Definition
All articles, devices and materials used for attacking or defending (weapons) and all clothing, materials, and vehicles used in the exercise of a military activity (equipment) are grouped under the generic expression "defense-related products".
The weapons can be lethal (able to cause death or at least serious injuries) or nonlethal (designed to prevent causing death or serious injuries, and used mainly for dissuasion, in particular in the streets during uprisings or popular revolts).
The law specifies a list of products considered as arms, ammunition, related equipment and technologies that are specifically intended for military purposes. These goods are therefore different from civil arms.
Obligations and controls
The import, export, intra-community transit and transfer of these goods requires authorization from the Control Office for exports, imports and transit of the Ministry of the Economy.
This office will verify the codes of the goods according to the tariff nomenclature as well as the common list of military equipment of the European Union (EU), the validity of the authorizations issued by foreign authorities, the destination and final use of the goods.
They will also ensure compliance with embargoes on the countries concerned and deliver authorizations relating to technical assistance and the intangible transfer of technology as well as brokering authorizations relating to these goods.
Related documents
Any organization that wishes to export defense-related products must obtain an export authorization.
If the organization in question wishes to import such items, they must apply for an import authorization. If defense-related products must transit between two countries of the EU following importation or in view of exportation, a transit authorization is then necessary.
When these products are moved from one Member State to another without leaving the EU, an intra-Community transfer authorization is necessary.
Related procedures
The following procedures relating to defense-related products are described on the Guichet.lu website:
- application for authorization to export defense-related products
- application for authorization to import defense-related products
- application for an intra-Community transfer authorization for defense-related products
- application for a transit authorization for military equipment
- application for a transit authorization for dual-use goods.
Related organizations
The import, export, transit and transfer of defense-related products falls under the responsibility of the Control Office for exports, imports and transit of the Ministry of the Economy.