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LU - Grand Duke Regulation of 14 December 2018 on export control - EN
Luxembourg - Grand Duke Regulation of 14 December 2018 on export control
Version originale française / Deutsche Übersetzung / Document français-e nglish / Document français-deutsch .
Summary
Chap. 1 - Office for Export, Import and Transit Control (art. 1-2)
Chap. 2 - Restrictive measures (art. 3-4)
Chap. 3 - Processing applications. Authorization regimes (art. 5-16)
Chap. 5 -Amending provisions (art. 23)
Chap. 6 - Repealing provisions (art. 24)
Chap. 7 - Final provisions (art. 25-26)
Annex 3 - Goods of a strictly civilian nature - Import / Export / Transit - Authorization
Annex 4 - Defence-related products - Export / Transit / Transfer - Application for an authorization
Annex 5 - Defence-related products - Import - Application for an authorization
Annex 6 - Defence-related products - Export / Transit / Transfer / Import - Authorization
Annex 10 - Defence-related products - Register to keep by persons performing a brokering activity
Annex 14 - Dual-use items - Export / Transit - Application for an authorization
Annex 15 - Dual-use items - EU transfer - Application for an authorization
Annex 16 - Dual-use items – Export / Transit / EU transfer – Authorization
Annex 25 - Dual-use-items - End-use certificate
Annex 26 - Defence-related products – End-use certificate
Annex 27 - Defence-related products / Dual-use items – Commitment of the exporter
Annex 30 - Dual-use items – Import – Application for an authorization
Consolidated text (non official) up-to-date 1 September 2023
Chapter 1 - Office for Export, Import and Transit Control
Art. 1.
(1) There shall be established with the Minister responsible for Foreign Trade, an Office for Export, Import and Transit Control, hereinafter referred to as “Office”, whose mission is to implement the regime on import, export, transfer and transit of goods covered by the law of 27 June 2018 on export control, hereinafter referred to as “the law”, as well as the regime for technology transfer, technical assistance and brokering referred to in the law and regulations made thereunder, and to exercise in the Grand Duchy of Luxembourg the powers delegated to the Minister responsible for Foreign Trade and the Minister responsible for Foreign Affairs in implementation of decisions taken under Articles 34 and 35 of the Convention establishing an Economic Union between the Grand Duchy of Luxembourg and Belgium, signed in Brussels on 25 July 1921, approved by the law of 5 March 1922, as last amended by the Protocol amending the Consolidated Convention instituting the Belgium-Luxembourg Economic Union, signed in Brussels on 18 December 2002, approved by the law of 27 May 2004.
( mod. by Grand Duke Regulation of 15 January 2020, Art. 1, 1° ) The Office shall perform under the authority of the Minister responsible for Foreign Trade, the following tasks:
- manage the import and export quotas of goods covered by the law;
- prepare the authorizations provided by the law;
- establish or stamp certificates required for the purpose of international cooperation;
- compile statistics and reports relating to transactions within its jurisdiction;
- undertake awareness-raising activities for economic and public sector actors in the field of export control;
- inform operators on sensitive countries, on the procedures to be implemented under the catch-all clauses;
- communicate to the actors the possibility of obtaining, in order to complete their own assessment, an analysis of the client risk through an informal procedure;
- participate in the prevention of proliferation; 9. respond to the notification given by exporters based on of Articles 34 and 45 of the law.
(2) The head of the Office is an agent of remuneration category A or B. He / she is assisted by a deputy who is an agent of the same category or a lower category than that of the head.
Art. 2.
If the staff made available to the Office does not have the necessary technical, scientific or legal skills, the Office or the interdepartmental export control coordination group may appeal to other State administrations and, if necessary, to private sector specialists for any particular technical, scientific or legal mission. Administrations thus consulted shall provide the requested consultation to the Office within thirty working days following the receipt of the consultation request.
Chapter 2 - Restrictive measures
Art. 3.
The restrictive measures referred to in Article 19 of the law, shall apply to States, political regimes, individuals, groups and entities on the terms set out in Annex 1.
( mod. by Grand Duke regulation of 24 July 2020, art. 1 , 1° ) It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the restrictive measures laid down in Annex 1.
Art. 4.
(1) For the purposes of implementing this regulation, the Ministers respectively responsible for Foreign Trade, Foreign Affairs, Immigration and Asylum, Transport, Electronic and Postal Communications, shall be competent to deal, each of them regarding the duties assigned to him / her, with questions and disputes relating to the implementation of restrictive measures by the States, political regimes, individuals, groups and entities listed in Annex 1.
(2) Ministers respectively responsible for Foreign Trade, Foreign Affairs, Immigration and Asylum, Transport, Electronic and Postal Communications shall also be competent to issue exceptionally, each of them regarding the functions assigned to him / her, authorizations which are derogatory to the imposed restrictive measures, if the resolutions and acts referred to in Article 19 of the law allow such derogations and under the conditions specified therein.
Chapter 3 - Processing applications. Authorization regimes
Section 1 - Applications for authorizations
Art. 5.
Applications for individual and global authorizations as well as registration applications and supporting documents relating thereto shall be submitted on paper and, on prior request of the operator having received the Office’s consent, electronically under the conditions established by the Office. The Office may compel the production of an original for any document it considers necessary.
Art. 6.
Applications for authorization are accompanied by one or more of the following documents, according to the concerned good and the proposed transaction, and on the terms of Articles 7 to 11 below:
- the approval or authorization issued by the Minister responsible for Justice in accordance with the amended law of 15 March 1983 on arms and ammunition;
- a) an international import certificate issued by the Ministers in the form specified in Annex 24, at the request of the operator in the form specified in Annex 23; b) an international import certificate or other official document issued by the competent authorities of the country of final destination of the good;
- (mod. by Grand Duke regulation of 24 July 2020, art. 1er , 2° a)) an end-use certificate, according to the forms in Annexes 25 and 26, filled out and signed by the recipient, or the end-user if this one is known, of the good, including warranties as to the end-use of or exported good(s) and including a non re-export commitment, or, after prior consent by the Office, a commitment by the exporter established in the Grand duchy of Luxembourg, in the form specified in Annex 27, to export the good in accordance with the export request;
- an export license from the country of origin, document by which the competent authorities of the country of origin of the good certify that export to the country of destination is authorized; and
- any other document required by the Office for the preparation and understanding of the application file.
(mod. by Gran d Duke regulation of 24 July 2020, art. 1er , 2° b)) With the purpose to supplement applications submitted to the Office, the Minister responsible for Foreign Trade, the Minister responsible for Foreign Affairs and the Office may:
- collect from the operators any additional information on the operations referred,
- require the submission of detailed explanatory letters to these operations, and
- invite operators to present the measures taken, if any, in the framework of internal compliance programmes drawn up on the basis of Commission Recommendation (EU) 2019/1318 of 30 July 2019 on internal compliance programmes for dual-use trade controls under Council Regulation (EC) No 428/2009, Commission Recommendation 2011/24/EU of 11 January 2011 on the certification of defence undertakings under Article 9 of Directive 2009/43/EC of the European Parliament and of the Council simplifying terms and conditions of transfers of defence-related products within the Community, and the guidelines issued by the Ministers.
Art. 7.
Applications for authorization in connection with goods of a strictly civilian nature shall be introduced by using the form provided in Annex 2.
They shall be accompanied by the documents specified in Article 6, subparagraph 1, item 5 °.
Art. 8.
(1) Applications for authorization in relation to defence-related products shall be introduced by using the form provided in:
- Annex 4, when it comes to export, transit or transfer operations;
- Annex 5, when it comes to import operations.
They shall be accompanied:
- when it comes to an export operation to third countries, by the documents specified in Article 6, subparagraph 1, item 1, item 2b), items 3 and 5;
- when it comes to an import operation from third countries, the documents specified in Article 6, subparagraph 1, item 1, item 2a), items 4 and 5;
- when it comes to a transit from third countries, the documents specified in Article 6, subparagraph 1, items 4 and 5;
- when it comes to a transfer operation within the European Union as part of an application for individual or global transfer license, the documents specified in Article 6, subparagraph 1, items 1 and 5.
When it comes to an export operation to third countries, the documents specified in Article 6, subparagraph 1, item 2b), have not to be provided in case of an exemption granted by the Minister responsible for Foreign Trade and the Minister responsible for Foreign Affairs.
When it comes to an import operation from third countries, the documents specified in Article 6, subparagraph 1, item 2a), have to be provided only upon request by the exporting third country.
(2) To obtain general transfer authorizations for defence-related products, operators shall register using the registration form in the format given in Annex 7.
(3) The certification of recipients of defence-related products within the meaning of Article 25 (1) of the law shall be made in the form specified in Annex 9.
(4) The register provided for in Article 33 (1) of the law shall be kept in the form specified in Annex 10.
Art. 9.
(1) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 1. ) Applications for authorization relating to goods referred to in Article 35 of the law shall be introduced by using the form included in:
- Annex 11, when it comes to export and transit operations;
- Annex 12, when it comes to import operations.
They shall be accompanied ;
- when it comes to an export operation, to third countries, by the documents specified in Article 6, subparagraph 1, item 2b), items 3 and 5;
- when it comes to an export operation to the Member States of the European Union, by the documents specified in Article 6, subparagraph 1, items 3 and 5;
- when it comes to an import operation from third countries, by the documents specified in Article 6, subparagraph 1, item 2a), items 4 and 5;
- when it comes to an import operation from Member States of the European Union, by the documents specified in Article 6, subparagraph 1, items 4 and 5;
- when it comes to a transit from third countries, the documents specified in Article 6, subparagraph 1, items 4 and 5.
When it comes to an import operation from third countries, the documents specified in Article 6, subparagraph 1, item 2a), shall be provided only upon request by the exporting third country.
(2) To benefit from the general export authorizations of the European Union for goods referred to in Article 35 of the law, operators shall register using the registration form in the form specified in Annex 28 .
Art. 10.
(1) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 2. ) (mod. by Regulation (EU) 2021/821, Art. 31) Applications for authorization related to dualuse items shall be introduced by using the form provided:
- in Annex 14, in the case of export or transit operations;
- in Annex 15, in the case of intra-Community transfer operations from the Grand Duchy of Luxembourg of dual-use items listed in Annex I, Category 5, Part 2, and not listed in Annex IV of Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast), as well as of dual-use items listed in Annex IV of Regulation (EU) 2021/821 cited above; 3. in Annex 30, when it comes to import operations.
Regulation (EC) Nr 428/2009, to which Article 10 initially referred to in the Grand Duke Regulation of 14 December 2018, has been repealed by Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast), from 9 September 2021. As, under legistic rules applicable in Luxembourg law, references have a dynamic character, provisions to which a legal text is referring to, shall be applicable in consideration of their future amendments, without the necessity to modify the legal or regulatory text as such. The initial reference to Annexes I and IV to Regulation (EC) Nr 428/2009 is therefore to be understood by being a reference to Annexes I and IV to Regulation (EU) 2021/821 of 20 May 2021.
They shall be accompanied:
- when it comes to an export operation to third countries, by the documents specified in Article 6, subparagraph 1, items 3 and 5;
- when it comes to an import operation from third countries, by the documents specified in Article 6, subparagraph 1, items 4 and 5;
- when it comes to a transit operation from third countries, the documents specified in Article 6, subparagraph 1, items 4 and 5;
- for any intra-Community transfer from the Grand Duchy of Luxembourg of dual-use items listed in Annex I, Category 5, Part 2, and not listed in Annex IV of Regulation (EU) 2021/821 cited above, and for any intra-Community transfer from the Grand Duchy of Luxembourg of dual-use items listed in Annex IV of Regulation (EU) 2021/821 cited above, the documents indicated in Article 6, subparagraph 1, items 3 and 5.
Regulation (EC) Nr 428/2009, to which Article 10 initially referred to in the Grand Duke Regulation of 14 December 2018, has been repealed by Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast), from 9 September 2021. As, under legistic rules applicable in Luxembourg law, references have a dynamic character, provisions to which a legal text is referring to, shall be applicable in consideration of their future amendments, without the necessity to modify the legal or regulatory text as such. The initial reference to Annexes I and IV to Regulation (EC) Nr 428/2009 is therefore to be understood by being a reference to Annexes I and IV to Regulation (EU) 2021/821 of 20 May 2021.
(2) To benefit from the general export authorizations of the European Union regarding dual-use items, operators shall register using the registration form in the form in Annex 17.
Art. 11.
( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 3. ) Applications for authorizations related to brokering services or technical assistance or an intangible transfer of technology related to defence-related products, goods referred to in Article 35 of the law and dual-use items shall be introduced by using the form provided in:
- Annex 19, when it comes to brokering services;
- Annex 20, when it comes to an intangible transfer of technology;
- Annex 21, when it comes to technical assistance.
Applications for an intangible transfer of technology shall be accompanied by:
- the documents specified in Article 6 (1), items 3 and 5;
- a description of the measures implemented or to be implemented to ensure information security, both at the level of the provider of the know-how and of the relationship between provider and recipient of the know-how;
- a detailed presentation of the proposed transfer operation, its content and all the actors involved;
- an identification of risks associated with the transfer operation; and
- a detailed presentation of the organizational, human and technical resources implemented to address these risks.
Section 2 - Authorizations
Art. 12.
For goods of a strictly civil nature, authorizations shall be issued in the form set out in Annex 3.
Art. 13.
(1) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 4. ) For defence-related products, authorizations shall be issued in the form set out in Annex 6.
(2) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 4. ) The notice of registration for the use of general transfer authorizations transfer shall be made in the form set out in Annex 8.
Art. 14.
(1) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 5. ) For the goods referred to in Article 35 of the law, authorizations shall be issued in the form set out in Annex 13.
(2) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 5. ) The notice of registration for the use of general export authorizations of the European Union shall be made in the form set out in Annex 29.
Art. 15.
(1) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 6. ) For dual-use items, authorizations shall be issued in the form set out in Annex 16.
(2) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 6. ) The notice of registration for the use of general export authorizations of the European Union shall be made in the form set out in Annex 18.
Art. 16.
For brokering and technical assistance services and intangible transfer of technology, authorizations shall be issued in the form set out in Annex 22.
Chapter 4 - Training and examination of the officials responsible to recognize offenses to the law
Art. 17.
(1) Officials of remuneration category A or B of the Office, who are eligible for special training provided for in Article 52 (2) of the law, shall be selected by the Minister responsible for Foreign Trade among officials that justify a professional experience of at least five years of service, for whom the criminal record bulletin No 2 does not indicate any conviction and who have not been the subject of any disciplinary sanction.
(2) Officials of the Customs and Excise Administration from the rank of senior brigadier, who are eligible for special training provided for in Article 52 (2) of the law, shall be selected by the Director of Customs and Excise Administration among officials that justify a professional experience of at least five years of service, for whom the criminal record bulletin No 2 does not indicate any conviction and who have not been the subject of any disciplinary sanction.
(3) Officials of remuneration category A or B of the Directorate of Health, who are eligible for special training provided for in Article 52 (2) of the law, shall be selected by the Director of Health among officials that justify a professional experience of at least five years of service, for whom the criminal record bulletin No 2 does not indicate any conviction and who have not been the subject of any disciplinary sanction.
Art. 18.
The special training of officials referred to in Article 17, which extends over a total of 60 hours, shall cover the following subjects:
- criminal law: a. notions on general and special criminal law: 6 hours; b. notions of criminal procedure: 4 hours ;
- the special legislation: Law of 27 June 2018 concerning export control: 12 hours ;
- procedures related to export control matters authorizations: 4 hours ;
- sensitive countries, entities and embargoed countries, human rights: 4 hours ;
- proliferation, international organizations and export control treaties: 4 hours;
- determining the types of goods covered by the law of 27 June 2018 on export control: 6 hours ;
- establishing a penal report: a. the rules for drafting the report: 10 hours ; b. drafting the reports: 4 hours ; c. hearing the offenders and witnesses: 4 hours ; d. the transmission of the file to the judicial authorities: 2 hours.
For admission to the examination under Article 20, the candidate must provide proof of class attendance of at least 90 percent of the total duration of the training.
Art. 19.
Training cycles shall be organized by the National Institute of Public Administration, according to the needs of the Office, of the Customs and Excise Administration and of the Directorate of Health.
Art. 20
(1) ( mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 7. ) The examination shall take place at the end of the training provided for in Article 18, in the form of a written examination before a review panel composed as follows:
- two representatives of the Minister responsible for Foreign Trade;
- two representatives of the Minister responsible for Foreign Affairs;
- a representative of the lecturers who provided training on behalf of the National Institute of Public Administration;
- two representatives of the Prosecution Office.
(2) Panel members shall be appointed by the Minister responsible for Foreign Trade. This Minister shall appoint the president and the secretary from among the panel members.
(3) Parents or relatives of a candidate to the fourth degree may not sit as a member of the panel.
Art. 21.
(1) The examination shall cover the following tests:
- a written test on the subjects contained under item 1 of Article 18: 30 points
- a written test on the subjects contained under items 2 and 3 of Article 18: 30 points
- a written test on the subjects contained under items 4, 5 and 6 of Article 18: 30 points
- a written test on the subjects contained under item 7 of Article 18: 30 points
(2) The tests shall be corrected separately by two panel members and marks awarded are transmitted to the president and secretary who shall establish the arithmetic mean of such marks. The panel shall decide on the admission, the adjournment and the failure of candidates under the terms of paragraph 3 and establish the candidates’ ranking. Its decisions shall be taken by a majority vote. In case of equal votes, the president has the casting vote. The panel shall draw up a report of the examination and shall provide it to the Minister responsible for Foreign Trade.
(3) Shall succeed in the examination the candidate obtaining in each of the four tests at least half of the maximum points, and provided that the total points are equal to at least three fifths of the total of the maximum points obtainable in all four tests. Total adjournment shall be pronounced when the candidate has not obtained at least three-fifths of the total points to be awarded for all the tests, or when he got a failing grade in at least three of the four tests.
In all other cases, the review panel shall deliver a partial adjournment.
The candidate who has been partially or completely adjourned must redo the test or tests deemed insufficient during the next session of the examination.
The candidate partially or completely adjourned who fails during the second session in which he / she participates shall no longer be permitted to appear at subsequent sessions of the examination.
Art. 22.
(1) A service identification card shall be issued to sworn officers.
(2) The service identification card shall be a light blue plastic card, size 8.6 x 5.4 cm. This card shall feature at the recto part the wording “Grand Duchy of Luxembourg” and “Service Identification Card”, a serial number, the expiry date, the signature of the Minister responsible for Foreign Trade as well as the name, first names, function, the department and color photograph of the holder. The validity of the card shall be limited to five years.
The back part of the card shall contain the text “La présente carte d’identification de service est strictement personnelle. Son détenteur est habilité à exercer les fonctions d’officier de police judiciaire en relation avec la constatation des infractions à la loi du 27 juin 2018 relative au contrôle des exportations” and “Dieser Dienstausweis ist nicht übertragbar. Seinem Inhaber wurden Polizeibefugnisse verliehen, um Verstösse gegen das Exportkontrollgesetz vom 27. Juni 2018 festzustellen.” (“This service identification card is strictly personal. Its holder is empowered to act as a judicial police officer in the frame of the record of infringements to the law of 27 June 2018 on export control”).
Chapter 5 - Amending provisions
Art. 23.
(1) The Grand Duke Regulation of 2 April 1993 on the implementation of acts of the competent institutions of the European Communities affecting agriculture shall be amended as follows: (…)
(2) Article 2 of the Grand Duke Decree of 9 October 1935, concerning the approval of the Protocol signed on 27 September 1935 by Luxembourg and Belgium in order to regulate the organization and functioning of the Mixed Administrative Commission established by the Belgium-Luxembourg Convention of 23 May 1935 and the establishment of the Licensing Commission to apply the measures and administer the quotas to be established pursuant to said Convention, shall be repealed.
Chapter 6 - Repealing provisions
Art. 24.
Shall be repealed:
- the Grand Duke Decree of 20 August 1938 on the import, export and transit of certain categories of fish and shellfish;
- the Grand Duke Order of 31 August 1939 concerning the regulation of the import, export and transit of certain goods;
- the Grand Duke Decree of 25 September 1939 on the import, export and transit of certain goods;
- the Grand Duke Decree of 2 October 1939 on the import, export and transit of certain goods;
- the Grand Duke Decree of 18 November 1939 on the import, export and transit of certain goods;
- the Grand Duke Decree of 4 December 1939 concerning the regulation of the import, export and transit of certain goods;
- the Grand Duke Order of 17 May 1956 regulating the manufacture, distribution and holding of diacetylmorphine and 1-methyl-4-métahydroxyphényl-4 propionylpipéridine (ketobemidone);
- the Grand Duke Regulation of 17 August 1963 requiring a license for the transit of certain goods;
- the Grand Duke Regulation of 24 October 1967 on the Commission des licences and Office des licences;
- the Grand Duke Regulation of 13 January 1987 amending the Grand Duke regulation of 31 July 1986, requiring a license for the transit of certain goods;
- the Grand Duke Regulation of 31 July 1989 on the transfer of nuclear materials, equipment and technologies and their conditions of physical protection;
- the Grand Duke Regulation of 6 July 1990 amending the Grand Duke Regulation of 6 April 1990 requiring a license for the transit of certain goods;
- the Grand Duke Regulation of 31 October 1995 on the import, export and transit of weapons, ammunition and equipment intended specifically for military use and related technology;
- the Grand Duke Regulation of 15 January 1996 amending the Grand Duke Regulation of 4 June 1992 requiring a license for the import of certain goods, as amended thereafter;
- the Grand Duke Regulation of 22 October 1996 on controls for goods which are subject for export or transit;
- the Grand Duke Regulation of 2 May 1997 requiring a license for the export of certain goods;
- the Grand Duke Regulation of 16 November 2000 concerning the general conditions for granting and using authorizations for the import, export and transit of goods and related technology;
- the Grand Duke Regulation of 25 August 2006 requiring a license for the import and export of certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatments;
- the Grand Duke Regulation of 2 September 2011 regulating the export and transit of dual-use items and technologies and repealing - the Grand Duke regulation of 5 October 2000 regulating the export of dual-use items and technologies; - the Grand Duke regulation of 5 October 2000 regulating the transit of dual-use items and technologies;
- the Grand Duke Regulation of 28 June 2012 relating to certification procedures related the recipients of defence-related products within the meaning of the law of 28 June 2012 on the conditions of transfer of defence-related products in the European Union;
- the Grand Duke Regulation of 17 December 2014 requiring a license for technical assistance and other activities in relation to certain goods to Afghanistan;
- the Grand Duke Regulation of 17 December 2014 requiring a license for the import, export and transit of certain goods to Somalia;
- the Grand Duke Regulation of 31 May 2015 requiring a license for the export and transit of certain goods and the provision of technical assistance and brokerage services to South Sudan;
- the Grand Duke Regulation of 31 May 2015 requiring a license for the export and transit of certain goods and the provision of technical assistance and brokerage services to Belarus;
- the Grand Duke Regulation of 31 May 2015 requiring a license for the export and transit of certain goods and the provision of technical assistance to Eritrea;
- the Grand Duke Regulation of 31 May 2015 requiring a license for the export and transit of certain goods and the provision of technical assistance and brokerage services to the Central African Republic;
- the Grand Duke Regulation of 31 May 2015 requiring a license for the export and transit of certain goods and the provision of technical assistance and brokerage services to Sudan;
- the Grand Duke Regulation of 4 May 2016 requiring a license for the import, export and transit of certain goods originating from or destined for Iran, as well as for hereto related technical assistance and brokerage services;
- the Grand Duke Regulation of 1 May 2018 requiring a license for the export of certain goods and the provision of technical assistance and brokerage services to the Democratic Republic of Congo;
- the Grand Duke Regulation of 1 May 2018 requiring a license for the import, export and trade of certain goods originating in or destined to Iraq;
- the Grand Duke Regulation of 1 May 2018 requiring a license for the export, transit and import of certain goods, and the provision and procurement of technical assistance and brokerage services to the Democratic People’s Republic of Korea;
- the Grand Duke Regulation of 1 May 2018 requiring a license for the export of certain goods and technical assistance, brokering services and other services to Lebanon;
- the Grand Duke Regulation of 1 May 2018 requiring a license for the export of certain goods and the provision of technical assistance and brokerage services to Myanmar / Burma;
- the Grand Duke Regulation of 1 May 2018 concerning restrictive measures in relation to certain goods to Russia;
- the Grand Duke Regulation of 1 May 2018 requiring a license for the export, transit and import of certain goods, and the provision and procurement of technical assistance and brokerage services to Syria;
- the Grand Duke Regulation of 1 May 2018 prohibiting the export of certain goods and the provision of technical assistance and brokering services against the EIIL (Daech) and Al-Qaeda and hereto associated people, groups, undertakings and entities;
- the Grand Duke Regulation of 1 May 2018 concerning restrictive measures in relation to certain goods originating in Crimea and Sevastopol;
- the Grand Duke Regulation of 1 May 2018 prohibiting the export of certain goods and the provision of technical assistance services to designated persons in Yemen;
- the Grand Duke Regulation of 1 May 2018 requiring a license for the export and transit of certain goods and the provision of technical assistance and brokerage services to Zimbabwe;
- the Grand Duke Regulation of 1 May 2018 requiring a license for the export, transit and import of certain goods, and supply and procurement of technical assistance and brokerage services to Libya.
Chapter 7 - Final provisions
Art. 25.
The reference to this Regulation shall be as follows: “Grand Duke regulation of 14 December 2018 on export control.”
Art. 26.
Our Minister of Economy, Our Minister of Foreign Affairs and our Minister of Finance are responsible, each in regards to, for the implementation of this Regulation to be published in the Official Journal of the Grand Duchy of Luxembourg.
Annex 1 - Implementing measures relating to the States, political regimes, persons, groups and entities subject to restrictive measures under Article 19 of the Law
( mod. by Grand Duke Regulation of 7 August 2023, Art. 1 )
Annex 2 – Goods of a strictly civilian nature – Import / Export / Transit – Application for an authorization
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a ))
Annex 3 – Goods of a strictly civilian nature – Import / Export / Transit – Authorization
Annex 4 – Defence-related products – Export / Transit / Transfer – Application for an authorization
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a) )
Annex 5 - Defence-related products - Import - Application for an authorization
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a ))
Annex 6 - Defence-related products – Export / Transit / Transfer / Import – Authorization
Annex 7 – Defence-related products – Registration form to benefit from general transfer authorizations AGTF1, AGTF2, AGTF3, AGTF4
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a ))
Annex 8 – Defence-related products – Notification of registration for the use of general transfer authorizations AGTF1, AGTF2, AGTF3, AGTF4
Annex 9 – Defence-related products – Certification of recipients of defencerelated products established in the territory of the Grand Duchy of Luxembourg
Annex 10 – Defence-related products – Register to keep by persons performing a brokering activity
Annex 11 – Goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatment – Export / Transit – Application for an authorization
( mod. by Gand Duke Regulation of 1 August 2019, Art. 1, 3° a ))
Annex 12 – Goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatment – Import – Application for an authorization
( mod. by Grand Duke Regulation of 1019, Art. 1, 3° a) )
Annex 13 – Goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatment – Export / Transit / Import – Authorization
Annex 14 – Dual-use items – Export / Transit – Application for an authorization
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a ))
Annex 15 – Dual-use items – EU transfer – Application for an authorization
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 2° a) and 3°) (mod. by Grand Duke Regulation of 15 January 2020, Art. 1, 3° a ))
Annex 16 – Dual-use items – Export / Transit / EU transfer – Authorization
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 2° b)) (mod. by Grand Duke Regulation of 15 January 2020, Art. 1, 3° b ))
Annex 17 – Dual-use items – Registration form to benefit from general export authorizations of the European Union EU001, EU002, EU003, EU004, EU005, EU006
( mod. by Grand Duke Regulation of 15 January 2020, Art. 1, 3° c ))
Annex 18 – Dual-use items – Notification of the registration to benefit from general export authorizations of the European Union EU001, EU002, EU003, EU004, EU005, EU006
( mod. by Grand Duke Regulation of 15 January 2020, Art. 1, 3° d ))
Annex 19 – Defence-related products / Goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatments / Dualuse items – Brokering – Application for an authorization
( repl. by Grand Duke Regulation of 1 August 2019, Art. 1, 2° c )) ( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a )) ( mod. by Grand Duke Regulation of 15 January 2020, Art. 1, 3° e ))
Annex 20 – Defence-related products / Dual-use items – Intangible transfer of technology – Application for an authorization
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a)) (mod. by Grand Duke Regulation of 15 January 2020, Art. 1, 3° f ))
Annex 21 – Defence-related products / Dual-use items – Technical assistance – Application for an authorization
( repl. by Grand Duke Regulation of 1 February 2019, Art. 1, 10. b )) ( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° b ))
Annex 22 – Defence-related products / Dual-use items – Brokering / Intangible transfer of technology / Technical assistance - Authorization
( repl. by Grand Duke Regulation of 1 February 2019, Art. 1, 10. c )) ( mod. by Grand Duke Regulation of 15 January 2020, Art. 1, 3° g )
Annex 23 – Goods of a strictly civilian nature / Defence-related products / Goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatments / Dual-use items– Application for the issuance of an international import certificate
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a ))
Annex 24 – Defence-related products / Goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatments – International import certificate
Annex 25 - Dual-use items - End-use certificate
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a )) ( repl. by Grand Duke Regulation of 24 July 2020, Art. 1, 4° a ))
Annex 26 – Defence-related products – End-use certificate
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a )) ( repl. by Grand Duke Regulation of 24 July 2020, Art. 1, 4° b))
Annex 27 – Defence-related products / Dual-use items – Commitment of the exporter
( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a ))
Annex 28 – Goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatments – Registration form to benefit from the general export authorization of the European Union EU GEA 2019/125
( repl. by Grand Duke Regulation of 1 August 2019, Art. 1, 2° d )) ( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a )) ( repl. by Grand Duke Regulation of 24 July 2020, Art. 1, 4° c))
Annex 29 – Goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatments – Export - Notification of the registration to benefit from the general export authorization of the European Union EU GEA 2019/125
( repl. by Grand Duke Regulation of 1 August 2019, Art. 1, 2° e )) ( repl. by Grand Duke Regulation of 24 July 2020, Art. 1, 4° d ))
Annex 30 – Dual-use items – Import – Application for an authorization
( repl. by Grand Duke Regulation of 1 February 2019, Art. 1, 9. b )) ( mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 3° a ))
Initial version
Grand Duke Regulation of 14 December 2018 on export control | Official Journal of the Grand Duchy of Luxembourg, No A-1158 of 20 December 2018, pages 1 to 181 |