Government Decree of 25 October 2023 on the creation, composition and functioning of the inter-ministerial coordination group on export control

Government Decree of 25 October 2023 on the creation, composition and functioning of the inter-ministerial coordination group on export control

Art. 1er.

The  Minister  responsible  for  Foreign  Trade  and  the  Minister  responsible  for  Foreign  Affairs  shall  be  advised  by  an  inter-ministerial  coordination  group  on  export  control,  hereinafter  referred  to  as  the  “group”,  which  consists  of  six  effective members, namely:

1. a representative of the Minister responsible for Foreign Affairs;
2. a representative of the Minister responsible for Foreign Trade;
3. a representative of the Minister responsible for Finance;
4. a representative of the Minister responsible for the State Intelligence Service;
5. a  representative  of  the  Minister  responsible  for  the  Customs  and  Excise  Administration;
6. a representative of the Minister responsible for Justice.

Within the framework of this mission, the group shall be asked to

1. give  an  opinion  on  substantial  changes  to  the  national  and  international  legislative and regulatory framework for export controls;
2. give its opinion on applications for authorisation under the amended law of 27 June 2018 on export controls, insofar as they raise questions of principle or are highly complex.

The members of the group shall exchange among themselves any information useful for consultation between Luxembourg public actors dealing with export control and proliferation prevention issues.

Art. 2.

The  members  of  the  group  shall  be  appointed  by  Government decree, on the proposal of the  Minister  responsible  for  Foreign Trade and the Minister responsible for Foreign Affairs.  The  term  of  office  shall  be  four  years,  renewable. In the event of early termination of a member’s term of office, the new incumbent appointed in the forms of this article shall terminate the term of office of the member he or she replaces

Art. 3.

To  each  full  member  shall  be  attached  a  deputy  member,  appointed  in  accordance with Article 2. The deputy member may accompany the full member to meetings of the group and replaces the full member if he or she is unable to attend.

Art. 4.

The member appointed by the Minister responsible for Foreign Trade shall chair the group. He or she shall convene the group, set the schedule and agenda for the meetings and direct the discussions.

The  vice-presidency  of  the  group  shall  be  held  by  the  member appointed by  the  Minister  responsible  for  Foreign  Affairs.  The  Vice-President  shall replace  the  President in the event of the latter’s incapacity.

Art. 5.

If  necessary,  the  group  may  bring  in  representatives  of  other  ministries  or  administrations, depending on the topics covered.

It may involve external experts to whom it may entrust specific information and consultation missions.

Art. 6.

The secretariat of the group  shall  be  provided  by  the member appointed by  the  Minister  responsible  for  Foreign Affairs.

Minutes of the group’s meetings shall be drawn up by the Secretary and sent within 15 working days of the meeting to the full and deputy members of the group.

These draft minutes, together with  the  comments  made  on  them  by  the  members  who  attended  the deliberations and vote, shall be submitted to the group for approval at the following meeting and shall be attached to the invitation.

Art. 7.

The group shall meet as  often  as  its  mission  requires.  The  group  shall  meet  when  convened  by  its  President or Vice-President. The notice of meeting shall state the agenda of the meeting.

All  agendas  shall  include  a  final  item  “Right  of  initiative  of  the  members  of  the  group”.  During  the discussion of this item, any member of the group may speak on items not included on the agenda and which fall within the remit of the group.

Any  request  for  the  inclusion  of  an  additional  item  on  the  agenda  must  reach  the  president  at  least  two  working  days  before  the  meeting.  This  request  shall  briefly  explain  the  purpose  of  the  item  and  the  time  needed  for its  presentation  during  the  meeting. The updated agenda shall be circulated to the members of the group, if possible, one working day before the date of the meeting.

Art. 8.

The  group  may  establish rules of procedure or determine the modalities of its operation by such means as it deems appropriate.

Art. 9.

The  opinion  of  the  group may, on the initiative of the President, be obtained in writing. The President may decide in this context that, at the end of a period which he or she fixes, the absence of an opinion of a member shall be considered as a positive opinion on the opinions requested.

Art. 10.

This decree shall be published in the Official Journal of the Grand Duchy of Luxembourg.

Initial version

Government Decree of 25 October 2023 on the creation, composition and functioning of the inter-ministerial coordination group on export control

Official Journal of the Grand Duchy of Luxembourg No A-721