NEW COMPETENCE OF THE BCR
Since 1 October 2004 the External Relations Department of the Ministry of the Brussels Capital Region deals with the grants for import, export and transit licences for weapons and related materials as well as dual-use items and technologies.
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Import, export and transit licence for weapons and related materials:
The Belgian Law of 5 August 1991 relating to the import, export and transit of weapons not only concerns complete portable weapons but also, and in all cases, their spare parts, their ammunition and their components. This legislation also concerns military equipment and related technologies.
Licence for the export and transit of dual-use items and technologies:
Regulation (EC) No 1334/2000 applies to strategic items (ex-CoCom products), nuclear products (NSG group), MTCR products (missile technology) and the products of the Australia Group (key precursors for chemical weapons). This Regulation (EC) No 1334/2000 also applies to the technologies related to these products.
You can consult the Regulation and its corrigendum.
WHO HAS TO TAKE CARE OF THE FORMALITIES?
The formalities imperatively have to be taken care of by the importer or exporter, namely the natural or legal person who owns the goods or who has a similar right to them when the import or export authorisation has been accepted.
Only natural persons who have their residence in the Brussels Capital Region and companies that have their registered office there can file an application for an authorisation.
As far as arms are concerned, arms dealers who sell arms or do a transaction (repair, transformation, loan, test, display, swap, gift, …) for a natural or legal person who does not have his/her residence in Belgium, will have to take care of all formalities necessary for obtaining an authorisation.
JUSTIFICATION OF THE LICENCES
When used or at the expiry date, all licences have to be sent back to the Ministry of the Brussels Capital Region. Export and transit licences have to be justified as explained on the backside of the Final export engagement (Delivery Verification Certificate / DVC) or a proof of the arrival of the goods in the country of destination. Licences for cargoes towards a EU-country need no justification. Licences that are granted in the context of Directive (EC) 477/91 just have to be filed by their holder for at least five years.
MORE INFORMATION
Ministry of the Brussels Capital Region
External Relations Department – Licenses Unit
Boulevard du Jardin Botanique 20
B – 1035 Brussels
Tel: 02 800.37.51 / 02 800.37.59
Fax: 02 800.38.24
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