Key Benefits:
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Proposed Law No. 251 /X
Exhibition of Motives
This proposed law falls within the need to comply with the obligations
international setting up of a regulatory diploma from the exercise of the activities of
industry and trade-included in the latter, the activity of intermediation-of goods and
military technologies.
This legislative initiative has its genesis in the fact that the legislation currently in place,
on trade in military goods and technologies, not contemplate the act of intermediation.
The imperious need to legislate stems from the Common Position 2003 /468/PESC, of the
Council of June 23, 2003 on the monitoring of arms intermediation.
Portugal is one of the few member states that does not yet have national legislation on
this activity.
In the framework of Common Position 2008 /944/PESC of the Council of December 8 of
2008, which sets out the common rules applicable to the control of technology exports and
military equipment as well as other control regimes ( Wassenaar Agreement,
Missile Technology Control Regime, OSCE and UN ), this omission, for representing a
vulnerability in the control of arms trade with special relief for weapons
small caliber light, generates discomfort in the national positions adopted in the
different outside on these subjects.
It is further added that this proposed law, alongside the Community Directive on the
intra-community transfers of defence-related products, creates the foundations for
a deep restructuring in the system of control of imports and exports of goods
and defence technologies, aiming to expedite the processes of issuing licences as well as the
of authorization by companies for the exercise of industry and trade activities.
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In summary, the present proposed law, in addition to bridging a legislative gap, opens
a window of opportunity to expedite and simplify the process of issuing permits
in which those defined by the Community Directive on transfers will be included
intra-community of defence-related products. It is in this context that the project
falls into the Simplex Program not only simplifying the processes as improving
significantly the effectiveness of its control, for example through the supply of
reliable management indicators.
It is therefore necessary to adapt the Portuguese legal planning to the current context
international, upon the adoption of a scheme for the access and exercise of these
activities.
The discipline of this matter cannot abstract from the internal market and the rights of free
movement, free establishment and free provision of services that enform it. Of the same
mode, it cannot ignore that this matter entrenses in the Foreign and Security Policy
Common, which develops, in the first line, in the field of cooperation
intergovernmental. There was, thus, that finding a fair balance between the demands of the
domestic market and the interests and concerns at the headquarters of Foreign and Security Policy
Common, establishing and carefully regulating the procedures of control of the
access to trade activity and the respective exercise. They established themselves, too,
appropriate sanctions and the applicable fines.
Taking into account the nature of the activity involved, there was still the collaboration, in its own
supervision, police authorities, information services and security and, if necessary,
of Europol and Interpol.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following Proposal for Law:
CHAPTER I
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General provisions
Article 1.
Subject
This Law regulates the conditions for access to trade and industry activities of goods
and military technologies, as well as the respective exercise.
Article 2.
Definitions
1-For the purposes of this Law, it is considered to be trade in goods and technologies
military, in addition to the operations of purchase and sale and leasing under any of the
its contractual forms, the complex of activities that has the object of
import, export, re-export or transit of military goods and technologies,
as well as the intermediation in business to them relative.
2-For the purposes of this Law, the industry of military goods and technologies shall be deemed to be the
complex of activities that has the object of research, planning, testing,
the manufacture, assembly, repair, processing, maintenance and
demilitarization of military goods or technologies.
3-For the purposes of the preceding paragraphs, it shall be deemed to be:
a) "Importation", the entry into national, temporary or final territory, of goods and
military technologies that have by destination declared Portugal;
b) "Export", the departure of Portugal, temporary or final, of goods and technologies
military, with a destination to third countries, as well as the transmission to the
foreign, by telephone or electronic means, of military goods or technologies,
and still the provision of technical assistance or the provision of technical data
relative to those goods or technologies;
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c) "Reexport", the departure of Portugal, temporary or final, of goods and technologies
military non-originating in community customs territory (TAC);
d) "Transit", the passage through Portugal of military goods and technologies that have
as a destination declared another country;
e) "Intermediation", the activities, not understood in the previous paragraphs, which
consist of the negotiation or the organisation of transactions that may involve the
purchase, sale or transfer of goods and military technologies of a country
third to another third country, carried out by natural persons or
legal, national or foreign, from the Portuguese territory, as well as the
activities developed from a third country since held by
national citizens or legal persons resident or with registered office in Portugal;
f) "Military goods", the products, software, equipment or the components
respective, specifically designed, developed, produced or
transformed for military purposes;
g) "Military technologies", all information, whatever the material support,
necessary for the development, production, testing, processing and use for purposes
specifically military, except dealing with information from the public domain
or resulting from the experimental or theoretical work carried out mainly having
on a view to the acquisition of new knowledge and primarily oriented towards a
purpose or specific application.
4-Do not consider themselves to be of trade in military goods or technologies as
activities developed by companies and transport agents, land, air or
seafarers, when they provide services to traders or industrialists of those or
military technologies, as well as by banks and other credit institutions, when
limed to be granted credit lines or letters of credit to merchants or industrialists,
of those goods or technologies.
Article 3.
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Subordination to the national interest
The trade and industry activities of military goods and technologies are exercised in
strict subordination to the safeguarding of the interests of defence and national economy, of the
public tranquility, internal and external security and respect for commitments
internationals of the Portuguese state.
Article 4.
Entities empowered to exercise the business of trade and industry of goods and
military technologies
1-Can exercise the activities of trade and industry of military goods and technologies,
provided that they observe the conditions required by this Law:
a) State public companies;
b) Commercial companies constituted pursuant to Portuguese law and based in
Portugal;
c) Natural persons residing in Portugal who do not suffer from an inability to
exercise;
d) Natural or legal persons empowered to engage in the trading activity of
goods and military technologies in other states that are part of the European Union.
2-The entities qualified for the exercise of the business of goods industry and
military technologies can market the goods by themselves produced, in the terms of the
Chapter IV, without a need for specific licence for the exercise of the activity of
trade.
CHAPTER II
Exercise of trade and industry activities of military goods and technologies
by commercial corporations seated in Portugal and resident natural persons
in Portugal
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Article 5.
Need for licensing
1-A constitution, under the Portuguese law, of commercial companies that have
by object the exercise of trade and industry activities of goods and technologies
military and the inclusion of these in the statutes of already constituted societies, as well as the
start of the exercise of those activities by natural persons, depends on leave of the
Minister of National Defence.
2-Are void the acts of which result in the constitution of companies which have by
object to the exercise of trade and industry activities of goods and technologies
military or the inclusion of these in the object of already constituted societies, as well as the
acts and legal business related to trade or the goods industry and
military technologies practiced by those who have not obtained the license referred to in the
previous number.
Article 6.
Application for leave
1-The application for leave is formulated upon application addressed to the Minister of
National Defence and presented to the Directorate General for Armament and Equipment of
Defence (DGAED) of the Ministry of National Defence.
2-The application is accompanied by the following elements:
a) Identification of the concrete activity that the applicant proposes to exercise;
b) Identification of the military goods and technologies referred to in the activity that the
applicant proposes to exercise, with express mention of the items of the portaria to which if
refers to Article 42;
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c) Identification of the markets that the applicant proposes to attain;
d) Statutes of the society and draft amendment, in the case of societies already
constituted;
e) Draft statutes, in the case of the companies to be constituted;
f) Provision of electronic access to the permanent certificate or certificate of the
commercial registration;
g) Identification of all partners, administrators, directors or managers and
respective criminal record certificates, or, as to the latter, of the
authorization of the applicant to obtain these documents from the entity
competent by DGAED;
h) Information, in respect of all the entities referred to in the preceding subparagraph, of the
social shareholdings of which they are holders, directly or through the
persons referred to in Article 447 (2) of the Code of Commercial Societies;
i) Detailed information regarding the structure of the group, with indication of the situations
provided for in Articles 482 and following of the Code of Commercial Societies;
j) Minutes of the competent social body which proves the deliberation of participation in the
society, when the partners are legal persons;
l) Organic structure of the company, with specification of the respective technical means and
financial;
m) Proof of the title of national security accreditation or
application for its award, pursuant to Article 9;
n) Identification of a natural person representing the applicant in the framework of the
licensing procedure.
3-In case the applicant is a natural person, the application is accompanied by his / her
identification and certificate of the criminal record, or the authorisation of the applicant to
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obtaining this document from the competent entity by the DGAED, as well as
of the elements referred to in points a) , b) , c) and m) of the previous number.
4-The application and all accompanying documents are signed by the
applicants, and the signatures must be recognized.
Article 7.
Deficiencies of the application and complementary representations
1-When the application is not in accordance with the provisions of the article
previous, applicants are notified to, within 30 days, supply the
deficiencies detected, without what the request is archived.
2-The procedure is instructed by DGAED, who can request any
clarifications or additional elements relevant to the analysis and the decision of the
process.
Article 8.
Assumptions of the license
1-A licence is granted as long as they check, cumulatively, the following
assumptions:
a) Adequacy and sufficiency of the human means of the applicant's company for the financial year
of the activity it proposes to exercise;
b) Adequacy and sufficiency of the technical means and financial resources of the company of the
applicant for the exercise of the activity it proposes to exercise;
c) Technical qualification and suitability of the applicant or the respective partners and
members of the social bodies;
d) Transparency of the structure of the group that allows the proper control of the
activity of the applicant, when this is part of a business group;
e) Security accreditation, pursuant to Rule 9.
2-A Technical qualification consists of the specific knowledge of the goods and technologies
military that is intended to produce or market, acquired by training
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proper.
3-Without prejudice to other attendant circumstances, it considers itself not to possess idoneity
who:
a) Have been convicted, in the Country or abroad, for crimes of doleful bankruptcy,
bankruptcy for negligence, forgery, theft, theft, burla, extortion, abuse of
trust, infidelity, usury, corruption, issuance of cheques without provision,
illegitimate appropriation of public or cooperative sector goods, false statements,
money laundering or infringements of the legislation specifically applicable to the
commercial corporations, or still for crimes practiced in the exercise of activities
of trade or industry of military goods and technologies, as well as goods
considered to be of dual use for the purposes of Regulation (EC)
n ° 1334/2000 of the Council of June 22, 2000;
b) Have demonstrably been involved in the illicit trafficking of arms or
other military goods and technologies or dual use or, still, in the violation of
embargoes on supply of military goods and technologies enacted by the
Organization of the United Nations, by the European Union, by the Organization for the
Security and Cooperation in Europe or the Portuguese State.
Article 9.
Security accreditation
1-Conjointly with the application for the award of leave for exercise of the
trade and industry activities of military goods and technologies, the person concerned may
deliver the application for the award of national security accreditation, for the
exercise of the activities of industry and trade in military goods and technologies, by the
National Security Authority, to be submitted by DGAED to the National Office
of Security.
2-The provisions of the preceding paragraph shall be without prejudice to the possibility of the person concerned
to directly promote the achievement of national security accreditation with the
National Security Authority.
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3-A National Security Authority must pronounce on the formulated request
by the applicant, within 60 days.
Article 10.
Decision
1-A The decision on the application for licence allocation is handed down within 90 days.
2-The licence allocation dispatch is published in the Journal of the Republic .
Article 11.
Nullity of the licence
Without prejudice to other causes provided for in the general law, the licence is void when:
a) Be granted to those who do not assemble the assumptions required by Article 8;
b) Has been obtained by means of false statements or the omission of statements
legally required, as well as by other illicit means, regardless of the
sanctions that the case couberin.
Article 12.
Expiry of the licence
1-A The licence lapses, regardless of any statement:
a) If the start of the activity does not occur within six months of the date of
publication of the dispatch of the licence award;
b) If it is to be declared judicially the interdiction or inabilitation of the holder of the licence, or
if this one fails;
c) If it is dissolved the legal person holder of the licence;
d) If it cees to invigorate the security accreditation.
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2-The dispatch that constate the expiry of the permit is published in the Journal of the Republic .
Article 13.
Revocation of licence
1-A license may be revoked when:
a) Let any of the assumptions that depend on its issuance be
save in the situation referred to in paragraph d) of Article 12;
b) The communications provided for in Articles 28 and 29 shall not be carried out;
c) Its holder unlawfully recuse the provision of information requested by the
DGAED, pursuant to Art. 30;
d) Its holder practises any act of intermediation of goods and technologies
military without the authorisation referred to in Article 15 or by any means
disrespecting or exceeding the authorisation that has been issued;
e) In the event of a proven occurrence of serious irregularities in the administration,
accounting organization or internal audit of the company of its holder.
2-The license revocation of the license is published in the Journal of the Republic .
CHAPTER III
Exercise of the trading activity of military goods and technologies by entities
for such habilitated in other European Union states
Article 14.
Need for registration
1-The persons, natural or legal, who legitimately exercise the activity of
trade in military goods and technologies in other states forming part of the Union
European may exercise that activity in Portugal on the same terms in which
to this are enabled, upon prior registration in the DGAED database.
2-The application for registration is instructed with the documents that demonstrate the
legitimacy of the exercise of activity in another or in other European Union states,
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in particular the license, authorization or other permissive act that titrates it.
3-A DGAED may confirm the existence, validity and duration of the title of exercise
of the activity of trade in military goods and technologies to the authorities
issuers, proceeding to the registration within 30 days.
4-Registration may only be refused on grounds of non-existence, invalidity or in the
non-effective of the title.
5-Registration is cancelled when the registered entity practises any act of trade
of military goods and technologies without the authorisation referred to in Article 15 or by
any mode disrespecting or exceeding the authorization that has been issued.
6-Are nulls the acts of trade in military goods and technologies practiced by whom
legitimately exercise the trading activity of military goods and technologies in others
States of the European Union without previously having obtained the record referred to in para.
1.
7-The entities exercising their activity under this article are subject to
to the provisions of Chapter IV, in respect of acts of intermediation of goods and
military technologies practiced in Portuguese territory or involving entry or
exit of military goods and technologies in that territory, as well as at points a) and b) from the
article 28 and Articles 30 and 33.
CHAPTER IV
Authorization of acts of intermediation of military goods and technologies
Article 15.
Need for authorization
1-Depends on permission of the Minister of National Defence, in the terms of the articles
the following, the practice of acts of intermediation of military goods and technologies, in
Portugal or abroad, by whom you are licensed for the exercise of the activity
under Chapter III, as well as the practice, by the entities referred to in the article
14., of acts of intermediation of military goods and technologies on national territory.
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2-Compete to the Minister of Foreign Affairs to pronounce on the opportunity
and convenience of acts of intermediation of military goods and technologies, from the point of
view of foreign policy.
3-Are void the acts of intermediation of military goods and technologies practiced without the
authorisation pursuant to this Article.
4-The provisions of this Chapter shall be without prejudice to applicable customs legislation.
Article 16.
Procedure of authorisation
1-The application for authorisation for acts of intermediation is formulated through
motion addressed to the Minister of National Defence and submitted to the DGAED.
2-The application is accompanied by the following elements:
a) Identification of the applicant;
b) Identification of the parties, the object and the contents of the business in which the applicant
proposes to intervene, including the detailed mention of military goods and technologies to
that the business refers to.
3-The provisions of Article 7 shall apply, with the necessary adaptations.
Article 17.
Assumptions of the authorisation
The authorisation for intermediation acts is granted as long as they check,
cumulatively, the following assumptions:
a) The applicant is duly authorized to engage in the trading activity of
military goods and technologies;
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b) There are no founded reasons to believe that the business in which the applicant is
proposes to intervene is contrary to the interests of the Portuguese State;
c) The business in which the applicant proposes to intervene is not incompatible with the
provisions of Common Position 2008 /944/PESC of the Council of December 8
of 2008, which sets out the common rules applicable to the control of exports of
technology and military equipment;
d) There are no founded reasons to believe that the business in which the applicant is
proposes to intervene is illicit, involves violation of embargo on supply of goods and
military technologies enacted by the United Nations, by the Union
European, by the Organization for Security and Co-operation in Europe or by the
Portuguese State, or involve violation of any rules of law
international to which the Portuguese State is bound;
e) There are no founded reasons 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 provided for by the Statute of the International Criminal Court or of
other crimes established by norms of international humanitarian law.
Article 18.
Decision
The decision on the application for the award of authorization of an intermediation act
is prowound within 30 days.
Article 19.
Nullity of authorisation
Without prejudice to other causes provided for in the general law, the authorisation for the act of
intermediation is null when:
a) It is granted without verifying the assumptions required by Article 17;
b) Has been obtained by means of false statements or the omission of statements
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legally required, as well as by other illicit means, regardless of the
sanctions that the case couberin.
Article 20.
Expiry and revocation of the authorisation
1-A The authorisation shall lapse, regardless of any declaration, if the act of
authorized intermediation do not take place within 60 days of your notification
to the applicant.
2-A authorisation can be revoked when it cedes to check out any of the assumptions
that it depended on its issuance.
Article 21.
Realization of act of intermediation of military goods and technologies
The realization of any act of intermediation of military goods and technologies is
communicated to DGAED within 15 days.
CHAPTER V
Export of military goods and technologies and import of raw material and other
goods for the production of these goods and technologies
Article 22.
Export, re-export and transit of military goods and technologies and import of
raw materials and other goods for your production
This Chapter shall apply to the national production of military goods and technologies
commissioned by foreign countries, the export, re-export and transit of goods and
military technologies and well to the import of raw materials and other goods
for its production, by domestic companies, when required by the Armed Forces or
by the Security Forces.
Article 23.
Competencies
1-Compete to the Minister of National Defence:
a) Establish, by agreement with the competent entities of other countries, the acceptance
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of orders for military goods and technologies for execution by industry
national of armaments;
b) Authorize domestic companies to accept the orders referred to in the preceding paragraph
with a destination to other countries and authorize the export, re-export and transit of
military goods and technologies;
c) Sanction the export of military goods and technologies alienated by the Forces
Armed or by the Security Forces;
d) Issue the authorisations for import of raw materials;
e) To promote the surveillance and accreditation relating to these activities, respectively
provided for in Articles 26 and 27.
2-Compete to the Minister of Foreign Affairs to pronounce on the opportunity
and convenience of the operations mentioned in the ( a) a c) of the previous number, of the
point of view of foreign policy.
Article 24.
Import of raw materials and other goods
1-For the performance of contractual obligations with a view to the national production of goods and
military technologies, commissioned by foreign countries and export or
re-export of these goods and technologies to the Armed Forces and to the Forces of
National security, national arms companies can, upon dispatch
favorable to issue, for each case, by the Minister of National Defence being permitted to
import raw materials and other goods deemed necessary.
2-Can be also authorized by the Minister of National Defence, imports to
the domestic arms, raw materials and goods companies intended for
constitute strategic reserves.
Article 25.
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Prior registration
The import and export operations provided for in this Chapter are dependent on
of prior registration arranged and maintained by the DGAED, pursuant to Art. 14 para.
Article 26.
Surveillance
1-A The application given to the raw materials and other imported goods and the
forwarding of the military goods and technologies referred to in Article 23 are the subject of
supervision.
2-The Ministry of National Defence promotes the surveillance referred to in the preceding paragraph,
requesting cooperation from the competent authorities for acts and representations in
function of the subjects in question.
Article 27.
Accreditation
The entities that take effect the activities referred to in this Chapter are the subject of
accreditation pursuant to Art. 9 para.
CHAPTER VI
Control of trade and industry activities of military goods and technologies
Article 28.
Mandatory communications
Entities licensed pursuant to this Act shall report to DGAED:
a) Until the January 31 of each year, the identity of all the partners, as well as the
amount of the respective shareholdings, based, inter alia, on the records of the
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annual general meeting;
b) Until the January 31 of each year, a report of activities, with mention and
description of all trading operations of military goods and technologies
carried out in the previous year;
c) Within 15 days after its designation or amendment, the composition of its
administration and supervisory bodies, justifying their appropriate qualification and
idoneity;
d) Within 15 days after its realization, the amendments to the Statutes, apply,
with the necessary adaptations, the established for the initial licence;
e) Within 15 days of its celebration, the parassocial agreements between associates 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 occurred in the situations provided for in the paragraphs h) and
i) of Article 6 (2);
g) Within 60 days, the constitution of representatives, branches or subsidiaries in the
foreign.
Article 29.
Mandatory communications of the partners of arms industry companies
1-The partners of arms companies licensed under this Law shall communicate
previously to DGAED the transmissions of the social shareholdings that imply
amendment of the situation provided for in points h) and i) of Article 6 (2), under penalty of
nullity of the acts or legal business in which those transmissions if
consubstantiate.
2-Within 90 days from the date of the communication referred to in the preceding paragraph, the
Minister of National Defence may oppose the transmission of social shareholdings, case
consider that it is contrary to the interests of National Defense.
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3-A transmission to which the Minister of National Defence has objected to the terms
provided for in the preceding paragraph is void, without prejudice to the suspension of the exercise of the
voting rights corresponding to the holdings in question.
4-For the exercise of power provided for in paragraph 2, the Minister of National Defence may require
the information you consider necessary.
Article 30.
Provision of information
Entities licensed or intending to obtain a licence under this Act
must provide all the information regarding their organic structure and activity that
are requested from them by DGAED.
Article 31.
Obligations of actors in trading operations of goods and technologies
military
When they have or should have knowledge of the goods and technologies involved, the
companies and transport, land, air or maritime agents that provide the
respective services to actors in trading operations of goods and technologies
military, as well as banks and other credit institutions that grant lines of
credit or letters of credit to those actors, must request document
proof of authorization of the act of trade in military goods and technologies concerned.
Article 32.
Registration
1-It Is Incumbent on DGAED to organize and maintain a record of all the exercise licences of the
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trade and industry activities of military goods and technologies and of all
authorizations of practice of acts of trade in military goods and technologies, as well as
of the facts referred to in Article 14 para.
2-The registration is maintained for a period not less than 15 years after the cessation of effects
of the act to which he respects.
Article 33.
Supervision
1-Incumbent to DGAED the supervision of trade and industry activities of goods and
military technologies in Portugal and, when developed by entities of
Portuguese nationality or who have residence or registered office in Portugal, at the
foreign.
2-For the purpose of the preceding paragraph, DGAED may request any entity to
information and the documentation it deems necessary, as well as requesting the
collaboration of the police authorities, the information services and, if necessary, the
Europol and Interpol.
3-It Is Incumbent on DGAED to certify, before the authorities of foreign states, the
existence or non-existence of licences or permits relating to the exercise of the
trade and industry activities of military goods and technologies issued in
Portugal.
CHAPTER VII
Sanctionatory provisions
Article 34.
Unlawful practice of acts of trade in military goods and technologies
For the purposes of Article 87 (1) of Law No 5/2006 of February 23, it shall be deemed to
the agent is not allowed to be authorized when:
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a) Do not be holder of licence for the exercise of the trade in goods and
military technologies, or is holder of license that is void because it has
dolly provoked;
b) For holder of licence for the exercise of trade in goods and
military technologies under the present or is empowered to exercise it in
Member State of the European Union, and in this case the registration has been made
provided for in Article 14, and practice acts of trade in military goods and technologies
provided for in this Law, on its own or alhea, without any such acts having
have been authorized or having been authorized upon administrative act that is
void because it has dolly provoked.
Article 35.
Illicit exercise of the activity of arms industry
Who to develop activity that has the subject of research, planning, the
testing, the manufacture, assembly, repair, processing, maintenance or
demilitarization of military goods or technologies without being a licence holder for the financial year
of the activity of arms industry or being a licence holder that is void because of
which has been dolly provoked is punishingly punishingly 4 a to 14 years in prison.
Article 36.
Counter-ordering
1-It is punishable with fine of € 500 a € 70,000 or, treating itself as a collective person, yet
irregularly constituted, from 1,000 a to € 200,000, who:
a) Providing false statements or employing illicit means with a view to obtaining the
license, registration or authorization provided for in Articles 5, 14 and 15, without
prejudice to the applicable criminal sanctions;
b) Do not fulfil the obligation to carry out the communications to which the articles relate
28. and 29.
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c) Do not provide information or provide documents that have been requested from us
terms of Article 30;
d) They should do so, not ask for the document proving permission of the act
of trade in military goods and technologies pursuant to Art. 31 para.
2-Conjointly with the fines provided for in the preceding paragraph, may be applied to the
infringes the following sanctions:
a) Seizure and loss of the product of the offence;
b) Inhibition of the exercise of social positions and of functions of administration, direction,
management or managerial, in legal persons who have per activity the trade of
goods and military technologies, for a period up to 10 years.
Article 37.
General provisions in sanctionatory matters
1-Legal persons, even if irregularly constituted, are responsible for the
offences committed by the holders of the respective bodies, in the exercise of their
functions, as well as by their representatives, when acting on behalf or in the
interest of those, even if it is invalid or ineffective the title of the legal relationship between
that and these and without prejudice to the responsibility of the latter.
2-The provisions of this Chapter shall apply to the facts practiced in territory
foreign by agents with a registered office or residence in Portugal.
3-A attempt and neglect are always punishable.
4-In the event of negligence, the maximum and minimum limits of the fine are reduced to
half.
5-Legal persons respond in solidarity with the payment of the fines, fines and
costs in which your individual agents are convicted of the practice of offences
punishable under the terms of this Law.
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Article 38.
Special provisions on the counterordinational procedure
1-A The decision of the counterordinational procedures provided for in this Law shall compete
to the Minister of National Defence.
2-A The instruction of the counterordinational procedures provided for in this Law shall be
to DGAED.
3-The term for defence is set between 10 and 30 working days, taking into consideration the place of
residence, seat or permanent establishment of the defendants and the complexity of the
process.
4-The accused cannot arrogant more than five witnesses for each offence.
5-The competent court for the appeal and enforcement of administrative decisions of
application of counter-ordinances provided for in this Law is the Judicial Court of the
Comarch of Lisbon.
CHAPTER VII
Final and transitional provisions
Article 39.
List of military goods and technologies
1-The Government approves annually, for the office of the minister responsible for the area of
national defence, ears the ministers responsible for the areas of the administration
internal, finance and economy, the list of military goods and technologies subject to the
application of this Law.
2-A The list referred to in the preceding paragraph shall necessarily include the goods and technologies
military that build on the common military list approved by the Council in execution of the
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Common Position 2008 /944/PESC of the Council of December 8, 2008, which
sets out the common rules applicable to the control of technology exports and
military equipment.
Article 40.
Suspension of procedural deadlines
The time limits provided for in this Law shall suspend when the procedure is stopped
by reason attributable to the applicant.
Article 41.
Delegation of powers
The competences conferred by this Law to the Minister of National Defence may be
delegated to members of the Government.
Article 42.
Transitional law
Until the approval of the porterie referred to in Article 39 shall be deemed to be subject to the application
of this Law the military goods and technologies referred to in Chapters XIII and XIV of the
Portaria No. 439/94 of June 29.
Article 43.
Abrogation standard
They are revoked:
a) The Decree-Law No 371/80 of September 11;
b) The Decree-Law No. 396/98 of December 17, as amended by Law No. 164/99, of 14
of September;
c) The Decree-Law No. 397/98 of December 17, as amended by Law No. 153/99, of 14
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25
of September.
Article 44.
Entry into force
This Law shall come into force on the day following its publication.
Seen and approved in Council of Ministers of January 29, 2009
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs