Regulates The Conditions For Taking Up And Pursuit Of The Activities Of Commerce And Industry Of Goods And Military Technologies

Original Language Title: Regula as condições de acesso e exercício das actividades de comércio e indústria de bens e tecnologias militares

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449314d5331594c6d527659773d3d&fich=ppl251-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 251/X explanatory memorandum this proposal of law fits the need to comply with the international obligations of creating a degree of regulatory activities of industry and commerce-included in this last, the intermediation activity-of goods and military technologies. This legislative initiative has its genesis in the fact that the legislation currently in force, on trade of military goods and technology, does not contemplate the Act of mediation. The urgent need to legislate stems from the common position 2003/468/CFSP of 23 June 2003 on the control of arms brokering. Portugal is one of the few Member States that still do not have national legislation on this activity. Within the framework of common position 2008/944/CFSP of 8 December 2008 laying down common rules applicable to the control of exports of military technology and equipment as well as other control regimes (Wassenaar arrangement, Missile Technology Control Regime, OSCE and UN), this omission, because it represents a vulnerability in the control of the arms trade with emphasis on small arms small arms generates discomfort in national positions adopted in different out on these matters. Furthermore, this Bill, together with the Community directive on intra-Community transfers of defence-related products, creates the basis for a profound restructuring in the control system of imports and exports of goods and technologies, in order to expedite the process of issuing licenses, as well as the companies ' authorization for the exercise of the activities of industry and commerce.

PRESIDENCY of the COUNCIL of MINISTERS 2 In summary, this Bill, in addition to fill a legislative gap opens a window of opportunity to streamline and simplify the procedures for issuance of licenses which include those defined by the European directive on intra-Community transfers of defence-related products. It is in this context that the project fits in the Simplex Programme not only by simplifying the processes as significantly improving the efficiency of its control, for example through the provision of reliable management indicators. We must, therefore, the adaptation of the Portuguese legal system to the current international context, through the adoption of a system for the access to and exercise of these activities. The discipline of this matter cannot abstract from internal market and free movement, freedom of establishment and freedom to provide services that characterise. Likewise, you can't ignore that this matter forks on common foreign and security policy, which develops in the first row, in the field of intergovernmental cooperation. There was, therefore, to find a fair balance between the requirements of the internal market and the interests and concerns in the common foreign and security policy, establishing and regulating the procedures for controlling access to the trading activity and their exercise. Settled, too, appropriate penalties and fines apply. Having regard to the nature of the activity involved, he predicted, the collaboration in its supervision, police authorities, security and information services and, if necessary, Europol and Interpol. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I PRESIDENCY of the COUNCIL of MINISTERS 3 General provisions Article 1 subject-matter this law regulates the conditions governing access to the activities of industry and trade of military goods and technologies, as well as their exercise. Article 2 Definitions 1-for the purposes of this law, such as trade in goods and military technologies, in addition to the purchase and sale and lease under any of its contractual forms the complex of activities which have as their object the import, export, re-export, or transit of military goods and technologies, as well as related business intermediation. 2-for the purposes of this law, goods and technologies industry complex of military activities which have as their object the research, design, testing, manufacture, Assembly, repair, transformation, maintenance and the demilitarization of military goods or technology. 3-for the purposes of the preceding paragraphs: a) ' Import ', the entry in the national territory, temporary or definitive, of military goods and technologies which have as destination declared Portugal;

b) ' export ', the output of Portugal, temporary or definitive, of military goods and technologies with third countries, as well as the transmission abroad, by telephone or electronic means, of goods or military technologies, and also the provision of technical assistance or the provision of technical data relating to those goods or technologies;

PRESIDENCY of the COUNCIL of MINISTERS 4 c) ' Re-export ' means the output of Portugal, temporary or definitive, of non-originating goods and military technologies of Community customs territory (TAC); d) ' transit ' means the passage by Portugal of military goods and technologies that have as their destination declared another country; and ' Brokering ') activities, not included in the above, consisting in negotiation or in arranging transactions that may involve the purchase, sale or transfer of military goods and technologies from one third country to another third country, undertaken by natural or legal persons, domestic or foreign, from the Portuguese territory, as well as the activities carried out from a third country provided that held by citizens or legal persons residents or with Headquarters in Portugal; f) «Military» Goods, products, software, equipment or their components, specifically designed, developed, produced or transformed for military purposes; g) «military» Technologies, all information, whatever the support material, necessary for the development, production, testing, processing and use for specifically military purposes, except in the case of public domain information or resulting from experimental or theoretical work undertaken primarily with a view to the acquisition of new knowledge and primarily oriented towards a specific purpose or application.

4-do not consider themselves as trade goods or military technology activities carried out by companies and transport agents, land, air or sea, when services to traders or those or military technologies industrial, as well as by banks and other lending institutions, when limited to granting credit lines or letters of credit to traders or industrial , those goods or technologies. Article 3 of the COUNCIL of MINISTERS PRESIDENCY 5 subordination to national interest the activities of Commerce and industry of military goods and technologies are pursued in strict subordination to safeguard the interests of national defense and the economy, the public internal and external security and the respect for the international commitments of the Portuguese State. Article 4 designated Entities to engage in activity as trade and military goods and technologies industry-1 may perform the activities of Commerce and industry of goods and military technologies, since the conditions required by this law: the State owned companies); b) companies incorporated in accordance with Portuguese law and headquartered in Portugal; c) natural persons resident in Portugal that do not suffer from inability to exercise; d) natural or legal persons empowered to carry out the activity of trade in goods and military technologies in other States that are part of the European Union.

2-the entities designated for the activity of military goods and technologies industry can trade the goods by themselves produced pursuant to Chapter IV, without specific license for the activity. CHAPTER II exercise of the activities of Commerce and industry of goods and military technologies by companies based in Portugal and individuals residing in Portugal PRESIDENCY of the COUNCIL of MINISTERS article 5 6 1 Licensing Requirement-the Constitution, in accordance with Portuguese law, of companies which have as their object the exercise of the activities of Commerce and industry of military goods and technologies and the inclusion of these in the statutes of companies already established as well as the beginning of the exercise of those activities by individuals, depends on license from the Minister of national defence. 2-are null the acts from which the Constitution of companies relating to the exercise of the activities of Commerce and industry of military goods and technologies or to include these in the subject of already established companies, as well as the acts and legal transactions related to trade or military goods and technologies industry practiced by those who have not obtained the license referred to in the preceding paragraph.


Article 6 request for 1 license-license request is formulated upon request directed to the Minister of national defence and presented to the Directorate General of armaments and defence equipment (DGAED) of the Ministry of national defense. 2-the application is accompanied by the following elements: the Identification of specific activity) the applicant intends to exercise; b) identification of military goods and technologies referred to in the business which the applicant proposes to engage in, with express mention to the items referred to in article 42;

PRESIDENCY of the COUNCIL of MINISTERS 7 c) identification of the markets that the applicant proposes to achieve; d) articles of Association and draft amendment, in the case of companies already established; and) draft statutes, in the case of the societies constitute; f) provision of electronic access to permanent certificate or business registration certificate; g) identification of all partners, administrators, directors or managers, and their criminal record certificates, or, as the latter, the authorization of the applicant to obtain these documents to the competent authority by DGAED; h) information, in respect of all the entities referred to in the preceding sub-paragraph, of the shares that they hold, directly or through the persons referred to in paragraph 2 of article 447.º of the companies code;

I) detailed information regarding the structure of the group, with indication of the situations provided for in articles 482.º and following of the companies code; j) minutes of the competent social organ attesting to the deliberation of participation in society, when the partners is a legal person; l) organisational structure of the company, with specification of their technical and financial resources; m) proof of ownership of accreditation of national security or application of their assignment, in accordance with article 9; n) identification of a natural person who represents the applicant in the framework of the licensing procedure. 3-If the applicant is a natural person, the application is accompanied by the identification and criminal record certificate, or authorization of the applicant to PRESIDENCY of the COUNCIL of MINISTERS to obtain 8 of this document to the competent authority by the DGAED, as well as of the elements referred to in (a)), b), c) and m) of the preceding paragraph. 4-the application and all accompanying documents are signed by applicants, and the signatures be recognized. Article 7 application failures and complementary steps 1-When the application does not comply with the provisions of the previous article, the applicants are notified within 30 days, remedy the shortcomings detected, failing which the application is filed. 2-the procedure is instructed by DGAED, you can request any clarifications or additional relevant elements for the analysis and the decision process. Article 8 license Assumptions 1-the license is granted from occurring, cumulatively, the following assumptions: a) the adequacy and sufficiency of the company's human resources of the applicant to engage in activity which he proposes to exercise; b) Adequacy and sufficiency of technical means and financial resources of the applicant's undertaking to engage in activity which he proposes to exercise; c) reputation of the applicant and technical Qualification or its partners and members of the governing bodies; d) Transparency of the structure of the group allows for proper control of the applicant, when this is part of a corporate group; and) security clearance pursuant to article 9. 2-the technical qualification consists of specific knowledge of military goods and technologies to be produce or trade, acquired through training, PRESIDENCY of the COUNCIL of MINISTERS 9. 3-Without prejudice to other circumstances merit consideration, it is does not have the reputation who: a) has been convicted, in the country or abroad, for bankruptcy fraud, bankruptcy crimes by negligence, forgery, theft, robbery, fraud, extortion, abuse of trust, infidelity, usury, corruption, issuance of bad checks, misappropriation of public or cooperative sector, misrepresentation, money laundering or drug law offences specifically applicable to commercial companies , or for crimes committed in the exercise of activities or trade of military goods and technology industry, as well as dual-use goods deemed for the purposes of Regulation (EC) No 1334/2000, of the Council of 22 June 2000; b) Has arguably had involvement in the illicit trafficking of weapons or other goods and military or dual-use technologies, or in violation of embargoes to supply goods and military technologies enacted by the United Nations, the European Union, the Organization for security and cooperation in Europe, or by the Portuguese State. Article 9 security clearance 1-Together with the application for assignment of license to pursue the activities of trade and industry of goods and military technologies, the interested party may deliver the application for conferral of accreditation of national security, to pursue the activities of industry and trade of military goods and technologies, the National Safety Authority, to be submitted by the National Security Office DGAED. 2-the provisions of the preceding paragraph shall be without prejudice to the possibility for the person concerned to promote directly obtaining the accreditation of national security National Security Authority.

PRESIDENCY of the COUNCIL of MINISTERS 10 3-the National Safety Authority shall rule on the request made by the applicant within 60 days. Article 10 Decision 1-the decision on the application for leave is made within 90 days. 2-the order of assignment of the permit is published in the Diário da República.

Article 11 nullity of license without prejudice to other causes provided for in the general law, the license is void when: a) is granted to those who do not meet the conditions required by article 8; (b)) has been obtained through misrepresentation or the omission of statements are legally required, as well as by other means, regardless of the penalties that the case will fit. Article 12 Limitation of 1 license-A license expires, regardless of any statement: a) the beginning of the activity does not take place within six months from the date of publication of the order of assignment of license; b) if declared judicially the interdiction or disqualification of the license holder, or if this dies; c) dissolved the body corporate licensee; d) If to end the security clearance.

PRESIDENCY of the COUNCIL of MINISTERS 11 2-the order that determines the expiry of the permit is published in the Diário da República. Article 13 repeal of license 1-the license may be revoked when: a) be sure to check some of the assumptions that depended on the issue, except in the situation referred to in subparagraph (d)) of article 12; (b)) are not made at the communications provided for in articles 28 and 29; c) the proprietor refuses illegitimately to provide information requested by DGAED, pursuant to article 30; d) the proprietor to practice any intermediation of goods Act and military technologies without the authorization referred to in article 15 or in any way disrespecting or exceeding authorization has been issued; e) In case of occurrence of serious irregularities in the Administration, accounting or internal auditing organization of the company from its holder. 2-the order of revocation of the license is published in the Diário da República. CHAPTER III trade activities of military goods and technologies by entities to such authorized in other Member States of the European Union article 14 need to record 1-The natural or legal persons who legitimately exercising the activity of trade in goods and military technologies in other States that are part of the European Union can engage in that activity in Portugal in the same terms in which to do so are enabled through prior registration in the database of DGAED. 2-the application for registration shall be accompanied by the documents that demonstrate the legitimacy of the exercise of the activity in another or other Member States of the European Union, PRESIDENCY of the COUNCIL of MINISTERS


12 including the license, authorization or other permissive Act which the Titrate. 3-the DGAED can confirm the existence, validity and duration of activities of trade in goods and military technologies issuer authorities, proceeding to the registration within 30 days. 4-registration can only be refused on grounds of absence, on invalidity or non-validity of the title. 5-registration is cancelled when the entity registered to practice an act of trade in goods and military technologies without the authorization referred to in article 15 or in any way disrespecting or exceeding authorization has been issued. 6-are null the acts of trade in military goods and technologies practiced by those who legitimately exercising the activity of trade in goods and military technologies in other EU States without first having obtained the registration referred to in paragraph 1. 7-the entities exercising their activity under this article are subject to the provisions of Chapter IV, in respect to acts of military goods and brokering technologies practiced in Portuguese territory or involving the entry or exit of goods and military technologies in that territory, as well as to (a)) and (b)) of article 28 and to articles 30 and 33 CHAPTER IV Authorization of brokering of goods acts and military technologies article 15 Need for authorization 1-rely on authorization of the Minister of national defence, pursuant to articles following the practice of brokering of goods acts and military technologies, in Portugal or abroad, who is licensed to engage in activity under Chapter III, as well as the practice, by the entities referred to in article 14, intermediation of goods acts and military technologies in national territory.

PRESIDENCY of the COUNCIL of MINISTERS 13 2-it is the Minister of Foreign Affairs to consider the opportunity and convenience of intermediation of goods acts and military technologies, from the point of view of foreign policy. 3-are null the intermediation of goods acts and military technologies practiced without authorization pursuant to this article. 4-the provisions of this chapter shall be without prejudice to customs legislation applicable. Article 16 Procedure for authorisation 1-application for authorization for acts of mediation is formulated through request directed to the Minister of national defence and presented to DGAED. 2-the application is accompanied by the following elements: the Identification of the applicant); b) identification of parties, subject matter and content of the business in which the applicant intends to intervene, including detailed mention of goods and military technologies to the business. 3-the provisions of article 7, with the necessary adaptations. Article 17 Assumptions of authorisation the authorisation to be granted intermediation acts from occurring, cumulatively, the following assumptions: a) the applicant is qualified to engage in the activity of trade in goods and military technologies;

PRESIDENCY of the COUNCIL of MINISTERS 14 b) there are reasonable grounds for believing that the business in which the applicant proposes to intervene is contrary to interests of the Portuguese State; c) business in which the applicant proposes to intervene is not incompatible with the provisions of common position 2008/944/CFSP of 8 December 2008 laying down common rules applicable to the control of exports of military technology and equipment; d) there are reasonable grounds for believing that the business in which the applicant proposes to intervene is illegal, involves violation of embargo on supply of military goods and technologies decreed by the United Nations, the European Union, the Organization for security and cooperation in Europe, or by the Portuguese State, or violation of any rules of international law to which the Portuguese State is bound; and there are no reasonable reason to) believe that military goods and technologies involved in the business in which the applicant proposes to intervene can be used for the practice of war crimes, crimes against humanity, genocide and aggression as provided for by the Statute of the international criminal court or other crimes established by rules of international humanitarian law. Article 18 Decision the decision on the application for authorization of an act assignment of brokering is rendered within 30 days. Article 19 Invalidity of consent without prejudice to other causes provided for in the general law, the authorization for the brokerage Act is void when: a) is granted without check the assumptions required by article 17; (b)) has been obtained through misrepresentation or the omission of claims PRESIDENCY of the COUNCIL of MINISTERS 15 are legally required, as well as by other means, regardless of the penalties that the case will fit. Article 20 expiry and withdrawal of authorisation 1-the authorization expires, regardless of any statement, if the Act authorized intermediation takes place within 60 days of its notification to the applicant. 2-the authorization may be revoked when be sure to check some of the assumptions that depended on the issue. Article 21 Fulfilment of intermediation of goods Act and military technologies to carry out any act of military goods and technology brokering is communicated to DGAED within 15 days. Chapter V export of military goods and technology and imports of raw materials and other goods for the production of these goods and technologies article 22 export, re-export and transit of military goods and technology and imports of raw materials and other goods for the production of this chapter shall apply to the production of military goods and technologies commissioned by foreign countries , to the export, re-export and transit of military goods and technologies as well as the import of raw materials and other goods for their production, by national companies, when required by the armed forces or security forces. Article 23 1 Skills-it is the Minister of national defence: a) Establish, by agreement with the competent authorities of other countries, PRESIDENCY of the COUNCIL of MINISTERS of 16 orders for military goods and technologies for implementation by the national armaments industry; b) authorise the national companies to accept the orders referred to in (a) to other countries and authorize the export, re-export and transit of military goods and technologies; c) Sanctioning the export of military goods and technologies alienated by the armed forces or security forces; d) Issue permits for import of raw materials; and) promote supervision and accreditation relating to these activities, respectively provided for in articles 26 and 27 2-it is the Minister of Foreign Affairs to consider the opportunity and convenience of the operations mentioned under (a)) c) of the preceding paragraph, from the point of view of foreign policy. Article 24 importation of raw materials and other goods 1-For performance of the contractual obligations with a view to national production of military goods and technology, ordered by foreign countries and the export or re-export of such goods and technologies for the military and national security forces, the national arms companies may, with favourable order to issue, for each case , by the Minister of national defence be allowed to import raw materials and other goods deemed necessary.

2-may also be authorized by the Minister of national defence, imports into the national armaments companies, raw materials and goods to set up strategic reserves. Article 25 PRESIDENCY of the COUNCIL of MINISTERS 17 prior registration of import and export operations provided for in this chapter are dependent on prior registration organized and maintained by DGAED, in accordance with article 14 article 26 1 Surveillance-the application given to raw materials and other imported goods and the delivery of military goods and technologies referred to in article 23 shall be subject to surveillance. 2-the Ministry of national defense promotes the checks referred to in the preceding paragraph, requesting cooperation with the competent authorities in respect of acts and steps on the basis of the substances concerned. Article 27 Accreditation entities that carry out the activities referred to in this chapter are subject to accreditation under article 9 CHAPTER VI control of the activities of Commerce and industry of goods and military technology article 28 required Communications entities licensed under this law shall notify the DGAED: a) by 31 January each year , the identity of all the partners, as well as the amount of their shares, based, inter alia, in the records of the PRESIDENCY of the COUNCIL of MINISTERS


18 annual General Assembly; b) until 31 January each year, a report of activities, with words and description of all operations of trade in goods and military technology made in the previous year; c) within 15 days after their designation or change the composition of its organs of administration and supervision, justifying its proper qualification and suitability; d) within 15 days after its completion, the amendments to the statutes shall apply, with any necessary adaptations, the provisions for the initial license; e) within 15 days of its conclusion, the shareholder agreements among partners of trade in goods and military technologies relating to the exercise of the right to vote, under penalty of ineffectiveness; f) within 15 days, the changes in the situations provided for in points (h)) and i) of paragraph 2 of article 6; g) within 60 days, the Constitution of representatives, branches or subsidiaries abroad.

Article 29 compulsory Communication of members of the defence industry companies 1-the partners of arms companies licensed under this law shall communicate before the DGAED transmissions of shareholdings which involve amendment of the situation provided for in points (h)) and i) of paragraph 2 of article 6, under penalty of nullity of the acts or legal transactions in which those transmissions if constitutive. 2-within 90 days from the date of the notification referred to in the preceding paragraph, the Minister of national defence may object to the transfer of shares if he considers that it is contrary to the interests of national defence.

PRESIDENCY of the COUNCIL of MINISTERS 19 3-transmission to the Ministry of national defense has opposed pursuant to the preceding paragraph is void, without prejudice to the suspension of the exercise of the voting rights attaching to the shares concerned. 4-For the exercise of the power provided for in paragraph 2, the Minister of national defence may require the information it deems necessary. Article 30 information licensed entities or wishing to obtain a licence under this Act shall provide all information relating to their organic structure and activity which are requested by DGAED.



Article 31 obligations of stakeholders in trade operations of military goods and technologies when you have or should have knowledge of the goods and technologies involved, companies and transport agents, land, air or sea to provide their services to parties involved in trade operations of military goods and technologies, as well as banks and other credit institutions grant credit lines or letters of credit to those involved must request authorization document of the Act of trade in goods and military technologies concerned. Article 32-1 Record the DGAED organize and keep a record of all licenses for the exercise of the PRESIDENCY of the COUNCIL of 20 MINISTERS of trade and industry activities of military goods and technologies and any authorizations for acts of trade in military goods and technologies, as well as of the facts referred to in article 14 2-registration is maintained for a period of not less than 15 years after the cessation of the purposes of the Act case. Article 33 1 Supervision-the DGAED the supervision of activities of trade and military goods and technologies industry in Portugal and, when developed by entities of Portuguese nationality or residence or registered office in Portugal, abroad.

2-for the purposes of the preceding paragraph, the DGAED may request any entity the information and documentation it deems necessary, as well as request the collaboration of police authorities, information services and, if necessary, Europol and Interpol. 3-the DGAED sure, before authorities in foreign States, the existence or non-existence of licenses or authorizations relating to the exercise of the activities of Commerce and industry of goods and military technologies issued in Portugal. CHAPTER VII penalty Provisions article 34 unlawful practice of trade in goods and military technologies for the purposes of paragraph 1 of article 87 of the law No. 5/2006, of 23 February, considered that the agent is not allowed when: PRESIDENCY of the COUNCIL of MINISTERS the 21) is not the holder of a permit for the activity of trade in goods and military technologies , or is in possession of license is void because you have intentionally caused; b) Is holder of license for the activity of trade in goods and military technologies under present or is able to exercise it in a State member of the European Union, in this case, was made the register provided for in article 14, and practise acts of trade in military goods and technologies referred to in this law, on their own or of others without such acts are authorized or having been authorized by administrative act to be NULL because that has intentionally caused.

Article 35 illegal Exercise of the activity of defence industry Who develop activities which have as their object the research, design, testing, manufacture, Assembly, repair, transformation, maintenance and the demilitarization of military goods or technology without being the holder of a permit for the activity of arms industry or being holder of that license is void because it has intentionally provoked is punished with penalty of 4 to 14 years in prison. Article 36 administrative offences 1-is punishable by fine of € 500 to € 70,000 or, in the case of a legal person, even if irregularly incorporated, of € 1,000 to € 200,000, who: a) Provide false statements or employ illicit means in order to obtain the licence, registration or authorization referred to in articles 5, 14 and 15, subject to the applicable criminal penalties; b) does not comply with the obligation to carry out the communications referred to in articles 28 and 29;

PRESIDENCY of the COUNCIL of MINISTERS 22 c) does not provide information or provide documents that have been requested in accordance with article 30; d) and should not request the document certifying the authorization Act of trade in goods and military technologies in accordance with article 31 2-Together with the fines provided for in the preceding paragraph, the offender may be applied the following penalties: a) seizure and confiscation of the proceeds of the offence;

b) Inhibition of social positions and administration functions, direction, management or leadership in legal persons to trade in goods activity and military technologies, for a period up to 10 years. Article 37 General Provisions 1-Sanctioning legal persons, even if irregularly incorporated, are responsible for the infringements committed by the holders of the respective agencies, in the course of their duties, as well as their representatives, when acting on behalf of or in the interest of those, even if it is invalid or ineffective the title of legal relationship between that and these and without prejudice to the responsibility of the latter. 2-the provisions of this chapter shall apply to facts committed in foreign territory by agents with head office or residence in Portugal. 3-the attempt and negligence is always punishable. 4-In case of negligence, the maximum and minimum limits of fines are reduced to half. 5-legal persons respond jointly and severally liable for the payment of fines, penalties and costs in their individual agents are convicted for offences punishable under this law.

PRESIDENCY of the COUNCIL of MINISTERS 23 article 38 Special provisions on administrative procedure 1-the decision of the contra-ordenacionais procedures provided for in this law is the responsibility of the Minister of national defence.

2-the statement of contra-ordenacionais procedures laid down in this law for the DGAED. 3-the deadline for Defense is set between 10:30 working days, taking into account the place of residence, headquarters or permanent establishment of the defendant and the complexity of the process. 4-the defendant cannot call more than five witnesses for each infringement. 5-the competent court for the appeal and enforcement of administrative decisions for the implementation of administrative offences provided for in this law is the Court of the District of Lisbon. CHAPTER VII transitional and final provisions article 39 list of military goods and technologies 1-the Government approves annually, by order of the Minister responsible for national defence, Ministers responsible for areas ears of internal administration, finance and the economy, the list of military goods and technologies subject to the application of this law. 2-the list referred to in the preceding paragraph includes obligatory military goods and technologies included in the common military list approved by the Council in implementation of the PRESIDENCY of the COUNCIL of MINISTERS 24 common position 2008/944/CFSP of 8 December 2008 laying down common rules applicable to the control of exports of military technology and equipment.


Article 40 suspension of procedural deadlines the deadlines provided for in this law shall suspend when the procedure is stopped by reason imputable to the applicant. Article 41 delegation of powers the powers conferred by this Act to the Minister of national defence can be delegated to members of the Government. Article 42 transitional Law pending the adoption of the Ordinance referred to in article 39 shall be considered subject to the application of this law the military goods and technologies referred to in chapters XIII and XIV of ministerial order No. 439/94, of 29 June. Article 43 shall be repealed: the set Standard) Decree-Law No. 371/80 of 11 September; b) Decree-Law No. 396/98, of 17 December, amended by law No. 164/99, of 14 September; c) Decree-Law No. 397/98, of 17 December, amended by law No 153/99, of 14 PRESIDENCY of the COUNCIL of MINISTERS on September 25.

Article 44 entry into force this law shall enter into force on the day following its publication.

Seen and approved by the Council of Ministers of 29 January 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency