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Current Year: 2007

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Official Journal of the French Republic

Dutchy

The Netherlands
GA Member
Jul 1, 2018
5,026

Journal officiel de la République française
Official Journal of the French Republic​




LAW

Law No. 2007-01 of April 2007 relating to the control of arms exports


The National Assembly adopts,
The President of the Republic promulgates the law whose content follows:

Article 1
The export, re-export, transfer and brokering of military equipment and related technologies from the national territory shall be subject to prior authorisation by the Council of Ministers.

Article 2
For the purposes of this Law, “military equipment” means arms, ammunition, military vehicles, aircraft, vessels, technologies, and dual-use goods intended for military application, as defined by decree of the Council of Ministers.

Article 3
The export of military equipment shall be prohibited where it would:
1. Contravene international obligations undertaken by the French Republic, or international treaties to which the French Republic is a party;​
2. Undermine the essential interests of national security;​
3. Risk contributing to serious violations of international humanitarian law or human rights;​

Article 4
Any person who intends to export, re-export, transfer and brokering of military equipment and related technologies from the national territory must obtain an export licence.

Article 5
Export licences shall be issued by the Minister of the Armed Forces, acting on the authority of the Council of Ministers.

Article 6
Applications for export licences shall include full disclosure of the end-user. The Minister of the Armed Forces may request any additional information necessary to ensure compliance with this Law.

Article 7
The Minister of the Armed Forces may refuse, suspend, or revoke an export licence where the conditions of Article 3 are met or where the applicant has failed to comply with the requirements of this Law or its implementing regulations.

Article 8
The Ministry of the Armed Forces shall maintain a national register of arms export licences.

Article 9
1. Any export, re-export, transfer or brokering carried out without the authorisation required under this Law shall be punishable, for natural persons, by:
1. Imprisonment for a term not exceeding seven years;​
2. A fine not exceeding €1,000,000, without prejudice to any additional penalties provided for under the Penal Code.​

2. Legal persons found guilty of the same offence shall be liable to the following penalties:
1. A fine not exceeding 10 per cent of turnover during the last closed financial year;​
2. Prohibition, for a period of time, of engaging in export activities;​
3. Dissolution.​

Article 10
This Law shall enter into force on the day of its publication in the Official Journal of the French Republic.

Done on April, 2007.


NICOLAS VALÉRIAN​
By the President of the Republic:

Prime Minister
NATHALIE LYON

Minister of the Armed Forces
EMMANUEL FORTIER

 

Dutchy

The Netherlands
GA Member
Jul 1, 2018
5,026

Journal officiel de la République française
Official Journal of the French Republic​




DECREES, ORDERS AND CIRCULARS



MINISTRY OF THE ARMED FORCES



Decree No. 2007-001 of April 2007 implementing Law No. 2007-01 of 15 April 2007 relating to the control of arms exports


The Prime Minister,
On the report of the Minister of the Armed Forces,
Having regard to the Constitution;
Having regard to Law No. 2007-01 of April 2007 relating to the control of arms exports;
The Council of State having been heard,
Decrees:

Article 1
The following categories of arms, ammunition, military vehicles, aircraft, vessels, technologies and dual-use goods shall fall within the scope of Law No. 2007-01 of 15 April 2007 and shall require an export licence when exported, re-exported, transferred, or brokered from the national territory.

1. Armoured and Military Vehicles
  • Tanks, armoured fighting vehicles, and armoured personnel carriers;
  • Military engineering vehicles and mine-clearing vehicles;
  • Self-propelled and towed artillery systems.
2. Aircraft and Unmanned Systems
  • Combat aircraft, attack helicopters and military transport aircraft;
  • Unmanned aerial vehicles (UAVs) and their associated ground control systems;
  • Air-to-air, air-to-ground, and guided missile systems.
3. Naval Vessels
  • Warships, submarines, patrol craft and their weapon systems;;
  • Naval mines and torpedoes.
4. Missiles, Rocket Systems, and Launchers
  • Surface-to-air and surface-to-surface missile systems;
  • Multiple rocket launch systems;
  • Portable missile and rocket launchers.
5. Military Technologies and Components
  • Fire control systems, targeting systems, and night-vision devices;
  • Military radars, electronic warfare equipment, and command-and-control systems;
  • Military-grade cryptographic devices and secure communications.
6. Dual-use Goods with Military Application
  • Nuclear materials, facilities and technologies intended for non-peaceful use;
  • Certain chemical precursors and biological agents with potential military application;
  • Space-launch vehicles and satellite systems with potential military use.

Article 2
The following shall not require an export licence under this Decree:
1. Equipment exported temporarily for the purpose of repair, testing, or demonstration, provided it is returned to the national territory;​
2. Equipment used by the French armed forces deployed abroad.​

Article 3
The Minister of the Armed Forces, the Minister of Foreign Affairs, and the Minister of the Economy, Industry and Employment are responsible for the enforcement of this Decree.

Done at Paris on April 2007.


NATHALIE LYON

By the Prime Minister:

Minister of the Armed Forces,
EMMANUEL FORTIER

Minister of Foreign Affairs,
THIERRY CHEVROLET​

Minister of the Economy, Industry and Employment,
VICTOR LÉMIEUX

 

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