Definition of defence-related products
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Are considered defence-related products:
- goods included in the Common Military List of the European Union;
- environmental modification techniques used for military or other hostile purposes and having widespread, long-term or severe effects as a means of causing destruction, damage or injury to any State, such as defined by the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, adopted on 10 December 1976;
- goods listed in the United Nations Register of Conventional Arms;
- goods which may be used for internal repressive purposes or the use of which poses a direct threat to public order or national or external security, the list of which is established by a Grand-Ducal regulation (to this day, no goods falls under this category as no Grand-Ducal regulation has been published to this effect).
Goods included in the Common Military List of the European Union
Goods are listed in 22 different categories:
- ML1 - Smooth-bore weapons with a calibre of less than 20 mm, other arms and automatic weapons with a calibre of 12,7 mm (calibre 0,50 inches) or less and accessories, as follows, and specially designed components therefor;
- ML2 - Smooth-bore weapons with a calibre of 20 mm or more, other weapons or armament with a calibre greater than 12,7 mm (calibre 0,50 inches), projectors and accessories, as follows, and specially designed components therefor;
- ML3 - Ammunition and fuze setting devices, as follows, and specially designed components therefor;
- ML4 - Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor;
- ML5 - Fire control, alerting and warning equipment, and related test and alignment and countermeasure systems and equipment, as follows, specially designed for military use, and specially designed components and accessories therefor;
- ML6 - Ground vehicles and components;
- ML7 - Chemical or biological toxic agents, "riot control agents", radioactive materials, related equipment, components and materials;
- ML8 - Energetic materials, and related substances;
- ML9 - Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels;
- ML10 - Aircraft, lighter-than-air vehicles, Unmanned Aerial Vehicles ("UAVs"), aero-engines and aircraft equipment, related equipment, and components, specially designed or modified for military use;
- ML11 - Electronic equipment, "spacecraft" and components, not specified elsewhere on the EU Common Military List;
- ML12 - High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor;
- ML13 - Armoured or protective equipment, constructions and components;
- ML14 - Specialised equipment for military training or for simulating military scenarios, simulators specially designed for training in the use of any firearm or weapon specified by ML1 or ML2, and specially designed components and accessories therefor;
- ML15 - Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor;
- ML16 - Forgings, castings and other unfinished products, specially designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19;
- ML17 - Miscellaneous equipment, materials and libraries, and specially designed components therefor;
- ML18 - Production equipment and components;
- ML19 - Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, and specially designed components therefor;
- ML20 - Cryogenic and superconductive equipment, and specially designed components and accessories therefor;
- ML21 - Software;
- ML22 - Technology.
Attention: the list to consider is the list established by the Council of the European Union on the basis of Council Common Position 2008/944/CFSP (defining common rules governing the control of exports of military technology and equipment). The latest version was adopted by the Council on 21 February 2022.
Environmental modification techniques
These are techniques for changing – through the deliberate manipulation of natural processes – the dynamics, composition or structure of the Earth, including its biota, lithosphere, hydrosphere and atmosphere, or of outer space.
Goods listed in the United Nations Register of Conventional Arms
These products are listed in 9 different categories:
- battle tanks;
- armoured combat vehicles;
- large-calibre artillery systems;
- combat aircraft and unmanned combat air vehicles;
- attack helicopters;
- warships;
- missiles and missile launchers;
- small arms (revolvers and self-loading pistols, rifles and carbines, sub-machine guns, assault rifles, light machine guns);
- light weapons (heavy machine guns, hand-held under-barrel and mounted grenade launchers, portable anti-tank guns, recoilless rifles, portable anti-tank missile launchers and rocket systems, mortars of calibres less than 75 mm).
Goods which may be used for internal repressive purposes or the use of which poses a direct threat to public order or national or external security, the list of which is established by a Grand Ducal regulation.
The law of 27 June 2018 foresees a fourth category of defence-related products. However, no good is currently in that category list, by lack of the Grand-Ducal Regulation.
Excluded goods
The weapons and ammunition covered by the amended law of 15 March 1983 on arms and ammunition shall not be considered to be defence-related products.
Who to contact
General Directorate for the Promotion of Foreign Trade and Investments (Office for Export, Import and Transit Controls - formerly the Licensing Office)
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Ministry of the Economy Office for Export, Import and Transit Control (OCEIT)
- Address:
- Bâtiment "Mansfeld", 9, rue du Palais de Justice L-1841 Luxembourg Luxembourg
Related procedures and links
Procedures
Links
Further information
on the United Nations website
Legal references
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Position commune 2008/944/PESC du Conseil
définissant des règles communes régissant le contrôle des exportations de technologie et d'équipements militaires
- Liste commune des équipements militaires de l’Union européenne
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Convention sur l'interdiction d'utiliser des techniques de modification de l'environnement à des fins militaires ou toutes autres fins hostiles
adoptée le 10 décembre 1976
- Traité sur le commerce des armes du 2 avril 2013
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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
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