| Member State |
B.
RE-EXPORT |
C. END
USER STATEMENT |
| 1. Is
a (non-) re-export clause legally required? |
2.
Are re-export conditions decided on a case-by-case basis? |
1. Is
an end user statement obligatory for exports? |
2.
Control of exports arriving at the end user? |
3.
End user statements by companies or by authorised government agencies? |
| AUSTRIA |
Not required by law. Included in EUC. |
Conditions follow the obligations
set out in the EUC. |
Decisions on a case-by-case basis. |
Diplomatic missions abroad may be
requested to check arrival at destination. |
EUC must be issued by competent
authority. |
| BELGIUM |
EUC contains commitment on non
re-exportation of the goods. |
Yes. |
Yes. EUC must accompany application
(IIC for some countries). |
Proof of arrival at destination to
be provided within 3 months. |
EUC must be issued by governmental
authorities of recipient state. EUC to be verified by diplomatic
services abroad. |
| DENMARK |
Not required by law. A contract or
permission may contain non re-export clause. |
Yes. |
No. An EUS might be required due to
specific and individual evaluation. |
Import certificate, final user
declaration, delivery verification certificate. |
EUS has to be authorised by
government agencies. |
| FINLAND |
By
law the authority granting the licence may oblige the applicant to
provide non re-export assurances. In practice an End User Certificate
(EUC) is always required. |
Yes. |
Yes. Own production declaration
(OPD) is used instead of an EUC when components or subsystems are
exported. |
The
Finnish authority granting the licence must be provided with a Customs
clearance certificate issued by the Customs authority of the recipient
country. |
End user Certificate
must be issued by competent national authority of the country of final
destination. OPDs are issued by private companies. |
| FRANCE |
Conditions set out in Decree
2.10.1992. |
Yes. |
Yes. Unless export concerns small
quantities of small arms. |
Proof
of arrival at destination to be provided within 3 months (customs
documents or governmental justification; possible controls by
diplomatic missions). |
EUC by
official authority if consignee is an official agency, otherwise EUC
may be established by company with non re-export engagement. |
| GERMANY |
Not
required by law. However, to be submitted by exporter if shipment
concerns war weapons (no value limit) or other military equipment with
a value of more than 500 000 DEM. |
Yes. |
Yes. To be presented before an EL
can be granted. |
Various customs procedures. |
EUS by companies only for military
equipment with a value below 5 000 000 DEM. |
| GREECE |
Not required by law. May be
incorporated in contracts. |
Yes. |
Yes. Always obligatory. |
Control through EUS, IIC, delivery
verification, import customs declaration. |
EUS must be approved by competent
government authorities. |
| IRELAND |
Not required by law but is required
in certain circumstances. |
Yes. |
All applications for military
exports must be accompanied by an end-user statement. |
No. |
EUS given by companies are
acceptable. |
| ITALY |
Re-export is considered as export of
materials temporarily imported. |
Yes. Case-by-case evaluation. |
End User certificate or IIC required
(EU statement is a document released by end user company). |
Final destination document must be
exhibited in due time. |
Documents must be released by
government authorities. |
| LUXEMBOURG |
A non re-export commitment may be
required. |
Yes. |
Application for export licence must
come with a final destination/use document, for some countries an IIC. |
Control by customs documents, or by
any document proving acceptance by competent authority. |
Documents have to be established by
or certified by an official authority of the country of destination. |
| NETHERLANDS |
Not required by law. In practice,
contracts may contain non re-export clause. |
Yes. |
EUS
to be presented with application. IIC for a limited number of
countries. Generally no EUS for direct shippings to government body. |
Generally
no controls. Presentation of Delivery Verification Certificate or
Import Verification Document within 2 months after shipment. |
In all cases, EUS needs to be
legalised by competent authorities in the country of destination. |
| PORTUGAL |
No. A non re-export clause included
in end-user certificate. |
Yes. |
Yes. But not for exports to EU
partners, and not for demonstrations or reparation purposes. |
Exporter must present delivery
certificate or equivalent issued by importing country's authorities. |
EUS must be authorised by government
agencies. |
| SPAIN |
No re-exportation clause within EUC. |
Export of war material always with
non re-exportation clause. |
Export of war material only with EUC
(also for EU). Export of military (non-war) materials with IIC and EUS. |
Generally no controls, only if
doubts about final destination (control by diplomatic representation). |
EUC by government agencies if export
concerns war material; for other military material EUC can be
established by company. |
| SWEDEN |
Not required by law. |
Yes. |
Yes (in practice, not by law). Not
for demonstration or for reparation. |
Generally no such controls. |
Equipment for combat purposes needs
a governmental EUS. For other equipment, a company made EUS is
acceptable. |
| UNITED KINGDOM |
Not legally required. Only requested
where appropriate. |
Yes. |
EUS requested for all individual
export licences. exceptions for OIEL and OGEL. |
Generally, no. |
EUS given by companies are
acceptable. |