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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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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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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