absence of a reply within the period provided for, the application for authorisation shall be considered as granted.
Duration of validity
Authorisations shall be valid:
- 1 year for individual authorisations, renewable for a period of 6 months;
- 3 years for global authorisations, renewable for a period of 18 months.
Obligations
Operators must transmit the obsolete authorisation in their possession to OCEIT 10 working days after the expiry date at the latest.
Operators must report the loss of any permit documents to OCEIT.
Operators must comply with the special conditions contained in the authorisation.
Operators must keep the registers for a period of 10 years from the end of the calendar year in which the transaction took place. The register must be kept at the broker’s registered office or place of establishment, for the duration of their activity. They must present them, and provide a copy thereof, to the ministers at their request during that period. When they cease their activity, they must hand over the register to the Minister of the Economy.
Operators must provide, without delay, at the first request of the ministers or OCEIT, any elements and documents necessary to verify the conformity of the operation carried out or foreseen.
Litigation
In the event the authorisation is denied, a legal action may be lodged, by an Avocat à la Cour, against the administrative decision within the period of 3 months from the date of the notification of the administrative decision to the concerned person.
Sanctions
A prohibition (limited to 6 months or definite) or another restriction to carry out one or more activities, and/or the suspension for a maximum period of 6 months from the use of a general European Union or national authorisation, or a global authorisation, and/ or a penalty payment (which cannot be higher than EUR 1,250 per day, but cannot exceed EUR 25,000) may be pronounced against anyone who:
- refuses to provide the documents or other information requested of them by the ministers or OCEIT;
- provides the ministers or OCEIT with documents or other information that is found to be incomplete or false;
- impedes the exercise of the powers of the ministers or OCEIT;
- does not follow the orders of the ministers or OCEIT.
Anyone providing technical assistance concerning defence-related products without the required authorisation or without complying with the prohibition applicable to the operation is liable to a prison sentence of between 5 and 10 years and/or a fine of between EUR 25,000 and EUR 1,000,000.
Anyone who fails to comply with a restrictive measure adopted against a particular country is liable to a prison sentence of between 8 days and 5 years and/or a fine of between EUR 251 and 250,000 (which may be increased to four times the amount of the offence if the offence has resulted in substantial financial gain).
May be punished by an imprisonment of 6 months to 5 years and/or a fine of EUR 7,500 to EUR 75,000, anyone who:
- fails to keep the registers or does not keep them during the period of 10 years (starting with the end of the calendar year during which the operation took place);
- fails to present the registers at the first request of the ministers;
- omits, repeatedly or significantly, to fill in one or more of the mandatory information in the registers;
- provides, in the context of an application for authorisation, information that is false or incomplete;
- does not fulfil the commitments made in the declarations of use and applications for authorisation submitted to the ministers;
- fails to provide information within the time limits and in the manner set out.
Review of the file
The ministers may, at any time, withdraw, suspend for a period not exceeding 90 days or restrict the use of the authorisations they have issued.
Such a review may happen in exceptional circumstances justifying urgent measures, for reasons of protection of the essential security interests of the State, for reasons of public order or national or eternal security, such as transport safety, storage safety, the risk of diversion, the prevention of crime, or for non-compliance with the conditions specified in the authorisation.
Online services and forms
Who to contact
General Directorate for the Promotion of Foreign Trade and Investments (Office for Export, Import and Transit Controls - formerly the Licensing Office)
-
Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade Office for Export, Import and Transit Control (OCEIT)
- Address:
- Bâtiment "Mansfeld", 9, rue du Palais de Justice L-1841 Luxembourg Luxembourg
- Email address:
- oceit@mae.etat.lu
Related procedures and links
Procedures
Links
Legal references
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Action commune 2000/401/PESC du Conseil du 22 juin 2000
relative au contrôle de l’assistance technique liée à certaines destinations finales militaires
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Loi modifiée du 27 juin 2018
relative au contrôle des exportations
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Règlement grand-ducal modifié du 14 décembre 2018 relatif au contrôle des exportations
Les modifications de ce règlement sont consultables sur Legilux en cliquant sur le symbole "modifié par" dans la page de publication du règlement grand-ducal du 14 décembre 2018
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Avis officiel
conformément à l'article 22, paragraphe 2, de la loi modifiée du 27 juin 2018 relative au contrôle des exportations
