FRANCE ARMS EXPORT LAWS AND REGULATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90T00114R000500780001-8
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 59
• Document Creation Date: December 22, 2016
• Document Release Date: February 21, 2012
• Sequence Number: 1
• Publication Date: October 1, 1987
• Content Type: REPORT

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DOC NO
OIR ; GbPJ
P PD J COPY 7
SUBJECT: France Arms Export Laws and Re
gulations
t- November 1987)
Distribution:
Copy 1 - Avis T. Bohlen, Dept. Of State
1 - Stanley Sienciewicz, Dept. of State
1 - Deborah E. Graze, Dept. of State
1 - John W. Vessey, III, Dept. of State
1 - William B. Robinson, Dept. of State
1 - Regina Eltz, Dept. of State
1 - Michael T. Peay, Dept. of State
1 - Timothy Ramish, Dept. of State
1 - Robert K. German, Dept. of State
1 - Bowman H. Miller, Dept. of State
1 - William Dean Howells, Dept. of State
1 - Marilyn Morin, Dept. of State
1 - Edmund S. Finegold, Dept. 1 - Col. Robert Turner, Dept of of State
Defense
1 - John J. Maresca, Dept. of Defense
1 Dr. Henry H. Gaffney, Dept. of Defense
1 - Tim Tyler De t
1 - Php . of Defense
1 - Merril, Dept, of Defense
25X1
1 _
1 -
1 - Mr. Frank Vargo, Dep . Of Commerce
1 - William E. Barreda, Dept. of the Treasury
1 - DDI - 7E47
1 - NIO/ECON - 7E47
1 - NIO/EURA - 6G28
1 - OGC - 3503
6 - OGC/SSD/ 25X1
1 - DDI/EURA/Security Issues Div/Defense Programs Branch
1 - DDI/PES/MPS Rm. 7E24
1 = DDI/EURA/Security Issues Div/Politico-Military Analysis
DDI/EURA West European Div./France/Canada/Benelux Br.
1 DDI/OGI 1 DDI/OGI/TID/Defense Industries Branch
1 - DDI/OIA/International Issues Div
1 -
DDI Registry
./Arms Transfe
R
,
m .
r Branch
7E47
1 - 7 tor, Rm. 7D55
1 - 25X1
(E
5 _
xecutive Staff), Rm. 7D60
AS/IMC/CB, Rm. 7G15
1 - C/OGI/ISID
'
1 - C/OGI/AT
1 - Author otiul
1 - 25X1
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Directorate of
Intelligence
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France: Arms Export Laws
and Regulations
C-onfidentF
GI M 87-20176
October 1987 I.
Copy `4 3
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France: Arms Export Laws
and Regulations
Prepared for Office of Global Issues
by Office of General Counsel
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CONFIDENTIAL
CONTENTS
SCOPE NOTE
INTRODUCTION
LAWS APPLICABLE TO THE EXPORT OF WAR MATERIEL
A Two-Tier System of Regulation
The Manufacture of War Materiel
Government Commissioners
THE EXPORT OF WAR MATERIEL
Export License Application Process
APPENDIX A
Decree-law (of 18 April 1939) Establishing the Regulations
Applicable to War Materials, Weapons and Ammunitions
APPENDIX B
Decree No. 73 - 364 of 12 March 1973
Decree No. 83 - 758 of 19 August 1983 Amending Decree
No. 73 - 364 of 12 March 1973
Order of 2 April 1971: List of War Materials and Comparable
Materials Subject to Special Export Procedure and Exemptions
from that Procedure
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France: Arms Export Laws and Regulations
This is one of a series of studies prepared by the Office of General Counsel
examining the foreign laws of selected countries relating to the export of arms and
other war materiel. This analysis is based upon a review of relevant laws, regulations,
and administrative procedures, as well as discussions with U.S. Embassy officers and
foreign government officials. Every effort has been made to keep technical legal
discussions to a minimum. Comments and queries are welcome and should be
addressed to Chief, International Security Issues Division, Office of Global Issues, at
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FRANCE: ARMS EXPORT LAWS AND REGULATIONS
I.
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INTRODUCTION
France is the third largest arms exporting country in the world. French laws and
regulations provide officials with a structure to control the arms industry through a
two-tier regulatory system: (1) control of the manufacturing process; and (2) a special
licensing process for exports of war materiel.
In the first tier, the government regulates all stagetmanufacture Many war
materiel, from research and development through production and marketing.
the major French armament manufacturing companies are owned, wholly or in part, by
the French Government, and are regulated directly. Government representatives, called
government commissioners, are permanently attached to the principal manufacturing
companies, essentially the prime contractors, engaged in the production of weapons of
war as the latter are defined by French law. These government representatives have
two functions; quality control and the protection of classified information.
In the second tier, the French Government can monitor all aspects ects advance to
eadvertise
marketing of war armaments. A company must obtain app
weapons or seek contracts of sale. In almost all cases, according to one senior French
official, approval by the French Government to solicit sales results in ultimate app
to export. Normally, approval of an export license would be denied only if there had
been a change in circumstances, such as a coup d'etat in the buyer country, which
would make it inimical to French national interests to export the weapons.
The regulation of export of armaments, however, can be much more
comprehensive and complex than merely obtaining an export license. For example, in
addition to the imposition of controls on the manufacturing process and regulation
through the direct licensing of exports, France has also established extensive
requirements of French nationality as a prerequisite to eligibility to engage in the
manufacturing process. These requirements are found in the Decree of 18 April 1939
(Appendix A) establishing the regulations applicable to war materiel, weapons and
ammunition and in Decree No. 73-364 of 12 March 1973 (Appendix B) which implements
the prior one.
LAWS APPLICABLE TO THE EXPORT OF WAR MATERIEL
The Decree of 18 April 1939 and the Decree.of Implementation of 12 March 1973,
as amended, are the two principal pieces of legislation applicable to war materiel,
weapons, and ammunition. The other laws of importance are the Decree of 19 August
1983 (Appendix C), which amends the Implementation Decree of 12 March 1973, and the
Order of 2 April 1971 (Appendix D), which lists war materiel subject to special export
procedures. All of these decrees are found in the app
The Decree of 18 April 1939 establishes the basic regulatory framework under
which France regulates the manufacture and export of war materiel. It is the
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culmination of efforts begun by France in the 1930's to impose regulations and
government control in an area which had increasingly become the object of public
attention. France, in the 1939 Decree, generally adopted a system of classification of
weapons contained in a multilateral treaty on international trade of weapons and war
materiel signed in Geneva on 17 June 1925. This classification was retained in
subsequent decrees and orders.
The Decree of 1939 divides all materiel, weapons, and ammunition and their
components into eight categories, contained in two subgroups.
The first subgroup, which deals with "war materiel" consists of three categories:
air."
Category I. "Firearms and their ammunitions designed for warfare on land, sea and
Category 2. "Equipment intended for the transportation and use of firearms in
combat."
Category 3. "Equipment for protection against gas warfare."
The second subgroup deals with weapons and ammunition not considered to be
war materiel. It is divided into five categories:
Category 4. "Weapons described as defensive weapons and their ammunition."
Category 5. "Hunting weapons and their ammunition."
Category 6. "Sidearms for cutting and thrusting ["coldsteeI"]."
Category 7. "Target shooting weapons in fairgrounds or indoors, and their
ammunition."
Category 8. "Antique and collector weapons and their ammunition."
All arms in use in France are covered by the Decree of 18 April 1939 and are
consigned by the implementing decrees to one of the eight categories described above.
The Decree of Implementation of 12 March 1973, as amended, further subdivides these
categories. For example, Category 1 of the 1939 Decree dealing with firearms and
ammunition designed for warfare is further broken down in the Implementation Decree
into more specific subcategories ranging from automatic pistols to nuclear devices and
laser weapons. The manufacture and sale of all products such as poison gas,
gunpowder and other explosive substances, which are not mentioned in the regulations
are, of course, subject to tight Government control on grounds of public safety and/or
national defense.
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A Two-Tier, System of Regulation
It should be noted that the Decree of 18 April 1939, as well as the Implementing
Decree of 12 March 1973, establishes two distinct regulatory processes for the
manufacture and distribution of French armaments and related equipment. The most
stringent controls are placed on war materiel and defensive weapons as defined in
Categories 1 through 4 in the 1939 Decree. France has imposed total control over all
manufacturing and distribution activities for these weapons and equipment. As Article 2
of the 1939 Decree makes clear:
Companies engaged in the manufacture or trade of war materiel, defensive
weapons and ammunitions (categories 1, 2, 3, and 4) cannot operate and their
middleman or publicity agents cannot carry out their tasks unless they have been
authorized by the State and are subject to its control in the manner established
by decree."
For those weapons classified in the remaining four categories, France exercises
less supervision over their manufacture and distribution. France regulates the
manufacture and sale of these weapons in the interest of public safety, since they are
not weapons which are considered to affect France's national security interests. France
does not, however, impose total control over all aspects of production and distribution
as it does in the case of weapons and equipment classified within the first four
categories.
The Manufacture of War Materiel
As indicated above, the 1939 Decree imposes state control over the manufacture
and distribution of war materiel. The Implementation Decree of 12 March 1973 further
defines the conditions'which must be met in order to manufacture weapons and
equipment contained in the first four categories. Article 2 of the Implementation Decree
imposes total state control over weapons and materiel classified within the first four
categories. Article 2 also provides that only the first four categories are subject to this
total control.
Title II of the 1973 Decree sets forth the information that must be submitted to the
government by one seeking permission to manufacture war materiel. Article 7 of this
decree, as noted above, imposes stringent nationality requirements for ownership of
manufacturing concerns engaged in this activity -- the individual enterprises must be
owned by French citizens; partners and managers of partnership companies must be
French citizens; and, in the case of joint-stock companies and limited liability
companies, the managers, active partners, members of the board of directors, members
of the board.of trustees, or members of the supervisory counsel, must be French
citizens. In addition, French citizens must hold a majority of interest in the company.
Paragraph 2 of Article 7, however, permits the government to issue permits to citizens
of European Economic Community member states to engage in the retail trade of
defensive weapons and ammunition contained in Category 4. It is important to note,
however, that paragraph 3 of Article 7 creates an exception to these requirements which
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may be invoked by the government in appropriate cases. It provides that for
"exceptional cases, and for reasons of national defense, the conditions required under
paragraphs 1 and 2 can be revoked."
Under French law a regular authorization for the manufacture of war materiel is
very limited. It applies only to specifically named items and can be valid for not more
than five years. The authorization permit may be renewed, however, for an additional
five years at the end of each period.
The Ministry of Defense is the government agency responsible for regulating the
manufacture and distribution of armaments and equipment classified in the first four
categories of the 1939 Decree. The Directorate of International Affairs (DAI) in the
General Office for Armament is the agency responsible for issuing manufacturing
authorizations after consultation with the Ministry of.Interior and Decentralization. As
noted above, the 1939 Decree confers broad powers on the Government to control and
monitor all aspects of the manufacture of war materiel. Government officials are
authorized to visit factories, audit accounts and inventories, and approve marketing
activities.
Government Commissioners
Government commissioners are assigned to all major companies manufacturing or
marketing war materiel. These companies typically would be those concerned with
electronics and aerospace systems, manufacturers of armaments and associated
equipment, and the National Gunpowder and Explosives Company. Government
commissioners are not provided to the smaller companies which are involved in the
production of war materiel as subcontractors.
The government commissioners are selected from among the members of the
Armed Forces General Control Office and are appointed by order of the Minister of
Defense to their assigned company. They are responsible for monitoring both quality
control and the protection of classified information. Of equal, if not greater, importance
is their role of primary intermediary between the company and the Ministry of Defense.
The commissioners' powers and responsibilities are extremely broad. They attend
meetings of the corporate board of directors and are thereby able to provide the
Ministry of Defense with a substantial amount of information concerning the internal
operation and condition of the manufacturing company.
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THE EXPORT OF WAR MATERIEL
As noted above, the Decree of 18 April 1939, and the Implemention Decree of 12
March 1973, as amended, also establish a comprehensive system of government
controls over export of war materiel. Article 13 of the 1939 Decree prohibits the export
of war materiel and related equipment without a special government permit. This
prohibition on export is independent of ordinary customs regulations and requirements.
The presumption in French law is that exports of war materiel are absolutely forbidden,
absent special and specific government authorization.
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It is the Interministerial Commission for the Study of War Materiel Exports that
recommends exemptions from the general export ban. The role of the Interministerial
Commission is two-fold: first, to examine export requests; and second, to review and
give advice more generally on French export policy. The Interministerial Commission is
chaired by the General Secretary for National Defense and consists of representatives of
the Ministers of Foreign Affairs, National Defense, Finance and Economic Affairs, among
other permanent members, and may also include from time to time representatives from
other ministries. The representatives who sit on the Interministerial Committee are all
high-ranking civilian officials or military officers. As part of their responsibilities they
engage in liaison activities within their own departments to determine their ministries'
views concerning arms export policies as well as the merits of individual export license
requests.
The Interministerial Order of 2 April 1971 establishes the list of war materiel and
comparable materiel which is subject to these special export procedures. This
Interministerial Order further categorizes the types of armaments which are subject to
the export prohibition contained in Article 13 of the 1939 Decree. These war materiel
are divided into the following four categories:
Category A. - land, sea, and air armaments such as rifles, machineguns, automatic
pistols, cannons, periscopes, grenades, rockets, missiles, etc.
Category B. - pistols, automatic pistols and revolvers, and their ammunitions and
also firearms intended or adapted for non-military use, such as hunting or personal
protection, which fire ammunition that can also be used by the firearms listed in
Category A. Category B also includes poisonous gas and materiel for chemical and
incendiary warfare.
Category C. - naval armaments, including warships and their weapons,
ammunitions and associated equipment.
Category D. - air armaments and other aeronautical equipment which can be used
for both military and non-military purposes.
Export License Application Process
Requests for export licenses are submitted by industry representatives to the
Directorate of International Affairs (DAI) which reviews the applications to ensure that all
necessary information is provided in the correct form. This process normally takes from
one to two weeks. The DAI does not pass upon the merits of the license application,
but only on its form. After review, the DAI forwards the application to the General
Secretary for National Defense (SGDN) who chairs the meetings of the Interministerial
Committee. The Interministerial Committee normally meets on the second Thursday of
each month, usually from 9:30 a.m. to 12:30 p.m. Prior to the meeting, the Secretary
General will have circulated to each ministry representative an agenda containing each
license application. At this meeting each application will be considered on its merits.
Unanimous concurrence is required within the committee before a license application
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can be approved. In particularly sensitive cases, the actual decision will be made at the
highest levels of the French Government, which will advise the Committee of the formal
decision to be made. The entire export license application process typically takes
between 10 and 16 weeks from date of application until notification of approval. In
exceptional circumstances, however, where senior government officials have determined
that a quick decision is necessary in the interest of national defense, a decision can
reportedly be obtained in as little as 48 hours.
Relatively few license applications are rejected, perhaps five to ten percent. This
low rejection rate is due to several factors:
First, there are relatively few companies authorized to manufacture arms. The
exact number is estimated to be between four and five hundred.
Second, as noted above, the manufacturing process itself is regulated, and the
French Government makes every effort to coordinate the manufacture of arms with the
current export policies. In addition, there is informal contact throughout the
manufacturing and license application process.
Third, the French Government's arms export policies are well known and are
generally stable.
In those instances where arms manufacturers have been authorized to solicit
buyers for French arms sales, government approval is routinely given authorizing the
sale. The French Government makes every effort to establish a consistent policy on
arms sales, not only for purposes of national defense, but also because arms sales
support an important industry in France with major economic consequences for the
French economy. On occasion, however, the French Government has imposed
restrictions on sales to particular countries for political reasons. The French
Government is on record as not permitting arms sales to Taiwan, South Africa, and
Chile. In addition, senior French officials indicate that France is not entering into new
contracts for arms sales to Libya. According to these officials, France will, however,
continue to provide spare parts to the extent required by current contract.
In determining whether to permit the sale of war materiel to foreign governments,
France considers the following political factors:
1. The state of direct bilateral relations between France and the purchasing
country. This is the single most important element.
2. French security and that of her allies.
3. Political objectives of the purchasing country, both internally and within the
region.
4. The internal political situation in the purchasing country, particularly concerning
human rights.
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5. The sensitivity of the technology and the possibility of diversion, both for
commercial purposes and to the Soviet bloc countries.
It should be noted that dual-use materiel requires Commission approval.
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Decree-law (of 18 April 1939) Establishing the Regulations
Applicable to War Materials, Weapons and Ammunitions.
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DECREE-LAW (OF APRIL 1939) ESTABLISHING THE
REGULATIONS APPLICABLE TO WAR MATERIALS,
WEAPONS AND AMMUNITIONS
The President of the French Republic,
Based on reports made by the Chairman of the Council
[Premier], Minister of National Defense and War; the Deputy-
chairman of the Council, the Keeper of the Seals who is Minister
of Justice, the Minister of Finance, the Minister of Interior, the
Minister of National Economy, the Minister of Foreign Affairs, the
Minister of the Navy, the Minister of Air, the Minister for the
Colonies, the Minister of Commerce and the Minister of Public
Health,
Considering the Law of 11 August 1935 on the nationalization
of war material manufacturing;
Considering the Law of 19 March aimed at granting special
powers to the Government with the agreement of the Council of
Ministers.
Article 1. The war materials, weapons and ammunitions affected by
this decree are classified under the following categories:
I. War Materials
Category 1-- Firearms and their ammunitions designed for warfare
on land, sea and air.
Category 2-- Equipment intended for the transportation and use of
firearms in combat.
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Category 3-- Equipments for protection against gas warfare.
II. Weapons and Ammunitions which are not considered
as War Materials
Category 4-- Weapons described as defensive weapons and their
ammunitions.
Category 5-- Hunting weapons and their ammunitions.
Category 6-- Side-arms for cutting and thrusting ["cold-steel"].
Category 7-- Target shooting weapons used in fairgrounds or
indoors, and their ammunitions.
Category 8-- Antique and collector weapons and their ammunitions.
III. War. Materials
War materials, whether or not falling under the preceding
categories, which are subject to restriction or to a special
procedure for their import or export are defined in Article 11 and
13 given below.
Weapons of any type which are capable of firing ammunitions
used by the weapons listed as war material and any kind of
ammunition which can be fired by weapons listed as war material,
are considered to be war materials.
Another decree will list the materials or components of each
category and the industrial operations concerning them which fall
under the sphere of implementation of the present decree.
Article 2. Any individual or company wishing to engage in the
manufacture or trade of materials listed under the first 7
categories must first send a notification to the prefect of the
department where that person or company intends to build or use a
facility for that purpose. A receipt attesting that the
notification was received is issued.
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Similar notifications must be sent when the facility closes
down or moves to another location, when it discontinues the
activities which are the subject of the present article.
Companies engaged in the manufacture or trade of war
materials, defensive weapons and ammunitions (categories 1, 2, 3,
and 4) cannot operate and their middlemen or publicity agents
cannot carry out their tasks unless they have been authorized by
the State and are subject to its control in the manner established
by decree.
Article 3. The Minister of National Defense is the central and
coordinating authority in the regulation and guidance of the state
control over the manufacture and trade of the materials which are
the subject of this decree.
To that end, he has at his disposal the General Directorate
for the Control of War Materials, the functions of which are
determined by decree.
Article 4. The control is exercised on the spot and for every
time, according to their respective functions, by representatives
of the ministries concerned and, more particularly in the case of
the Department of War, of the Navy and of Aviation, by special
control groups from these ministries and by the General
Directorate for the Control of War Materials.
Article 5. The control established under the terms of Article 2,
paragraph 3 above, will apply to technical and accounting
operations and, more particularly, with regard to production, it
will apply to improvements introduced in the manufacturing, to
profits, to advertising and representation expenses and to the
implementation of the obligations resulting from the present
decree.
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The records required to be kept, the reports which must be
produced and other obligations. of those concerned will 'be detailed
in a decree if necessary.
Article 6. Holders of the permits mentioned in paragraph 3 of
Article 2, above must give free access to every section of their
company to representatives of the military ministries involved and
to representatives of the General Directorate for the Control of
War Materials listed in Article 4.
They must not hinder in any way the investigations required
for them to carry out their mission and which can entail, besides
inspections of the premises and materials, checking the
inventories and any of their company's books, as they deem
necessary.
They must supply verbal or written information and whatever
reports they are asked to produce by the representatives of the
state listed under Article 4 above, in accordance with the powers
vested upon them by the present decree and legislation for its
implementation.
Article 7. When the manufacturing companies, which are the
subject of Article 2 (paragraph 3) of this decree, file
applications for a patent of application to add to an existing
patent concerning materials of the first four categories--
regardless of whether the application is filed by the company
itself or on its behalf--they have 8 days from the date on which
the application was filed to give the department that will be
designated in the decree of implementation a description of the
discovery, invention or practical application for which the patent
or addition to a patent was requested.
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Article 8. Holders of the permits mentioned in Article 2
(paragraph 3) of the present decree must report to the appropriate
department, within a period of 8 days after accepting them, any
orders for materials of the first four categories not intended for
export and which do to originate from the state. These orders
cannot be fulfilled unless specific authorization is issued.
The provisions concerning imports and exports, including those
affecting the acceptance of export orders, are given in Articles
11, 12, and 13 of this decree.
Article 9. The personnel mentioned in Article 4 above, as well as
other civil servants, officers or state officials who, in any
capacity, gain knowledge of the information gathered about
companies through the implementation of the present decree, are
bound to maintain professional secrecy or will be subject to the
penalties stipulated-in Article 378 of the Penal Code.
Article 10. The technical supervision of the tasks entrusted to
industrial enterprises by the Ministries of War, the Navy and Air,
will continue to be the responsibility of the department for
manufacturing and construction in these ministries.
Article 11. It is prohibited to import the materials listed under
categories 1, 2, 3, 4, 5, and 6. Cases where that prohibition is
revoked can be established by a decree. In such cases, an import
permit issued under the conditions specified by interministerial
order must be obtained before the importation can take place.
Article 12. No export order for the materials mentioned in the
next article can be accepted without first being approved under
the conditions determined by interministerial order. The same
approval is required before any of these materials--which will be
listed in that same interministerial order--can be displayed or
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tested with a view to subsequently transferring or delivering them
to another country. The same will apply to the transfer of .
commercial manufacturing licenses or to any other document which
might be required in the manufacturing process. The provisions of
this article do not hinder the implementation, if applicable, of
those contained in Article 2 of the Law of. 26 January 1934 amended
by Article 3 of the Decree of 17 June 1938 concerning the
repression of espionage.
Article 13. The exportation of war materials and comparable
materials without a permit is prohibited regardless of the customs
regulations which are invoked.
Interministerial orders will stipulate:
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1) The list of materials to which the above applies;
2) Revocations of the obligation to obtain a permit prior to
the exportation;
3) Procedure for issuing an export permit.
By abrogation of Article 89 of the Customs Code, challenges by the
Customs Services involving bans on import or export covered by the
present decree will be referred to a committee attached to the
Ministry of National Defense, where the final ruling will be made.
An interministerial order will determine how that committee is
organized and how it operates.
[Articles 14 through 23 omitted.]
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Article 24. Any person who, without being duly authorized,
engages in the manufacture or trade of war materials, or of
defensive weapons or ammunitions of the types mentioned in
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Article 2 (paragraph 3) of this decree, or any person who acts as
a middleman or as publicity agent for the manufacture or trade of
materials, weapons or ammunitions of that type, is subject to
facing 6 months in prison and a fine of between 100 and 5,000
francs.
Confiscation of the manufactured materials and of the items
intended for sale, as well as their sale by public auction can be
ordered by the same ruling if the administrative authorities so
request.
Article 25. Subject to the same penalties is: Anybody who
violates the stipulations of Articles 2 (paragraphs 1 and 2), 6,
7, 8 (paragraph 1), 12, and 21 of this decree.
Article 26. Any unauthorized import or export, except in cases
where an exemption from authorization has been given, falls under
Article 21(b) of the Customs Code which regards as prohibited
goods any goods which can only be imported or exported if the
correct documentation is shown.
To import, or attempt to import, without due authorization,
prohibited materials from the types listed in Article 11 of this
decree will be punished by a prison sentence of 2 to 5 years and a
fine of 1,000 to 10,000 francs without prejudice to implementation
of the customs laws and regulations.
To export or attempt to export, without due authorization,
materials subject to an export ban under Article 13 of this decree
will be subject to the penalties decreed under Article 628 of the
Customs Code.
[Last paragraph of Article 26 and Articles 27 through 42,
including provisions on penalties, omitted.]
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DECREE NO. 73-364 of 12 March 1973 on the implementation of the
Decree of 18 April 1939 which establishes the regulations
applicable to war materials, weapons and ammunitions.
The Prime Minister,
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Based on reports from the Minister of State in charge of
National Defense, the Keeper of the Seals who is Minister of
Justice, the Minister of Foreign Affairs, the Minister of Economy
and Finance, the Minister of Interior, the Minister of National
Education, the Minister Delegate to the Prime Minister in charge
of Nature and Environment Protection, the Minister of Industrial
and Scientific Development, the Minister of Public Health and the
Minister of Trade and Small Business Affairs;
Considering the amended Decree of 18 April 1939 setting out
the regulations applicable to war materials, weapons and
ammunitions, and more particularly Articles 1, 2, 5, 11, 15, 16,
17, 18, 20, and 23 of that decree;
Decrees:
CHAPTER I: Materials Subject to War Material Control
Article 1. The materials included in the categories listed in
Article 1 of the Decree of 18 April 1939 are the following:
A. War. Materials
Category 1. Firearms and their ammunitions designed or intended
for warfare on land, sea or air:
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Paragraph 1. Automatic pistols, firing either 7.65 mm-long
regulation ammunition or ammunition of higher caliber, or with
barrels 11 cm-long or more; automatic pistols of any caliber
capable of firing by bursts or with magazines holding more than 10
cartridges; the barrels and frames for these weapons.
Paragraph 2. Rifles, light magazines-rifles and carbines of
all calibers designed for military use as well as their barrels,
bolts and breech casings.
Paragraph 3. Submachine-guns of all calibers as well as their
barrels, bolts and breech casings; grenades described as offensive
grenades.
Paragraph 4. Machine-guns and automatic rifles of all
calibers as well as their barrels, bolts and breech casings;
special machine-guns for aircraft.
Paragraph 5. Cannons, howitzers and mortars of all calibers
as well as their mounts, breeches, sledges, brakes and counter-
recoil mechanism; special aircraft cannons.
Paragraph 6. Ammunitions, shells and loaded or unloaded
cartridge cases for the aforementioned weapons; loaded or unloaded
devices and mechanisms intended to fire the projectiles mentioned
in this paragraph.
Paragraph 7. Other grenades besides those described as
offensive grenades, bombs, all types of torpedoes and mines,
loaded or unloaded; missiles, rockets and other types of
projectiles, incendiary weapons, devices and mechanisms to fire
them, loaded or unloaded; flame-throwers and any hurling device
which can be used for chemical or incendiary warfare.
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Category 2. Equipment intended for the transportation and use of
firearms in the battle:
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Paragraph 1.- Tanks, armored vehicles as well as their armor
and turrets;
Non-armored vehicles, equipped with a fixed platform or fitted
with a special mechanism (circular mount for anti-aircraft
weapons, launching ramps) making it possible to mount or transport
firearms.
Paragraph 2. All warships including aircraft-carriers and
submarines; also their armor, turrets and casemates.
Paragraph 3. Air Armaments:
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a) heavier or lighter than the air, assembled or
dismantled, designed for military purposes and their
components listed below:
Propellers, fuselage, hulls, wings, tail units,
landing gears, piston engines, turbojets,
statoreactors, pulsoreactors, rocket engines,
turbo-engines, turboprops engines; also the
following parts: compressors, turbines, combustion
chambers and post-combustion chambers, propulsion
nozzles, fuel-regulating systems.
b) All rotating-wing aircrafts and their following
components:
blades, rotor heads and their flight-control
mechanism, transmission boxes, antitorque devices
and turbo-engines.
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c) Special aircraft equipment designed for military
purposes. Life protection and safety equipment, pilotage
and flight control equipment, navigation tools,
photographic equipment and complete parachutes.
d) Special turrets and mounts for the machine-guns and
cannons of an aircraft.
Paragraph 4.
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a) Periscopes, mechanisms and devices for observation,
to determine a position, to make sightings, for detection
or listening; devices to take aim, to direct fire or
calculators to fire guns, rockets, bombs, torpedoes or
missiles.
b) Mechanisms to carry, drop fire bombs, grenades,
torpedoes, missiles, rockets and other kinds of
projectiles; devices to carry or release parachuted
charges.
c) Transmitting and telecommunications equipment,
equipment for electronic counter-measures.
d) Coding, cryptophonic and cryptographic equipment.
Category 3. Equipment for protection against gas warfare and
against products designed for chemical and incendiary warfare.
Complete equipments for insulating or filtering purposes and
their following components: masks, filtering devices, special
clothing.
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B. Weapons and Ammunitions which are not Considered as War
Materials
Category 4. Weapons described as defensive weapons and their
ammunitions.
Paragraph 1. Handguns using center-firing pins which are not
included in category 1 with the exception of starter pistol or
revolvers and those used for alarm or signalling purposes which
cannot be converted into handguns of the types previously listed.
Paragraph 2. Finger-triggered semiautomatic or repeating
handguns.
Paragraph 3. Handguns which require a pull of the trigger for
each shot and have a total length of less than 28 cms.
Paragraph 4. Weapons which can be'converted into the handguns
described in paragraphs 1, 2, and 3 above.
Paragraph 5. Pistols intended for the slaughter of animals
using ammunitions of the weapons listed under category 4.
Paragraph 6. Semiautomatic or repeating shoulder weapons with
a barrel less than 45 cm-long and a total length of less than 80
cms.
Paragraph 7. Barrels, bolts, breech casings and ammunitions
for the above-mentioned weapons, except for 5.5-caliber
ammunitions fired by a pull of the finger.
[Article 1, Categories 5 through 8 and
Articles 2 through 6 omitted.]
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CHAPTER II: Authorization to Manufacture or Trade Materials
Listed Under the First Four Categories.
Article 7. 1. To obtain the permit required under the terms of
Article 2 (paragraph 3) of the Decree of 18 April 1939, the
following conditions must be met according to the type of company
involved:
Individual enterprises must be owned by a French citizen.
Partners and managers of partnership companies must be
French citizens.
- In the case of joint-stock companies and SARL (Limited
Liability Companies], the managers, active partners,
members of the Board of Directors, members of the board
of trustees, or members of the supervisory council must
be a French citizen. French citizens must hold a
majority interest in the company. The state can
subordinate the granting of permits to the manner in
which the shares are registered.
2. However, a permit to engage in the retail trade of weapons
and ammunitions of Category 4 can be issued to citizens of the
European Economic Community member states and to companies
established in conformity with the legislation of a member state
and having their statutory head office, their central
administration and their main facility located on EEC territory.
When one of these citizens, or one of these firms, opens an
agency,'branch or subsidiary on French territory, or provides
services there, the permit referred to in the preceding paragraph
will only be given if:
That citizen is established on the territory of a member
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That firm-in the event of only its statutory office being
located inside the Community-carried out an activity
showing real and constant ties to the economy of the
member state. This situation does not apply when the
basis of these ties are the nationality of the partners
or the nationalities of the members of the managerial or
supervisory bodies or the nationalities of persons
holding the capital stock.
3. In exceptional cases, and for reasons of national defense,
the conditions required under paragraph 1 and 2 can be revoked.
4. Notification by the state of a transaction involving war
materials serves as a permit for the person to whom that notice is
addressed and for that specific deal. The recipient of the
notification is bound by the same obligations as a permit holder
for the entire duration of the transaction.
Article 8. Applications for permits, made in duplicate, will be
drawn following Form samples No. 1 and 2.
The application will be accompanied by the following
information:
a) For private individuals: proof of nationality of the
applicant.
b) For partnerships: names of all named partners,
active and silent partners and managers; proof of
nationality for these persons.
c) For joint-stock companies and limited liability
companies: names of managers, active partners, members
of the board of directors, members of the board of
trustees and members of the supervisory council; proof of
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nationality for these people; information about the
nationality of shareholders and holders of company stock
and the percentage of capital held by French citizens;
type of stock certificates in joint-stock companies;
d) If necessary, the nature of orders of goods made for
the armies and a summary indication of their importance.
The national I.D. card and, in the case of foreigners, their
certificate of residence serve as proof of nationality for the
applicants.
Article 9. Permit applications must be addressed to the Minister
in charge of National Defense. They are recorded in a registry
and receipt is issued.
Article 10. The permits are granted by decision of the Minister
in charge of National Defense after consultation with the
appropriate ministerial department or departments. Notification
of the permits issued is sent to the prefect of the district where
the enterprises are located.
Article 11. The permit indicates:
1.- The name or corporate name, the address of the head
office and main establishment of the-permit holder.
2.- The locations where they exercise their profession or
where the manufacturing or trade will take place.
3.- The materials allowed to be manufactured or traded.
4.- The period of validity. That period will not exceed 5
years but the permit can be renewed for up to 5 years at
the end of each period.
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Article 12. The Minister of National Defense must be immediately
notified in case of:
1.- Any change in
-the legal nature of the permit-holding enterprise,
-the nature or purpose of its activities,
-the number or location of its facilities,
-the identity or legal status of one or several of the
persons listed under Article 7, particularly any change
in their nationality.
2.- Any conveyance of shares or company stock likely to
transfer control of the company into the hands of foreign
nationals.
3.- The total or partial discontinuation of the authorized
activity.
Article 13. The Minister in charge of National Defense can revoke
the permit covered under Article 11:
1.- When the holder no longer meets the conditions required
to obtain the permit or when a change occurs after the
permit was issued which affects the legal nature of the
enterprise, its purpose or the location of its activities.
2.- When the permit holder ceases to be engaged in the
authorized activities.
3.- When he violates the stipulations of the Decree of
18 April 1939 or the legislation enacted to implement
that decree, or else, the labor legislation.
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4.- When the individual to whom a
permit was issued or, in
the case of a permit issued to a company,
holds the Position of director, administrator orrmanaweo
is convicted and sentenced to more than 3 months in gr.,
prison, with or without suspension, for one of the
offenses listed in the Customs Code and in the followin
legislation: Articles 49, 61, 78 g
105, 106 , 79, 82, 85, 87, 88,
107, 109, 184, 209 to 220, 228, 230, 245, 269,
271, 305 to 308, 309, 311, 312, 314, 334 to 336, 343
400, 410, 414 and Z. 40 '
(paragraph 1) of the Penal Code;
Article 4 of the Law of 27 May 1885 on Repeat Offenders,
Law of 28 July ~
1894 for Suppressing Anarchist
Activities; Article L.627 to L.630 of the Public Health
Code; Articles L.65 and L.66 of the Code on the Sales of
Beverages and Measures Against Alcoholism; Article L.1 of
the Traffic Code; the Law of 10 January Combat Groups and Militias; Article 2 of the LawPofvate
19 June 1871 Amended by the Law of 13 December 1893 on
Explosives; the Law No. 70-575 of 3 July 1970 Reforming
the Regulations Applicable to Gunpowder and Explosive
Substances.
CHAPTER III: Obligations of a Permit Holder
Article 14. All holders of
permits such as the one mentioned in
Article 2, paragraph 3 of the Decree of 18 April 1939 must k
special daily register with each eeP a
the a page numbered and initialed by
ppropriate police superintendent or
by the commander of the , in the absence of one,
gendarmerie post. On that register, with
pages set as shown in Form sample No.
blanks or deletions, the items of equip3f th
mentebemust enter, without
manufa
repaired, modified, purchased, sold, leased or dest
royedctured,
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The prefect will check, at least twice a year, the special
register kept by local manufacturers and merchants comparing the
entries against support documents at .their disposal or sent to
them when the sales were made to buyers residing in a different
department.
[Articles 15 through 47 and the Annexes have been omitted.]
PROCEDURE FOR THE IMPORT AND EXPORT OF WAR MATERIALS,
WEAPONS AND AMMUNITIONS AND COMPARABLE MATERIALS
The Prime Minister, the Minister of State in charge of
National Defense, the Minister of Foreign Affairs, the Minister of
Interior and the Minister of Economy and Finance, Considering
Articles 11, 21 and 13 of the Amended Decree of 18 April 1939
establishing the regulations applicable to war materials, weapons
and ammunitions;
Considering Decree No. 55-965 of 16 July 1955 reorganizing the
Interministerial Commission for the study of war material exports;
Considering the Ministerial Order of 2 April 1971 establishing
a list of war materials and comparable materials subject to a
special export procedure and cases where that procedure is waived;
Considering Decree No. 73-364 of 12 March 1973 relating to the
implementation of the Amended Decree of 18 April 1939 establishin
the regulations applicable to war materials, weapons and g
ammunitions,
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Decree:
I. Abro ations of Import Prohibitions
Article 1. Under the terms of Article 41 of Decree No. 73-364 of
12 March 1973, when the Minister of Economy and Finance
exceptional abrogation of the grants an
prohibition to import, the import
permit issued to the petitioners serves as
the exceptional abrogations has been proof of the fact that
granted.
Article 2. Importers must submit to the Minister of Economy and
Finance (General Directorate of Customs and Indirect Taxation)
their request for an import permit which must be drawn as
established by ministerial order of the Minister of Economy and
Finance.
Article 3. The Minister of Economy and Finance (General
Directorate of Customs and Indirect Taxation) has the power to
grant an exceptional abrogation of the prohibition to import when
this is recommended by the Minister of Foreign Affairs, the
Minister of Defense and the Minister of Interior.
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Article 4. Imports of war materials, weapons and ammunitions
intended for the military departments of national defense are
subject to import permits issued after a simple request is made to
the Minister of Economy and Finance (General Directorate of
Customs and Indirect Taxation).
II. Exce tional Abrogations of the Ex ort Prohibition
Article 6. Prior authorization, as stipulated in Article 13 of
the Decree of 18 April 1939 is required for the operations listed
below when they involve materials, weapons and ammunitions fro
Categories A, B, C and D s e m
p cified in the Interministerial Order
of 2 April 1971:
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a) Foreign markets research which includes the
circulation of documents which could allow or facilitate
the manufacture or reproduction of these materials,
weapons or ammunitions, are likely to jeopardize their
effectiveness;
b) Acceptance of orders for studies or manufactures
intended for export;
c) Exchange, transfer or transmission to another country
of studies or the result of studies (prototypes included);
d) Demonstrations and testing for the purpose of
securing foreign orders;
e) Transfer to a foreign country of any industrial
copyrights or any documents pertaining to the above-
mentioned materials.
The granting of an exceptional abrogation for the afore-
mentioned operations does not prevent the administrative
authorities from exercising their rights to refuse permission for
the corresponding export. it does not influence the appro
refusal to grant an exceptional abrogation for a differentval or
operation even when similar material is involved.
Article 7. The exportation outside France of the materials
mentioned by Article 13 of the Decree of 18 April 1939 is
subordinated to the issue of an export permit except in the cases
listed in the Interministerial Order of 2 April 1971 which
establishes the list of war materials and comparable materials
subject to a special export procedure and the abrogations of that
procedure.
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Article 8. Exceptional abrogations of the export prohibition are
granted by the Prime Minister after taking advice from the
Interministerial Commission created under Decree No. 55-965 of
16 July 1955 which reorganizes the Interministerial Commission for
the study of war material exports.
Article 9. The granting of an abrogation does not prevent in any
case the administration from exercising its right to subsequently
refuse to issue the corresponding export permit.
Article 10. Without prejudice to cases where the Minister of
Foreign Affairs, the Minister in charge of National Defense or the
Minister of Economy and Finance may request that the abrogation be
submitted again to the Prime Minister's decision. The Minister of
Economy and Finance issues the export permit. The issuance of the
export permit can require as a prerequisite proof of the fact that
the materials, weapons and ammunitions which are going to be
shipped will be delivered directly to the appropriate authorities
of the importing country or, with these authorities' agreement, to
a specific private establishment appointed and accepted by them
for that purpose. The issuance can then be delayed until the
Ministry of Foreign Affairs has been able to make all the checks
deemed necessary.
Article 11. The exporter must
present an application for an
export permit under the terms specified by order of the Minister
of Economy and Finance.
That application must be addressed to the Minister in charge
of National Defense (Ministerial Office for Armament,
International Affairs Department).
Article 12. The recipient of an export permit must send to the
prefect of the department corresponding to the point of departure
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of the materials, weapons or ammunitions a declaration stating the
type and number of materials, weapons or ammunitions that will be
shipped, the methods of transportation, the post where they will
clear customs and the point of exit from the territory.
That declaration results in the issuance of a receipt which
must be shown at the indicated customs post.
A copy of the declaration is sent by the exporter to the
Ministry in charge of National Defense.
Exports made by the Ministry in charge of National Defense are
not subject to the formalities stipulated in this article.
Article 13. Arrival into the country of destination and the
disposal of the materials, weapons and ammunitions for use are
guaranteed by an excise bond issued in conformity with the Customs
Code.
The responsibility imposed by that bond is only lifted if one
shows a document issued by the customs services of the importing
country stating that the materials, weapons and ammunitions which
were exported have reached the country stated in the bond and have
been declared for use in that country.
When there is no clause prohibiting re-exportation to any
other country, the General Directorate of Customs and Indirect
Taxation can limit the purpose of the bond to a simple
garan
for the arrival of materials, weapons and ammunitions toutheir.y
destination. In that case, the responsibility imposed by the bond
is lifted on presentation of a documentation issued by the Customs
Service of the importing country stating that the materials,
weapons and ammunitions have reached the country mentioned in the
bond.
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Direct shipments of materials, weapons and ammunitions given
by the Ministry of National Defense to foreign governments as well
as the shipment of materials, weapons and ammunitions subject to
the general abrogations mentioned in Article 5 of the Order of
2 April 1971, are not subject to the excise bond formality.
For small shipment, the Customs and Indirect Taxation
Administration can issue a bond dispensation.
Article 14. The exportation of weapons and ammunitions by persons
who are leaving the national territory and are authorized to be in
possession of such weapons and ammunitions in accordance with the
provisions of Articles 16 to 21 of Decree No. 73-364 of 12 March
1973, are not subject to the stipulations laid down by the present
order.
III. Clauses Applying to Both Import and Export Permits
Article 15. A merchant cannot receive an import or export permit
for war materials listed under the first four categories unless he
already has the permit mentioned in Article 2, paragraph 3 of the
Decree of 18 April 1939.
Those persons who do not have that type of permit but who are
asking in a particular instance to be authorized to import or
export materials falling under the first four categories, must
state in detail in their application for an import or export
permit how they intend to use the material due to be imported or
exported.
Article 16. The established period,of validity of import or
export. permits is 6 months from the date on which they were issued.
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That duration can be reduced to 3 months at the request of the
ministers concerned or just one of them.
In particular instances, the period of validity can be
extended to 1 year at the request of the exporters or importers
and on recommendation of the ministers concerned.
In the last two cases mentioned, the fact must be stated in
the permits issued.
Article 17. When the period of validity of the permit issued to
them comes to an end, and in the case of every permit, the
importers or exporters notify the ministry in charge of National
Defense (Section for Control of War Materials).
Article 18. In cases of imports as well as exports, whenever the
Customs Service thinks that the goods declared under a designation
intended to make people believe that they are not the materials
targeted by the present order are, in fact, materials of that
type, that service must notify the committee mentioned in Article
13, paragraph 3 of the Decree of 18 April 1939 and that committee
will rule on the matter.
The same procedure applies when the Customs Service thinks
that the goods fall under a different category from the one
mentioned in the declaration or that their point of origin is
different from the one stated in the declaration.
In the case of rifled weapons from Categories 1 (paragraph 2),
5, or 7 the challenges described in the two preceding paragraphs
of this article will be investigated under the conditions set out
in paragraph 2 of Article 19 which follows.
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Article 19. To implement the first two paragraphs of preceding
Article 18, the Minister in charge of National Defense has a list
of experts selected by the technical services of the National
Defense Department.
To examine challenges described in paragraph 3 of the
preceding article, a gunsmith appointed by the Minister in charge
of National Defense will act as an expert.
Article 20. The committee set up in accordance-with Article 13 of
the Decree of 18 April 1939 to make a binding decision in
challenges by customs dealing with the prohibition of imports or
exports regulated by that decree, consists of the following
members:
A representative of the ministry in charge of National
Defense;
An expert who is qualified to give an opinion on the
equipment under consideration or his substitute, as
established depending on the case, by paragraph 1 or
paragraph 2 of the preceding Article 19.
In case of disagreement between the two committee members, the
Minister in charge of National Defense will rule on the matter.
[Articles 21 through 26 omitted.]
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APPENDIX C
Decree No. 83 - 758 of 19 August 1983 Amending
Decree No. 73 - 364 of 12 March 1973
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Decree No. 83-758 of 19 August 1983 - Amend the decree of 12 March
1973.- fourth category of weapons.
Decree No. 83-758 of 19 August 1983 amending Decree No. 73-364 of
12 March 1973 relating to the implementation of the Decre of
18 April 1939 which established the regulations applicable to war
materials, weapons and ammunitions.
The Prime Minister,
Based on the reports issued by the Minister of Economy,
Finance and Budget, the Minister of Interior and Decentralization,
the Keeper of the Seals or Minister of Justice, the Minister of
External Relations, the Minister of Defense, the Minister of
Industry and Research, the Minister of Commerce and Small Business
Affairs, the Minister Delegate for. Leisure, Youth and Sports, the
Secretary of State to the Prime Minister for Environment and
Quality of Life;
Considering the amended Decree-Law of 18 April 1939
establishing the regulations applicable to war materials, weapons
and ammunitions,
Considering Decree No. 73-364 of 12 March 1973 relating to the
implementation of the Decree of 18 April 1939,
Article 1. Section B of Article 1 of the Decree No. 73-364 of
12 March 1973, the heading of "Fourth Category" is amended as
follows:
"Paragraph 1. Hand weapons using a center-firing pin which
are not included-in the 1st category except starter pistols
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and revolvers, those used for alarm and signalling purposes
provided they cannot be converted into handweapons of the
previously listed types.
Paragraph 2. Semiautomatic or repeating hand weapons
requiring a pull of the trigger.
Paragraph 3. Hand weapons requiring a pull of the trigger for
each shot.
Paragraph 4. Weapons which can be converted into hand weapons
of the types described in the preceding paragraphs 1, 2 and 3.
Paragraph 5. Pistols for slaughtering animals using
ammunitions of the weapons listed under category 4.
Paragraph 6. Barrels, bolts, breech casings, cylinder
casings, ammunitions and loaded or unloaded cartridges used
for the above-mentioned weapons except for 5.5 ammunitions
triggered by a pull of the finger and their loaded or unloaded
cartridges.
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Paragraph 7. Shoulder weapons of the. semiautomatic or
repeating type where the barrel is less than 45-cm long and
the weapon's total length less than 80 cm.
Paragraph 8. Shoulder weapons with one or several smooth
barrels less than 60 cm long and firing more than three shots
regardless of their feeding system.
Paragraph 9. Shoulder weapons with rifled barrels, with semi-
automatic or manually operated reloading action and capable of
firing more than ten shots without changing the clip, as well
as the clips of more than 10 shots used by these weapons."
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Article 2. At the end of Article 19 of Decree No. 73-364 of
12 March 1973, add the following paragraph 4:
"The restrictions concerning the number of weapons of the 4th
category which can be purchased or held by sport societies and
marksmen under the term of the preceding paragraphs, do not apply
to weapons listed under the 4th category, paragraph 3. Also,
those same weapons can be purchased by the persons referred to in
the preceding paragraph 2 if they are 16 years' old or over
providing that minors between the age of 16 and 18 have an
authorization from whoever exercises parental authority over them."
Article 3. Article 21 of Decree No. 73-364 of 12 March 1973 is
extended by a third paragraph which reads:
"With the abrogation of the provisions contained in paragraph
1 of this article, persons in possession of the weapons and clips
listed under paragraph 9 of category 4 must, in order to be
allowed to keep them, make a declaration to the commissioner of
the Republic of the department where they have established
residence and within a period of 6 months following the date when
the present decree goes into effect. They will be given a receipt
attesting that they have made such declaration."
Article 4. Inserted between paragraphs 1 and 2 of Article 23 of
Decree No. 73-364 of 12 March 1973 there is a new paragraph which
reads as follows:
"The preceding provisions do not apply to ammunitions intended
for weapons listed under category 4, paragraphs 3, 8 and 9."
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Article 5. Paragraph 5 of Article 36 of Decree No. 73-364 of
12 March 1973 is amended as follows:
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"The permit issued under the terms of Article 21 is also valid
to carry the weapons mentioned except for weapons from category 4,
paragraphs 3, 8 and 9."
Article 6. The present decree will go into effect on the first
day of the third month after its publication.
Article 7. The Minister of Economy, Finance and Budget, the
Minister of Interior and Decentralization, the Keeper of the Seals
or. Minister of Justice, the Minister of External Relations, the
Minister of Defense, the Minister of Industry and Research, the
Minister of Commerce and Small Business Affairs, the Minister
Delegate for Leisure, Youth and Sports, the Secretary of Sate to
the Prime Minister for. Environment and Quality of Life are
instructed to implement, within their own sphere of competence,
the present decree due to be published in the OFFICIAL JOURNAL of
the French Republic.
Issued in Paris on 19
August 1983
By the Prime Minister, Pierre Mauroy
The Minister of Defense, Charles Hernu
The Minister of Economy, Finance and Budget, Jacques Delors
The Minister of Interior and Decentralization, Gaston Defferre
The Keeper of the Seals, Minister of Justice, Robert Badinter
The Minister of External Relations, Claude Cheysson
The Minister of Industry and Research, Laurent Fabius
The Minister of Commerce and Small Business Affairs, Michel Crepeau
The Minister Delegate for Leisure, Youth and Sports, Edwige Avice
The Secretary of State to the Prime Minister for Environment and
Quality of Life, Huguette Bouchardeau.
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Order of 2 Apr[ 1971: List of War Materials and
Comparable Materials Subject to Special Export
Procedure and Exemptions from that Procedure
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OFFICIAL JOURNAL OF THE FRENCH REPUBLIC
4 April 1971
[order of 2 April 1971]:
List of War Materials and Comparable Materials Subject to
Special Export Procedure and Exemptions from that Procedure
The Prime Minister, the Minister of State in charge of
National Defense, the Minister of Foreign Affairs, the Minister of
Interior and the Minister of Economy and Finance,
Considering Articles 12 and 13 of the Decree of 18 April 1939
establishing the regulations applicable to war materials, weapons,
and ammunitions;
Considering the Order of 14 August 1939 giving the list of war
materials and comparable materials subject, to special export
procedures and exemptions from that procedure, which was amended
by the Orders of 13 June 1956, 14 March 1964 and 4 April 1964;
Considering the Decree No. 55-965 of 16 July 1955 reorganizing
the interministerial commission for the study of war material
exports,
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TITLE I: List of Materials
Article 1. The war materials and comparable materials mentioned
in the first paragraph of Article 13 of the Decree of 18 April
1939 which cannot be exported, under any kind of customs
regulations, without due authorization except in the case of
exemptions listed by interministerial order, are detailed and
divided into the following four categories A, B, C and D:
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Cate or A: Land, Sea and Air Armaments:
1) Weapons, ammunitions and war materials such as the ones
described below when they are designed or intended for warfare on
land, sea or air:
a) Rifles, light magazine rifles and carbines;
b) Machine-guns, automatic rifles, automatic pistols;
c) Cannons, howitzers and mortars;
d) Shells and ammunitions for the weapons listed under
the preceding paragraphs 1, 2 and 3;
e) Periscopes, devices for observation, to determine a
position and to make sightings; detecting and listening
equipment; instruments to direct and regulate the fire of
guns, rockets, bombs, torpedoes, missiles or to release
parachuted charges;
f) Mechanisms to carry or drop bombs, grenades, air or
torpedoes, missiles, rockets and other types of
projectiles;
g) Grenades, bombs, rockets, missiles, land and
underwater mines whether they are stationary or mobile,
torpedoes, underwater grenades;
h) Devices to use the above-mentioned weapons,
instruments and mechanisms;
i) Armor protection in sheets or shaped; armored
vehicles and automotive vehicles;
j) Transmitting equipment and projectors;
k) Coding, cryptophonic and cryptographic equipment;
1) Gunpowders and explosives except for gunpowders used
for hunting, black gunpowders used for mining and
explosives used for industrial purposes, and accessory
equipment needed to explode them;
m) Protection equipment.
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2) Spare parts and fittings for these weapons, ammunitions
and materials.
Cate or B:
1) pistols, automatic pistols and revolvers of any caliber
and their ammunitions;
2) Firearms intended or adapted for non-military uses such as
hunting or personal protection which fire ammunitions that can
also be used by the firearms of Category A;
3) Specialized equipment used to manufacture the weapons,
ammunitions and materials listed under Categories A, C and D;
4) Flame-throwers and any other hurling device which can be
used for chemical or incendiary warfare;
5) Mustard gas, lewisite, ethilarsine dichlorid, for
methylarsine dichloride and any other substances intended
chemical or incendiary warfare.
Cate or C? Naval Armament
All warships including aircraft-carriers and submarines; also
their weapons, ammunitions and war equipment installed on board
the vessels and representing their normal armament.
Category D?
Air armament and other aeronautical equipment which can be
used both for military and non-military purposes.
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1) Aerodynes: aircrafts designed for military purposes or
and non-military purposes,
which can be used both for military wing aircraft
assembled, dismantled or not assembled; and rotating-
whether assembled, dismantled or not assembled.
a. Aerodynes,of French manufacture;
b. Aerodynes of foreign manufacture.
es of aerodynes covered under the headings given in
The list of types '
paragraphs a) and b) above, will be detailed in an
interministerial circular.
2) Guns, machine-guns, turrets and special mounts for
aerodynes.
3) The following components of the aerodynes mentioned in
paragraph 1 above:
wings, tail units, landing
propellers, fuselages, hulls,
gears, piston engines, turbojets, statoreactors, and
turbo-engines, turboprops,
pulsoreactcrs, rocket engines,
their following spare parts: compressors, turbines,
o ulsion
combustion chambers and post-combustions chambers, prP
nozzles, fuel-regulating systems.
The following specific parts only apply to helicopters:
blades, rotor heads and their flight-control mechanisms,
transmission boxes, antitorque and turboengine mechanisms.
4) Special equipment of aerodynes specially designed for
military purposes:
--Life protection and safety equipment;
--Pilotage and flight control equipment;
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--Navigation instruments;
--Photographic equipment;
--Telecommunications equipment;
--Detection instruments;
--Instruments for electronic counter-measures;
The list of equipment will be detailed by interministerial
circular.
5) Complete parachutes.
TITLE II: Exem tions from the classification
Article 2. Not classified as observation instruments mewhich nts of the types
not
mentioned in paragraph 5: Category A, are those
one of the following specifications:
--Special field glasses fitted with a micrometric
graduation reticle;
--Special field glasses for anti-aircraft defense;
--Marine field glasses.
Article 3. Not classified as projectors of the type mentioned in
paragraph 10 of Category A are those which do not meet any of the
following characteristics;
--Diameter of the mirror measuring 60 cros or more;
--High-intensity arc lamps (with the positive and
negative carbons forming an angle of between 15 and 70
degrees);
--Signalling device or
--Directional or inclination device, power-driven or
prepared to become power-driven and more particularly,
projectors for cars, vessels or for lighting purposes.
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Article 4. Not included among the automatic pistols and revolvers
of all calibers mentioned in paragraph 1 of Category B are the
pistols used for alarm signals or to signal thearstart of tridges.a
competition providing they cannot fire bullet
TITLE III: Exem tions From Export Procedures for. Some 0 erations
stem stipulated
Article 5. Are not subject to the authorization o is dealing ed
in Article 13 of the Decree of 18 April 1939, P with:
under. Category D of Article 1 of
a) Aerodynes falling
this order when they are duly registered to provide a
commercial service or when they are used for flights of
an industrial, commercial or touristic nature;
b) Materials transported by rail which are in direct
making temporary use
transit from border to border merely
of the national territory, or materials transferred from
one ship to another without being set on land (at French
ports and airports).
on a temporary basis
c) Materials entering the coutttests, trials or repairs;
for the purpose of carrying
d) Components intended for the phases of development,
perfecting, production and maintenance of war materials
eration agreement where
as part of an international coop when these
the French Government is an interested party,
components are intended solely for the items ordered by
the contracting governments.
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The list of international cooperation agreements which tf all
under this paragraph is established and kept up to date by
of War Material
Interministerial Commission for the Study
Exports. The ministerial delegation for armament (Directorate of
the text
International Affairs) will send the list, and
for National
of such agreements, to the General Secretariat Defense.
e) The weapons, ammunitions and parachutes exported on a
temporary basis for international competitions.
These exemptions, however, can be cancelled at the request of
one of the departments which are members of the Interministerial
t the
Commission for the Study of Exports of War Materials,
request of the minister concerned after consultation with the
Interministerial Commission for the Study of War
Exports. The cancellation can be of a general nature a or not only for ice
shipments to certain countries specifically named i
Prime Minister.
published in the OFFICIAL JOURNAL and signed by the
In the case of a derogation applicable only for certain
countries, the authorized shipments will require that a permit be
certifying that the goods have
issued as they leave the country cwill not be
arrived in their country of destination and that they w
sent to another country where their transit, transshipment or
reexport has been prohibited. That permit will bei1su d ane 3
f accepted under the conditions stipulated in Artlleet the import
Interministerial Order of 14 Aug39weaponssetting
and ammunitions
and export procedures for war material, and comparable materials.
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TITLE IV: Exemptions From Export Procedures for Certain
Types of Materials
Article 6. The prior authorization required under Article 13 of
the Decree of 13 April 1939 does not apply to exports of spare
parts intended to repair or maintain the equipment used by French
companies which, by order of the Minister of Transportation, have
been authorized and approved to engage in air transport operations.
The same privileges will be extended to foreign air companies
or will apply to other war materials after the Interministerial
Commission for the Study of War Material Exports gives it approval.
Article 7. The exemptions granted under Article 6 above can be
revoked at any time by interministerial order.
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Article 8. Whatever the customs regulation applicable, exports of
the war materials, weapons and ammunitions covered by Article 5
and 6 above may be subject to the presentation of a declaration
for statistical purposes under the conditions stipulated by order
of the Director General of Customs and Indirect Taxation.
Article 9. The aforesaid Order of 14 August 1939 is abrogated.
Article 10. The Minister of State in charge of National Defense,
the Minister of Foreign Affairs, the Minister of Interior and the
Minister of Economy and Finance are responsible, each within their
own sphere of competence, for the implementation of this Order.
Issued in Paris, 2 April 1971
By Prime Minister, Jacques Chaban-Delmas
The Minister of State in charge of National Defense, Michel Debre
The Minister of Foreign Affairs, Maurice Schumann
The Minister of Interior, Raymond Marcellin
For the Minister of Economy and Finance and on his authority, by
the principal private secretary, Jacques Calvet.
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Confidential
Confidential
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