Transfer of defence-related products

Large businesses

Self-employed

SMEs

The transfer of defence-related products is either prohibited, or subject to a prior ministerial authorisation, or not restricted at all if certain conditions are met. The type of restriction is dependent on the concerned category of defence-related products.

Any application for authorisation shall be submitted to OCEIT using an available application form. The application for authorisation shall be processed within 60 working days of the day on which the file is complete. The individual authorisation is valid for 1 year, the global authorisation is valid for 3 years, renewable.

For certain products and certain destinations, general transfer authorisations of the Grand Duchy of Luxembourg (AGTF001 to 004) may be used by the supplier. In such a case, a prior registration with OCEIT shall be required by using the declaration form. The registration is automatic and shall be notified by OCEIT at the latest 10 working days following the receipt of the registration declaration. The general transfer authorisations of the Grand Duchy of Luxembourg (AGTF) are not time limited.

Who is concerned

Any supplier who wishes to transfer a defence-related product must have a prior authorisation.

Exemption

No ministeral authorisation shall be required:

for the purposes of passing through the Grand Duchy of Luxembourg;
if the supplier and the recipient are governmental bodies or are part of the armed forces;
where supplies are made by the European Union, NATO, the International Atomic Energy Agency or other intergovernmental organizations for the performance of their tasks.
where the transfer is necessary for the implementation of an armament cooperation program between Member States of the European Union;
where the transfer is linked to humanitarian aid in the case of a disaster;
where the transfer is made as a donation in an emergency;
for a transfer of defence-related products from the Grand Duchy of Luxembourg with as final destination Belgium or the Netherlands.

Prohibition

Shall be prohibited the transfer of 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.

Preliminary steps

Before using a general transfer authorisation of the Grand Duchy of Luxembourg (AGTF) for defence-related products, the supplier must register with OCEIT.

In order to be able to submit the application electronically, the supplier must first make an express request (on free paper or by email) to OCEIT and get their approval.

Deadlines

The registration with OCEIT must take place at the latest 10 working days before the first use of the general transfer authorisation of the Grand Duchy of Luxembourg (AGTF).

Costs

Neither the application for authorisation nor the issuance of the transfer authorisation by OCEIT, nor the prior registration before the use of the general transfer authorisation of the Grand Duchy of Luxembourg (AGTF), nor the notification of the registration by OCEIT, shall give rise to the levying of any taxes or fees.

How to proceed

Submission of the application

The supplier shall submit his/her application for an individual or global authorisation to OCEIT using the application form.

The registration for the use of a general transfer authorisation of the Grand Duchy of Luxembourg (AGTF) shall be submitted to OCEIT by using the declaration form. This authorisation is only valid for certain defence-related products and for certain destinations:

Defence-related products concerned

AGTF1 Transfer of defence-related products to recipients being part of armed forces of a European Union Member State or a contracting authority in the defence sector purchasing for the exclusive purpose of use by armed forces of a European Union Member State

AGTF2 Transfer towards recipients certified in accordance with Article 9 of Directive 2009/43/EC

All the following products listed in the Common Military List of the European Union:

ML 4. Sub points (a) and (b). All goods are included, except:
- Mines;
- Cluster munitions, explosive bomblets and submunitions and their specially designed components;
- Rifle grenades and hand grenades;
- Torpedoes, torpedoes without warheads and torpedoes bodies;
- Bombs;
- Guided, unguided and other projectiles (ie. rockets, missiles, MANPADS, …);
- Infantry explosive devices, adhesive and hollow charges.

Are also excluded for these weapons:

War heads and explosives charges;
Ignition charges;
Target detection heads, guidance systems, homing devices - Individual rocket stages;
Re-entry vehicles;
Engines;
Thrust vector control systems;
Launchers and launching devices;
Laying, decoying, jamming or disrupting systems;
Specially designed components for MANPADS.

ML 5. All goods are included, except:
- Countermeasure products;
- Equipment and components excluded from other categories in the same general transfer licence.
ML 6. All goods are included, except:
- Complete vehicles;
- Chassis and turrets;
- Equipment and components excluded from other categories in the same general transfer licence.
ML 7. Sub point (g).

ML 9. All goods, except:
- Complete vessels and submarines;
- Underwater detection devices and their specially designed components;
- Air Independent Propulsion systems for submarine and their specially designed components;
- Complete hulls;
- Countermeasures;
- Equipment and components excluded from other categories in the same general transfer license.
ML 10. All goods, except:
- Complete aircraft;
- Complete UAVs and components specially designed or modified for UAVs;
- Fuselage for combat aircraft and combat helicopter;
- Engines for combat aircraft;
- Equipment and components excluded from other categories in the same general transfer license.
ML 11. Sub point (a). Only the following goods:
- Guidance and navigation equipment, except systems for MANPADS or as defined by MTCR I;
- Automated command and control systems.
ML 13. Sub points (c) and (d).

ML 14. All goods, except MANDPADS trainers.

ML 15. Sub points (b), (c), (d) and (e).

ML 16. All goods, except:
- MANPADS related goods;
- Any items relating to goods the export of which is not allowed in the same general transfer licence
ML 17. Sub points (a), (b), (d), (e), (j), (k), (l), (m), (n), (o) and (p). All goods, except:
- Sub point (n): Test models are excluded if specially designed for the development of items specified by ML4, 6, 9 or 10 as well as components specially designed for these test models.
ML 21. Sub point (a) and (b). Only the following goods and only if authorised from other categories in the present general licence:

(a) ‘Software’ specially designed or modified for any of the following: operation or maintenance of equipment laid down in the Annex to Directive 2009/43/EC;

(b) Specific ‘software’, other than the software specified by ML21.a., as follows:

‘Software’ specially designed for military use and specially designed for modelling, simulating or evaluating military weapon systems;

‘Software’ specially designed for military use and specially designed for Command, Communications, Control and Intelligence (C3I) or Command, Communications, Control, Computer and Intelligence (C4I) application

ML 22. Sub point (a). All technologies except those required for development and production and only if authorised from other categories in the same general transfer licence.

All the following products listed in the Common Military List of the European Union:

ML 6. All goods are included, except:
- Complete vehicles;
- Chassis and turrets;
- Equipment and components excluded from other categories in the same general transfer license.
ML 9. All goods are included, except:
- Complete vessels and submarines;
- Underwater detection devices and their specially designed components;
- Air Independent Propulsion systems for submarine and their specially designed components;
- Complete hulls;
- Countermeasures;
- Equipment and components excluded from other categories in the same general transfer license.
ML 10. All goods, except:
- Complete aircraft;
- Complete UAVs and components specially designed or modified for UAVs;
- Fuselage for combat aircraft and combat helicopter;
- Engines for combat aircraft;
- Equipment and components excluded from other categories in the same general transfer license.
ML 11. Sub point (a). Only the following goods:
- Guidance and navigation equipment, except systems for MANPADS or as defined by MTCR I;
- Automated command and control systems.
ML 13. Sub points (c) and (d).
ML 15. Sub points (b), (c) and (d).
ML 16. All goods, except:
- MANPADS related goods;
- Any items relating to goods the export of which is not allowed in the same general transfer licence

AGTF3 Transfer of defence-related products for demonstration, evaluation or exhibition purposes,

AGTF4 Transfer of defence-related products for maintenance or repair purposes, if the recipient is the original supplier of these products

All defence-related products, including components and technology, except:

equipment listed in category ML 4, point a) (aircraft protection systems);
equipment listed in category ML 7;
equipment listed in category ML 9, point a) (complete vessels, surface or underwater);
equipment listed in category ML 10, points a), b) and c) (aircraft, lighter-than-air vehicles, unmanned aerial vehicles);
equipment listed in category ML 17, point g);
the technology necessary for the development, production or use of goods listed in points 1 to 5.

All defence-related products, including components and technology, except:

equipment listed in category ML 4, point a) (aircraft protection systems);
equipment listed in category ML 7;
equipment listed in category ML 9, point a) (complete vessels, surface or underwater);
equipment listed in category ML 10, points a), b) and c) (aircraft, lighter-than-air vehicles, unmanned aerial vehicles);
equipment listed in category ML 17, point g);
the technology necessary for the development, production or use of goods listed in points 1 to 5.

Destinations concerned

AGTF2 Transfer towards recipients certified in accordance with Article 9 of Directive 2009/43/EC

All transfers operated by suppliers having their registered office in the Grand Duchy of Luxembourg towards recipients established in the Member States of the European Economic Area (EU-27 + Iceland and Norway) who form part of the armed forces of a Member State or of a contracting authority within the meaning of Article 6 of the Law of 3 July 2018 on the award of concession contracts and who make purchases for the sole purpose of use by the armed forces of a Member State of the European Economic Area (EU-27 + Iceland and Norway).

All transfers operated by suppliers having their registered office in the Grand Duchy of Luxembourg towards recipients established in the Member States of the European Economic Area (EU-27 + Iceland and Norway) who are holding a certificate issued by a Member State of the European Economic Area (EU-27 + Iceland and Norway) in accordance with Article 9 of Directive 2009/43/EC of the European Parliament and the Council of 6 May 2009 simplifying the terms and conditions of transfers of defence-related products within the Community.

AGTF3 Transfer of defence-related products for demonstration, evaluation or exhibition purposes,

AGTF4 Transfer of defence-related products for maintenance or repair purposes, if the recipient is the original supplier of these products

All transfers made for maintenance or repair purposes by suppliers having their registered office in the Grand Duchy of Luxembourg towards recipients established in the European Union Member States who organize a demonstration (meaning here, a closed presentation of defence-related products in a non-public space to a restricted number of potential recipients), an exhibition (meaning here, a commercial event of a specific duration at which several exhibitors male demonstrations of their products to trade visitors or to the general public) or an evaluation (meaning here, the temporary use of a defence-related product for the purpose to share test results) in a European Union Member State.

The application is made by mail or electronically (if the supplier has previously obtained OCEIT’s approval).

The application (or the declaration) shall 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. He/she undertakes as well to provide the goods concerned with a destination in accordance with his/her 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;
end-use certificate (or, after an approval from OCEIT , an exporter’s commitment);
invoice / proforma invoice;
sales agreement;
recent extract from RCS (less than 3 months).

The supporting documents to be attached to the registration declaration for the use of a general transfer authorisation of the Grand Duchy of Luxembourg (AGTF) are the following:

detailed explanatory letter of the operation;
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 shall be informed of the need to provide additional documents and any consequences for the period for processing the application.

The application for authorisation shall 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.

The registration for the use of a general transfer authorisation of the Grand Duchy of Luxembourg (AGTF) is automatic and shall be notified by OCEIT as soon as possible, but at the latest 10 working days following the receipt of the registration declaration.

Validity period

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.

The general transfer authorisations of the Grand Duchy of Luxembourg (AGTF) are not time limited.

Obligations

The supplier using a general transfer authorisation shall, within 30 working days after the first transfer, inform OCEIT of the first use of the general transfer authorisation.

The supplier shall transmit to OCEIT, at the latest 10 working days after the expiry date, the obsolete authorisation which is in his/her possession.

The supplier shall report to OCEIT the loss of any authorisation document.

The supplier must comply with the special conditions contained in the authorisation.

The supplier shall provide OCEIT by 31 January of each year with information on transfers made on the basis of the general transfer authorisation during the previous year.

the description of the defence-related products and their references in the Common Military List of the European Union or in the national list;
the quantity and value of the exported products;
the dates of transfer;
the end-use and the end-user of the goods, and provide OCEIT with any other relevant document or additional data relating to such exports.

The supplier shall keep detailed and complete registers of operations carried out pursuant to the authorisation. These registers shall contain the commercial documents, such as invoices, manifests, transport documents or other shipping documents, showing the following information:

the description of the defence-related products and their references in the Common Military List of the European Union or in the national list;
the quantity and value of the exported products;
the dates of transfer;
the end-use and end-user of the goods.

The supplier shall keep the registers for a period of 10 years from the end of the calendar year in which the transaction took place. He/she shall present them to the ministers at their request during that period.

The supplier shall provide, without delay, at the first request of the ministers or OCEIT, the elements and documents necessary to verify the conformity of the operation carried out or foreseen.

Disputes

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.

Penalties

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.

May be punished by an imprisonment of 5 to 10 years and/or a fine of EUR 25,000 to EUR 1,000,000, anyone who:

is transferring defence-related products without having been granted the required authorisation or without respecting the prohibition applicable to the operation;
is transferring defence-related products to a non-certified recipient of defence-related products.

May be punished by an imprisonment of 8 days to 3 years and/or a fine of EUR 5.000 to EUR 50.000, anyone who:

fails to register with OCEIT before using he general transfer authorisation for the first time;
fails to provide OCEIT with the information concerning transfers made on the basis of the general or global transfer authorisation.

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 ear 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.

Forms / Online services

Annexe 4 - Produits liés à la défense exportation - transit - transfert demande d'autorisation

Annexe 4 PRODUITS LIÉS À LA DÉFENSE EXPORTATION / TRANSIT / TRANSFERT DEMANDE D'AUTORISATION

Télécharger le formulaire PDF, 476 Kb

Annexe 7 - Produits liés à la défense - Transfert - Formulaire d'enregistrement pour bénéficier des autorisations générales de transfert AGTF1, AGTF2, AGTF3, AGTF4

Télécharger le formulaire PDF, 440 Kb

Annexe 27 - Produits liés à la défense - biens à double usage Engagement de l'exportateur

Annexe 27 - PRODUITS LIÉS À LA DÉFENSE / BIENS À DOUBLE USAGE ENGAGEMENT DE L'EXPORTATEUR

Télécharger le formulaire PDF, 465 Kb

Annexe 26 - Defence-related products - End-use Certificate

Download the form PDF, 445 Kb

Annexe 26 - Produits liés à la défense - Certificat d'utilisation finale

Annexe 26 - PRODUITS LIÉS À LA DÉFENSE CERTIFICAT D'UTILISATION FINALE

Télécharger le formulaire PDF, 369 Kb

Item classification sheet

Download the form WORD, 13 Kb

Fiche de classification du bien