Legislation

In the Brussels Capital Region, movements of arms and dual-use items and technologies are regulated by two legal instruments (and thus represent two distinct areas):

- For arms, the applicable instrument is the ordinance of 20 June 2013 relating to the import, export, transit and transfer of defence-related goods, other goods that can be used for military purposes, goods linked with law enforcement, fire arms for civil use, as well as their components, accessories and ammunition. This ordinance, called "arms ordinance", is completed by an implementation decree dated 3 April 2014. This ordinance transposes three European directives.

Notably:

• Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons
• Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses
• Directive 2009/43/CE of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community This directive, which is frequently updated, establishes the Opens in new windowCommon Military List of the European Union, which classifies the products and technologies covered by the regulations into 22 categories.

The ordinance comprises four parts:

1. the first defines the general principles and the application field;
2. the second deals with arms for civil use;
3. the third concerns arms for military use;
4. the last part includes the suspension and withdrawal terms, limits and exclusion areas of the licences, as well as sanction regimes.

The dual-use goods and technologies are regulated on a European level, notably by the Opens in new windowCouncil Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Official Journal L 134 of 29 May 2009).

These regulations are important because each of them not only establishes the applicable rules, but also includes the list of products that require prior authorisation.

The following chart summarises the applicable regulations.

When it comes to arms brokering, it should be noted that the activities involved fall within the competence area of the Federal Public Service Justice according to the act of 5 August 1991 relating to the import, export and transit of arms and the fight against illicit trafficking in arms, ammunitions and equipment specially designed for military use or law enforcement and the related technology. By brokering we mean:

• The negotiation or arrangement of transactions for the purchase, sale or supply of dual-use items from a third country to any other third country

OR

• The selling or buying of dual-use items that are located in third countries for their transfer to another third country.

The broker is the person who carries out brokering services.

In addition to those two separate regulations, other provisions impose particular restrictions with regard to entities of States considered as sensitive in view of the geopolitical situation. These are the so-called sanction regimes. They are put in place by the United Nations Organisation or the European Union and may involve different categories of goods, depending on the severeness of the situation and the danger represented by the goods. You will find the list of all sanction regimes by clicking on the following link: Opens in new windowwww.sanctionsmap.eu. It provides an overview of the applicable sanction regimes.

Opens in new windowThis website too provides information on sanctions. It features an overview of sanction regimes, in particular those applicable in Belgium, regardless of the issuing organisation.

As a general rule, those sanction regimes are targeted at a group of companies, (private or state) persons and involve economic restrictions as well as an import and/or export ban on certain goods.

Whereas some goods can be clearly identified as arms or dual use goods, it may not always be easy to categorise the goods you want to import/export. In case of doubt, you can contact us.