FRANCE ARMS EXPORT LAWS AND REGULATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90T00114R000500660001-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 69
• Document Creation Date: December 22, 2016
• Document Release Date: February 21, 2012
• Sequence Number: 1
• Publication Date: November 10, 1987
• Content Type: REPORT

Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
IATE_?_ cog 50
1DOC NO (T A ,- ZOW
DIR J" C6!?lS~~r~~ "~ r
P$ PD l C?!Y lr
SUBJECT: France Arms Export Laws and Regulations
DDI/OGI/ISID/AT (10 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. of State
1 - Col. Robert Turner, Dept of Defense
1 - John J. Maresca, Dept. of Defense
1 - Dr. Henry H. Gaffney, Dept. of Defense
1 - Tim Tyler, Dept. of Defense
1 - Philip Merril, Dept-- _of Defense
1
1 -
1 -
1
1
1
1
1
1
6
/I
1 - DDI/EURA/Security Issues Div/Defense Programs Branch
1 - DDI/PES/MPS Rm. 7E24
1 - DDI/EURA/Security Issues Div/Politico-Military Analysis
1 - DDI/EURA West European Div./France/Canada/Benelux Br.
1 - DDI/OGI
1 - DDI/OGI/TID/Defense Industries Branch
Mr. Frank Vargo, Dept. of Commerce
- William E. Barreda, Dept. of the Treasury
- DDI - 7E47
- NIO/ECON - 7E47
- NIO/EURA - 6G28
- OGC - 3S03
- 0GC/SSD
25X1
v
1 - DDI Registry, Rm. 7E47 ?/ rms Transfer Branch
1 - Executive Dire tor, Rm. 7D55
1 - re (Executive Staff), Rm. 7D60
5 - S/IMC/CB, Rm. 7G15
1 - C/OGI/ISID
1 - C/OGI/AT
1 - Author
- DDI/OIA/International Issues Di
A
25X11
25X1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
Directorate of
Intelligence
Belgium: Arms Export Laws
and Regulations
Confidential
C-ozifidential
GI M 87-20160
September 1987
Copy 0 5 0
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
Belgium: Arms Export Laws
Prepared for Office of Global Issues
by Office of General Counsel
M Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
SCOPE NOTE
BACKGROUND
LAWMAKING IN BELGIUM
LEGAL CONTROL OF EXPORTS
The Law of 11 September 1962
The Royal Decree of 24 October 1962
LICENSING PROCEDURES
Are the Goods in Question "War Materiel?"
Should the Export of War Materiel be Permitted to the
Country in Question?
Special Procedural Considerations
Appeals of License Denials
Transshipment of Goods
CONCLUSION
BOX 1: The Co-ordinating Committee on Export Controls (COCOM)
Appendix A
Law on the Manufacture, Trade, and Carrying of Weapons and
on the Trade of Ammunition
Appendix B
Law of 11 September 1962 on the Import, Export, and Transit
of Goods and Law of 19 July 1968 Ammending the Law
of 11 September 1962
Appendix C
Royal Decree of 24 October 1962 Regulating the Import,
Export and Transit of Goods
Appendix D D1
Lists of War Materiel
i
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
Belgium: Arms Export Laws and Regulations
Scope Note
This study on Belgium is one in a series of contract studies on the laws related to
the export of arms and other war materiel in selected countries. This analysis is based
upon a review of laws, regulations, and administrative procedures, and discussions with
US Embassy officers and government officials in Belgium. It is not, however, a conclusive
analysis of these laws and regulations, their practical application, or their judicial
interpretation. Comments and queries are welcome and should be addressed to Chief,
International Security Issues Division
ii
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 . Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
Although a small country, scarcely larger than the state of Maryland, Belgium long
has maintained a mature, heavily industrialized economy with a productive capacity that
belies its small size. Given Belgium's pivotal location "at the crossroads of Europe," its
extensive and diverse transportation systems, and the scarcity of natural resources, its
economy understandably is dependent upon exports to a great extent. Raw materials and,
increasingly, technology are imported, and finished goods and services in turn are
produced and exported. Figures for the year 1983 are illustrative of the crucial role of
exports in the Belgian economy: with a gross national product (GNP) that year of $87.76
billion, exports were valued at $51.93 billion.l/ By comparison, Canada, in that same year,
had a GNP that exceeded Belgium's by 340 percent, yet exceeded Belgium in exports by
less than 50 percent.2/
At one time, armaments and ammunition accounted for a significant portion of
Belgian exports, and Belgium was considered to be a principal exporter of war materiel.
Between 1929 and 1938, for instance, Belgium ranked seventh worldwide in such exports,
accounting for a full five percent of the world total.3/ Today Belgium would not be
considered a major world supplier of arms in terms either of the total value of arms
exports or of the development of major weapons systems.4/ Nevertheless, Belgium
remains a major supplier of light weapons, guns for armored vehicles, support equipment,
such as field communication units, and other items that do not produce the income
generated by sophisticated, heavy weapons systems. With regard to more sophisticated
systems, Belgian arms. producers have been described as "a reliable partner of the
international giants"5/ in offsets and other subcontract production, and as proficient in
the adaptation of advanced technology into simpler systems more appropriate for Third
World consumers.
The Belgian economy historically has been overwhelmingly private and
free-market, and recent government involvement in business has been limited primarily to
support of weaker sectors of industry, such as steel and textiles. The traditional
government approach, however, remains the avoidance of extensive regulation of
business. Although, for instance, arms manufacturers must register with local authorities
pursuant to the 1933 Law on the Manufacture, Trade, and Carrying of Weapons and on the
Trade of Ammunition (Appendix A), there is no specific control exercised over the
1/ US Arms Control and Disarmament Agency (ACDA), World Military
Expenditures and Arms Transfers - 1985 (hereinafter ACDA Report), pp-54 and 96. Figures
shown are in 1983 dollars.
2/ ACDA Report, pp. 54, 57, 96,.and 99.
3/ R.E. Harkavy. The Arms Trade and International System (1975), pp. 78-79.
4/ In 1983, Belgian arms exports amounted to $280 million, representing only 0.5 percent
of the total value of exports.
5/ S. Geisenheyner. "Spotlights on the Belgian Defence Industry," in Military Technology,
No. 2/86 (Feb. 1986), p. 44.
1
CONFIDENTIAL
- Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
production of arms or other munitions. Moreover, any Belgian Government financial
involvement in private companies engaged in the manufacture of war materiel is, with a
few exceptions, insignificant.6/
This liberal approach toward economic regulation is reflected in the Belgian system
for controlling the export of war materiel. Indeed, the only law that governs that system
directly is the Law of 11 September 1962 (as amended in 1968) (Appendix B), which
authorizes the establishment of a system for the licensing of exports in general. Neither
that law itself, nor its implementing royal decree (Appendix C), mentions war materiel
specifically.
The Belgian system for controlling arms exports is premised upon a two-part
analysis: a determination of whether the goods to be exported are war materiel as
defined in a government published list and the COCOM list of war materiel; and the
interpretation and application of the four statutory criteria that underlie the authority to
regulate exports, any one of which may be invoked by the appropriate authorities to deny
an export license for goods that appear on the lists of war materiel. The amended 1962
law and its implementing royal decree, together with the lists of war materiel, are the
only published sources directly governing the export of munitions from Belgium.
Inasmuch as these sources provide little more than a skeletal outline of a control
system, informal procedures have been developed to govern decisions to grant or to deny
export licenses for war materiel. Ultimately, such a decision is a matter of policy based
upon the type and amount of materiel to be exported and an evaluation of the political
ramifications, both foreign and domestic, of permitting such an export to.the country of
destination. The following discussion will include a description and analysis of these
procedures.
The Belgian system of government is a parliamentary democracy with a
constitutional monarchy, containing executive, legislative, and judicial branches of
government. The executive power is formally vested in the King, although his authority is
largely ceremonial, inasmuch as his formal powers are- actually exercised by-the- Prime
Minister and the Council of Ministers (or cabinet). The cabinet is made up of ministers
selected from each house of the bicameral legislature who serve under the leadership of
the prime minister. The most important ministers (foreign affairs, justice, economic
affairs, and defense) exercise the day-to-day executive authority. The initiation and
promulgation of royal decrees in the name of the King is effected by the cabinet; the King
may not act on his own initiative, and acts of the King are invalid unless countersigned
by one of the ministers. For controversial or other sensitive issues, the entire cabinet
convenes to consider the matter, with most decisions being reached by consensus rather
than by formal voting.
The constitution confers the legislative power upon the legislature (or "Parliament")
and the King, although, again, the cabinet actually exercises the King's powers of
6/ A noteworthy exception is the significant government ownership (50 percent) of
SONACA, the firm responsible for much of the offset work awarded to Belgium under the
terms of the sale of F-16 aircraft to several NATO countries.
2
CONFIDENTIAL
= Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
legislative initiative in his name. Although Parliament retains the power to initiate
legislation, in practice most such proposals now originate with the cabinet. Before
submission to the Parliament, bills are referred to the Council of State (Conseil d'Etat), in
effect a court of administrative review, for an advisory opinion, which often is taken into
account in redrafting proposed legislation. Bills must be endorsed by both houses before
they are transmitted to the King for signature and promulgation. References in the
following section to the powers of the King should be read with the understanding that
these powers are actually exercised on behalf of the King by ministers in the Belgian
Government.
The Law of 11 September 1962
The Law of 11 September 1962, as amended by the Law of 19 July 1968 (Appendix
B), is the sole statutory authority for controlling arms exports from Belgium. The law
vests in the King, in consultation with the Council of Ministers, the power to regulate by
decree the export, import, and transit of goods. This law is typical of Belgian legislation:
it is brief and couched in language that is both broad and vague, as with the succinct yet
expansive grant of the power "to regulate." The result is a comprehensive treatment of
the subject, but with broad discretion left to those who administer the Law.
Article 2 of the law and its 1968 amendment set forth the criteria that govern the
regulation of exports. Using these criteria, the government can control, to the point of
actual embargo, the export of certain goods, including war materiel. The first three of
these criteria appear in the original 1962 law. They provide that the licensing system
may be imposed:
o To safeguard the vital interests of a specific economic sector or
those of the national economy as a whole.
o To safeguard the internal or external security of the country.
o To ensure the implementation of treaties, conventions, or agreements
signed for an economic purpose or dealing with security, and the
implementation of decisions or recommendations of international or
supranational bodies.
The 1968 Amendment added a fourth criterion, permitting regulation of exports:
o To contribute to the observance of the general principles of law and
of human rights recognized by civilized nations.
Although the second criterion may leave some room for interpretation, the three
original criteria essentially require that specific conditions be present before they may be
invoked to deny an export license. By contrast, the fourth criterion is very broad and
permits almost limitless application; it would appear to be a reaction to the constraints
imposed by the very specific initial criteria. In fact, one commentator has asserted that
this fourth criterion was added hurriedly in response to a Belgian Government decision
not to allow exports to either side in the Nigerian civil war, and the realization that such
3
CONFIDENTIAL
= Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
an embargo could not easily be justified under then-existing criteria.7/ In any event, it
would appear that this last criterion is the one now relied upon in all but the most
unusual instances where an export license for war materiel is denied.
In addition to the inherent vagueness of the concepts contained in the fourth
criterion, there are no implementing regulations or other published sources offering
guidelines for the interpretation or application of any of these criteria. Furthermore, there
apparently are no formal internal guidelines imposing any standards upon the ministries
tasked with interpreting such terms, nor is there any inclination to restrict the wide
discretion bestowed by the statute. The implementing royal decree and informal policies
and procedures are used, however, to establish some degree of internal control and
division of authority, as discussed below.
Article 6 of the law permits the appropriate ministers to establish "special
requirements" for licenses, by means of either regulations or instructions conveyed to the
issuing authorities. This provision is the legal authority for the requirement, discussed
below, that applications to export war materiel to most countries contain end use
certificates executed by appropriate government officials in those countries.
The Law of 11 September 1962 also addresses several administrative matters.
Principal among these are the grants of authority to the King and appropriate ministers to
determine conditions (Article 4) and set fees (Article 5) for the issuance and use of
licenses, as well as the authority to revoke licenses already issued where unspecified
"special circumstances" warrant (Article 7). Article 8 of the law authorizes the imposition
of special duties upon the import or export of such goods as are named by the King. No
special duties have been imposed to date, however, upon the export of war materiel:
Finally, the law contains enforcement provisions. Article 10 provides that
violations and attempts to violate the law may be punished in accordance with the
criminal provisions found in the General Law on Customs and Excise.
The Royal Decree of 24 October 1962
The decree (Appendix C) implementing the Law of 11 September 1962 specifies the
agencies responsible for the export licensing system and provides a general outline for
the issuance of such licenses.
Article 1, paragraph 1, of the decree vests in the Ministers of Economic Affairs and
of External Commerce (and the Minister of Agriculture where such products are involved)
the authority to require licenses for the import and export of certain goods. By virtue of
this authority, extensive lists of goods subject to the licensing requirement periodically
are published in the Moniteur beige, the official government gazette. The most recent of
these lis include lists of weapons and other war materiel, was published in the Moniteur.
of 12 March 1982. These lists of war materiel (Appendix D) in fact consist in large part
of Belgium's national COCOM list of strategic weapons and other equipment prohibited
from export to Communist-bloc nations; it is used in determining whether a license must
be obtained in order to export an item elsewhere in the world. (A brief discussion of the
COCOM system is contained in Box 1). For this purpose, the original COCOM list is
supplemented by an additional list of hunting, target, and similar weapons, and parts and
related supplies, the most recent of which was published in the Moniteur of 29 December
7/ J. Stanley and M. Pearton The International Trade in Arms (1972), p. 15
4
CONFIDENTIAL
= Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 CIA-RDP90T00114R000500660001-1
CONFIDENTIAL
1985 (Appendix D). Although not provided for in the decree, the Ministries of Defense and
Foreign Affairs are consulted informally in the course of preparing the lists of weapons
and other war materiel.
The first step in the process of granting an export license is to determine whether
the goods constitute war materiel subject to the export licensing requirements. If the
goods to be exported are not found either on the general lists of goods or on the
COCOM lists of strategic equipment and technology, no license is required for their
export. Standard customs procedures, including documentation requirements and
value-added tax (VAT) assessments, still must be observed, however.
Article 1, paragraph 2, of the Royal Decree contains what ostensibly is the
authority for the second part of the process by which applications for export licenses are
reviewed, namely, the evaluation of possible political effects of permitting the export of
war materiel to the country in question. Although that paragraph indicates that the
Ministers of Economic Affairs, External Commerce, and Agriculture (where appropriate)
exercise this authority, in practice the Ministry of Foreign Affairs (MFA), in consultation
with the other interested ministries, is responsible for determining the countries for which
export licenses for war materiels may be issued or denied.
The decree also specifies (Article 2) that requests for export licenses are to be
transmitted to the Central Office of Quotas and Licenses (Office Centrale des Contingents
et Licenses or OCCL), which is located within the Ministry of Economic Affairs (MEA). The
balance of the decree concerns such administrative matters as the basic requirements for
license applications (Article.3), certain conditions that will render licenses void (Article 5),
and provisions for the surrender or retention of expired licenses (Articles 5, '6, and 7).
Enforcement of the decree's provisions is addressed in Article 9 by means of a reference
back to Article 10 of the Law of 11 September 1962, and thereby to the punitive
provisions of the General Law on Customs and Excise.
The foregoing represents a description of the formal, published rules that govern
the export of war materiel from Belgium. These rules, of course, are essential elements
of the Belgian system, but they do not address the procedures and say little of the
policies underlying a particular decision to deny, or to allow, such exports. For example,
the Royal Decree of 24 October 1962 enables specific ministers to regulate the export of
goods to whichever countries they choose, in effect to embargo arms shipments, or
indeed any exports, to those countries. The decree is silent, however, with respect to the
standards that these ministers should use in identifying the countries to be subjected to
such regulation. Of course, the criteria contained in the enabling legislation, the Law of
11 September 1962, are the designated reasons upon which the entire system of
regulating exports is to be based, but, as has been discussed, they are either so specific
(the first three) or so broad (the fourth) as to furnish little guidance for policies or
procedures. As a result, informal procedures have evolved whereby the ministries
involved have assumed functions to protect their particular interests in regulating exports.
The process of control actually begins with the Belgian manufacturer who seeks to
export war materiel or what reasonably might be considered to be war materiel. The
manufacturer files an application for an export license with the OCCL, which triggers the
two-part review process. If an exporter attempts to ship war materiel without first
seeking a license, the control process would begin, if at all, with the refusal of Belgian
Customs to allow shipment pending the obtaining of a license, presuming that the
5
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 CIA-RDP90T00114R000500660001-1
1
CONFIDENTIAL
shipment does not elude, or is ignored by, Customs altogether. Viewpoints as to the
frequency of bypassing Customs vary widely; the Belgian Government, not surprisingly,
would appear to consider it rare.
Are the Goods in Question "War Materiel"?
The first administrative step in the control process occurs within the OCCL, where
the description in the application of the goods to be shipped is compared with the lists of
war materiel published in the Moniteur beige. As discussed above, if the goods do not
requirements. license, but they
not correspond to any with 'standard obtain
must be exported in accordance Certain informal policies concerning this comparison have developed and, although
the at
unpublished, appear to be applied along predictable lines. For example, certain goods
are capable of both a military and a civilian use, so-called dual-use items, appear
lists of war materiel and require a license. If an item does not appear on the lists,
however, no license is required, despite any obvious military uses to which the item may
be applied. Another instance of the use of informal guidelines involves the export of a
license to manufacture war materiel outside Belgium, as opposed to the export of the
weapons themselves. In what represents a difference in policy from a number of other
arms-exporting states, such a transaction is considered to be an export of war matel iel
at least to the extent that an export license is required. A transaction of this type al
invokes an informal procedural requisite: OCCL must consult with the Ministry of Defense
before permitting the export of a license to produce "any products in the defense sector,"
apparently to allow an assessment of security considerations and the potential effects
... ... ........
upon the needs of the Belgian Armed Forces.
Other issues of interpretation and policy judgments may arise at this preliminary
step, however, that are less susceptible to even informal guidelines. For example, if the
items to be exported are parts, rather than finished goods, the inquiry is not a simple
matter of whether the parts in question are on the lists of war materiel, as is the case
with dual-use finished items. Rather, OCCL must make an ad hoc determination whether
a license is required, guided chiefly by the premise that, if any nonmilitary use for the
parts may be ascertained, they will not be considered war materiel. If necessary, in this
situation OCCL may seek the assistance of the technical experts of the Industry
Administration Office (also a part of the MEA), whose principal reponsibility is to assist in
the determination of whether a proposed export falls within the COCOM list of strategic
equipment and technology.
Should the Export of War Materiel be Permitted
to the Country in Question?
Should the determination be made that the goods in question are war materiel, the
decision whether to grant the license then hinges upon the country to which they are to
be exported. Although the OCCL technically retains responsibility for this second part of
the two-step process, in practical terms the Ministry of Foreign Affairs has assumed the
predominant role. As discussed above, the MFA devises the lists of countries to which
taswill k nethreviewed and, in some cases, e Royal Decree to the Ministries of not be allowed, Econom c Affa es and r
exports of
of this materiel
the assignment External Commerce.
According to representatives of the MFA, OCCL is aware of the contents of the
country lists and may approve outright any licenses for exports to certain countries (such
as NATO and other "Western-oriented" countries) or may deny them outright in cases
6
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
involving certain other countries (those to which an absolute embargo has been applied).
The OCCL, on the other hand, maintains that all requests for the export of war materiel
are referred to the MFA for review. Apparently, although it may dispose of certain
requests, the OCCL finds it procedurally, and perhaps politically, more expedient to defer
to the judgment of the MFA in all applications to export war materiel.
In any event, it is clear that most decisions ultimately rest upon the MFA's
evaluation of the potential political effects of permitting the export to the country in
question. As an informal guide, the MFA has established a number of categories of
countries, the details of which are secret and made known only to interested offices
within the government (such as OCCL). Countries essentially fall within one of three
basic categories, with further distinctions appearing among those listed in two of these
categories. Although the categories and subsets have been identified, and some
countries may be associated with a given category with relative certainty, the actual lists
remain secret and are not available.
NATO and Other Western Nations . The first category includes NATO and other
Western-oriented countries. Whether by the MFA or the OCCL, license requests for
countries on this list are approved as a matter of course, and no restrictions in principle
are placed upon the export of war materiel to them, although certain procedural requisites
may come into play. Although exports to countries in this category may be made to
private concerns (unlike the case in other categories, where sales are permitted, if at all,
to governments alone), the exporter must furnish documentary proof that the purchase is
being made on behalf of some governmental entity within the country of destination. A
purchase order, for example, will satisfy this requirement, and there is no specific
requirement for an end -use. certificate or other formal government assurance. By
contrast, for countries in all other categories, the MFA requires that the Belgian exporter
submit an end use certificate signed by appropriate government authorities of that
country. The certificate then is forwarded to the Belgian Embassy in the country involved
for confirmation of the signatures.
Embargoed Nations . The second category includes those countries on which an
embargo against all exports of war materiel has been placed. This category, in turn, is
divided into two lists of countries: the absolute embargo list and the temporary embargo
list.
The absolute embargo list has been described as containing "communist"
countries; it would appear, however, that the list more accurately would be described as
primarily the Warsaw Pact nations. Given current political circumstances within NATO and
the Belgian Government's longstanding predilection toward facilitating exports, it is
unlikely that this list would contain each of the Third World countries with "communist"
forms of government of one type or another.
Belgium also considers itself compelled to respect any United Nations resolution
that calls for an arms embargo against a particular country or the parties in a particular
conflict. The second criterion listed in the Law of 11 September 1962 expressly
authorizes such a practice. Presumably, any countries so identified would be placed upon
the absolute embargo list.
The countries comprising the temporary embargo list have not been identified, and
this list probably is subject to change far more frequently than the absolute embargo list.
Likely candidates for this list include those countries that the Belgian Government does
not recognize or those where an overthrow of the government is in progress or appears
7
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
imminent. Such countries probably would be placed upon the temporary embargo list
pending a decision of the Belgian Government to recognize any new regime, or a return
to normalcy. The question of the status of national liberation movements and other
nongovernmental entities would notarise, in view of the Belgian policy to permit exports
only to governments (except in the case of NATO and other Western-oriented countries).
The possibility of a temporary embargo also arises in such situations as border
conflicts between states or internal upheavals that do not result in a change of
government. In such situations, it is important to remember the underlying premise of
the Belgian system: discretion. By design, there are no rules or standards mandating a
cut off of war materiel conditioned upon the occurrence of defined events; for instance,
actual shooting is not required before an embargo may be imposed, nor does it dictate
that one must be. As a result, in deciding upon an embargo, the MFA is free to consider
virtually any factors, including domestic economic interests and public reaction, whether
or not they have any specific bearing upon foreign policy concerns.
Sensitive and Other Countries . The third category of countries may succinctly
be described as everyone else, or, all those countries that do not fall within the first two
categories. Of course, the political considerations differ among these many countries,
and certain of them are considered "sensitive" and are specifically listed as such.
Requests for exports to all countries in this third general category are reviewed, and
those relating to countries not considered to be sensitive would appear generally to be
approved.
Any application in this category must include an end use certificate before the
license will be approved. The need for a certificate occasionally may be waived for
shipments of one or two small weapons, such as samples. More importantly, however,
there are no formal means whereby the government can confirm that shipment in fact
has been completed to the country listed on the end use certificate. No bill of lading or
other documentation is used to help control the arrival of the goods.
For countries listed as sensitive, there again are no acknowledged criteria for
identifying either the countries themselves or the specific considerations taken into
account in determining whether to approve the request for a license. The ..000L has
advised, however, that the notion of "sensitivity" relates to the type and amount of
materiel to be shipped, as well as to the destination. In fact, if the country involved is
considered to be particularly unstable or unsavory, OCCL will consult with the MFA before
allowing the export of weapons not appearing on the war materiel list, even in small
quantities (for example, a proposed shipment of several target pistols to South Africa).
Situations that may be considered "sensitive" and prompt the denial of an export
license include those where foreign governments are engaged, or at least are widely
reported to be engaged, in human rights abuses in their own countries, as well as those
in which a government is attempting, whether through an infusion of arms or other
means, to destabilize the government of a neighboring country. These instances offer the
most direct application of the fourth criterion, the statutory authority to regulate exports
in order to "contribute to the observance of the general principles of law and of human
rights recognized by civilized nations."
An overview of the Belgian system of grouping countries into various lists reveals
that it is with respect to the countries under temporary embargo, sensitive countries, and
nonsensitive, non-Western countries that a political evaluation and decision on the part of
the MFA is required. Despite the intent to provide the system with more flexibility, the
8
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
MFA has evolved certain broad policy considerations that it applies to export license
decisions. Certain of these already have been discussed, such as the policy not to permit
exports to nonrecognized governments, and that of restricting exports to governments
outside of NATO and similar countries, even where otherwise permitted. For exports
within NATO and to other Western countries, the waiver of formal end use certification
represents a similar policy decision. Still another consideration has been described as
one of the "main points of policy" within the MFA: consultation with Belgium's partners
within the European Community (EC). Specifically, the MFA acts to ensure that, if at all
feasible, a decision to permit the export of war materiel to a particular country is
consistent with the policies of other EC members. Their interest is not limited to a desire
to abide by any embargoes imposed by other EC members. The MFA is as much
concerned lest Belgium impose an embargo only to discover subsequently that one or
more of its EC partners is selling arms to the country in question.
Special Procedural Considerations
Although the MFA retains the responsibility for classifying countries, it does not
act alone in cases involving these three categories. An Intercabinet Committee routinely
meets every two weeks to advise the MFA on sensitive countries and non-Western
countries, and occasionally with regard to countries temporarily embargoed. This
committee consists of representatives of the Ministries of Foreign Affairs, Economic
Affairs, Defense, Interior, and External Commerce. There are other policy considerations
that doubtless weigh in the balance, and this committee provides a forum in which they
may be considered. These considerations include pressures, either actual or anticipated,
from allies; anticipated public reaction at home and abroad; and the economic effect of
denying an export license upon the exporting company, foreign exchange, unemployment,
or other domestic. economic factors.
Should a license application discussed in an Intercabinet Committee session raise
issues so sensitive or controversial that they cannot be resolved at that level, the
application is then referred to the Committee of Cabinet Ministers. This is in essence an
"inner council" of the cabinet itself. The same five ministries as those on the Intercabinet
Committee are represented, but at the highest levels; the ministers themselves convene
to debate the matter. It is not known precisely how often there is a need to resort to
this extraordinary procedure, but it is believed to be a relatively rare occurrence.
Appeals of License Denials
Belgian export laws provide no specific process for appeal of denial of export
licenses. The general laws of Belgium, however, provide that particular administrative
acts of the Government are subject to judicial review. This review is limited to a
determination of whether the administrative action in question complies with the pertinent
law. Acts of Parliament themselves are not subject to judicial review. The decisions of
the courts may be appealed to the Council of State, whose judgment is final.
An exporter thus theoretically could file suit in the civil courts alleging that an
OCCL decision to deny a license was arbitrary and an abuse of administrative power. It
must be noted, however, that the likelihood of this occurring is slight; there are no known
instances in which such a formal protest has been lodged against a decision of the OCCL.
Transshipment of Goods
This report has focused on the export from Belgium of war materiel that has been
manufactured there. Belgium is, however, a major trading hub of Europe, indeed of the
world. Much of its trading activity involves the transshipment of goods produced
9
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
elsewhere, particularly through the port of Antwerp. In certain well-defined
circumstances, war materiel being shipped through Belgium would become subject to the
export-control system described above.
Specifically, if goods actually are unloaded from a ship or other carrier in Belgium,
they are considered to have been imported, and any subsequent reexport is subject to
Belgian law, unless they are unloaded in the free-port area of Antwerp. In this latter
circumstance, the importer has 45 days within which to decide whether the goods will be
imported into Belgium. Should they be reexported before such a determination and within
the 45 days, export-control and customs laws would not apply. After this period has
elapsed (or if the goods leave the free-port area beforehand), the reexport of any war
materiel would require the normal export license.
I
Belgium maintains a flexible system of control over the export of war materiel by
its active armaments industry by requiring that an export license and, in certain
circumstances, an end use certificate be obtained. This license system is based upon the
statutory authority to regulate exports. Licenses theoretically may be granted or denied
under several broad criteria; the actual result depends primarily upon the political
circumstances and character of the government in the intended country of destination.
For shipments of war materiel to Belgium's NATO allies and other Western nations,
licenses are granted as a matter of course, and exports also are permitted to private
concerns in these countries (provided the purchase is. on behalf of a governmental entity).
Conversely, licenses routinely will be denied for exports of war materiel to Warsaw Pact
nations; to those with governments not recognized by Belgium; and to organizations,
other than governments, anywhere outside the sphere of NATO and similar countries.
With respect to the remainder of the globe, the Belgian Government is virtually unfettered
by the pertinent law in its power to determine whether to issue a license or to require an
end use certificate. In making these decisions, it uses such criteria as the nature and
stability of the government in the country of destination; whether the country is involved
in an armed conflict and, if so, under what circumstances; the anticipated official and
public reaction, at home and abroad; domestic economic consequences; and the effect of
permitting the export upon human rights and other values. Finally, an additional factor
that is of distinct, and perhaps predominant, importance is the desire of the Belgian
Government to restrict exports only to the extent necessary to remain in consonance with
its partners in the European Community.
10
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
CONFIDENTIAL
BOX 1
The Co-ordinating Committee on Export Controls (COCOM)
In the years immediately following World War II, the heightening of tensions
between the Western allies and the Soviet bloc, coupled with the burgeoning of new
fields of advanced technology, prompted the United States assertively to advocate among
its allies some form of multilateral export controls. As a result, in 1950, the Consultative
Group was formed, together with its permanent working committee, the Co-ordinating
Committee on Export Controls (COCOM). The membership today consists of the full
NATO members (except Iceland) and Japan. There is no treaty and no formal structure;
the system functions as a deliberative forum, headquartered in Paris, in which strategic
trade matters are debated, and specific measures are recommended to control the export
to Communist-bloc nations of equipment or technology, or both, that could contribute to
the military capabilities of those nations. Unanimity is required for all decisions, but there
are no effective means of enforcement.
The COCOM system is based upon three control lists of strategic items:
Industrial-Commercial, Atomic Energy, and Munitions. These lists, which periodically are
reviewed and updated, represent a consensus among COCOM members of the items that
should be subjected to at least a minimum level of control. Each member publishes its
own theoretically more extensive lists of strategic items and is responsible for devising
its own system of controlling exports in accordance with its lists.
. Belgium maintains a lengthy list of strategic goods and technology, the most
recent of which was published in the Moniteur beige of December 3, 1982 (a new list is.
currently in preparation). Included in the Belgian list is an extensive list of war materiel
("materiel de guerre"). As discussed in the text of this report, the COCOM list performs a
dual role. First, it-lists the war materiel that may not be exported to Communist-bloc
countries pursuant to Belgium's obligations under the COCOM system. It also serves,
however, to indicate war materiel for which a license must be obtained before export to
other parts of the world. For this purpose, the list is supplemented by a list of hunting
and other small weapons, the most recent of which was published in December of 1985.
A copy of the COCOM weapons list. is. included at Appendix D.
The same licensing system used for all exports, that established under the Law of
11 September 1962 and its implementing decree, is used to determine exports of strategic
materials that will not be permitted to Communist-bloc nations. There are, of course,
differences between regular export-control procedures and those relating to COCOM. For
example, even if an item does appear on the COCOM list, the Belgian Government (the
OCCL), on its own initiative may grant an "administrative exception" and permit the export.
Should it prefer to do so, however, the OCCL may request that the MFA seek a "general
exception" from COCOM itself through the Belgian liaison in Paris. If one or more
members of COCOM objects to the export, negotiations are undertaken between Belgium
and the objecting party or parties in an attempt to reconcile their differences. In the
event that these negotiations prove unsuccessful, OCCL then may refuse the license, or it
still may grant an administrative exception and issue the license. Although the same
authorities are responsible for the regular export-control procedures and those relating to
COCOM, each system reflects and implements different policies.
11
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
25X1
12
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
I
Appendix A
I
Law on The Manufacture, Trade, and Carrying of Weapons
I
3 January 1933
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
The focus of the Law of 3 January 1933 is upon the
manufacture, possession, and movement of armaments within
Belgium. It authorizes limited means of control, principally the
registration of manufacturers of weapons (Articles 1 and 2) and
limitations upon to whom weapons may be sold within Belgium
(Articles 4, 5, and 8). As such, this early legislation has no
direct bearing upon exports of war materiel, which in fact are
excepted (Article 8) from the limitations otherwise placed upon
the sale of "war firearms." It should be noted, however, that
foreign purchasers of war materiel from Belgium who do so through
the establishment of a subsidiary or a similar arrangement in
Belgium must comply with the registration requirements.
The law establishes four categories of weapons--prohibited,
defensive, war, and hunting and sports--and places limitations
upon the possession and trade of each. An implementing royal
decree specifies particulars of these limitations and the
registration requirements (including sample forms), and sets
sanctions. Numerous royal decrees over the years have classified
individual weapons within the four categories. All of those
classified as war weapons are small arms, and the law clearly
never contemplated armour, artillery, or other large-scale
weapons. Neither the implementing decree nor the numerous
decrees classifying weapons have been reproduced here. A new law
on this subject is currently under consideration by the
Parliament.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
Law on the Manufacture, Trade and Carrying of Weapons
and on the Trade of Ammunition (of 3 January 1933)
Albert, King of the Belgians,
To All Present and Future, Greetings.
The Houses have adopted and We approve the following:
Chapter I. General Provisions
Article 1. Are only authorized to manufacture or repair any type
of firearms, or parts of such arms, to trade them, to manufacture
ammunition or trade it, those persons who in accordance with the
next article are registered as being a manufacturer, a dealer of
weapons and ammunitions, or a gunsmith craftsman.
Article 2. The person concerned must register with the local
authority of the district where his factory, shop, or workshop is
located.
The authorities must enter the information on a special register
and issue a certificate to the applicant.
Chapter II. Weapons
Section 1. Classification of Weapons
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
Article 3. Are considered as prohibited weapons: daggers,
knives in the shape of a dagger with the exception of hunting
knives, sword-sticks and gun-sticks, loaded sticks, folding guns
of more than 20 mm caliber, rifles with barrels and butts that
can be taken to pieces and concealed, or hidden offensive weapons
that do not fall under the category of defensive or war
weapons.
Are considered as defensive weapons: pistols, revolvers, and
automatic pistols.
Are considered as war weapons, with the exception of pistols and
revolvers, all rifled firearms or cold steel likely to be used as
a soldier's equipment.
Are considered as hunting or sports weapons, those that do not
fall under any of the above categories.
A royal decree will classify under one of the above categories
any weapon of a type that cannot be clearly determined.
Section 2. Prohibited Weapons
Article 4. No person is allowed to manufacture, repair, offer
for sale, sell, distribute, import, or transport prohibited
A3
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
r
t
1
1
1
1
11
t
1
I
t
weapons, nor may such weapons be warehoused or carried by
anybody.
In any of the cases listed above, such weapons will be seized,
confiscated, and destroyed.
Under conditions to be specified by the government, that ban does
not apply to folding rifles manufactured for export or to other
prohibited weapons allowed to be manufactured for export purposes
by royal decree.
Section 3. Defensive Weapons
Article 5. Except in the case of direct exports by the seller or
by the person who transfers ownership, defensive firearms may
only be sold or transferred to arms manufacturers or arms
dealers, to gunsmiths, or to holders of an acquisition permit.
That permit is issued by the chief of police or, when there is no
chief of police, by the commander of the gendarmerie post of the
area where the buyer has his domicile, and when the buyer does
not reside in Belgium, by the chief of police or the commander of
the gendarmerie post of the area where the seller or the person
who transfers the ownership has his domicile.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 CIA-RDP90TO0114R000500660001-1
l
1
1
1
t
1
f
1
1
t
1
If the authorization is denied, the petitioner may appeal to the
Crown Attorney, who will have the power to grant the permit.
The sale or transfer of ownership of defensive weapons to persons
under the age of 18 is prohibited.
Article 6. Persons who are not registered as being arms
manufacturers, dealers, or gunsmiths may only import defensive
firearms if they hold a permit of acquisition obtained as
specified in Article 5 or if they hold an import permit.
Article 7. An individual may only carry a defensive weapon if he
has a legitimate reason to do so and has obtained a permit that
is issued by the Crown Attorney of the district where he has his
domicile or by the Minister of Justice when the person does not
reside in Belgium.
That permit, which may be revoked at any time, will specify the
conditions under which the weapons may be carried.
The permit must be carried together with the weapon.
Section 4. War Weapons
Article 8. Except in the case of direct exports by the seller or
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
1
by the person who transfers ownership, war firearms may only be
sold or transferred to arms manufacturers or arms dealers, to
gunsmiths, and to holders of the permit mentioned in Articles 11
and 12.
r
1
r
I
Article 9. The only persons who are allowed to import war
firearms are arms manufacturers or arms dealers, gunsmiths, and
holders of the permit to carry an imported weapon mentioned in
Article 11.
Article 10. Carrying a war weapon without legitimate reason is
prohibited.
Article 11. It is prohibited for private individuals to have war
firearms unless they are authorized to do so by the provincial
governor.
Article 12. All collective training exercises intended to teach
private individuals how to handle war firearms are prohibited.
t
t
f
However, the provincial governor may authorize the holding of
such exercises on certain days and at appointed locations, and he
will decide where the weapons and ammunitions must be kept when
not in use.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
I
Section 5. Hunting or Sports Weapons
Article 13. The carrying of a hunting or sports weapon is
permitted only by those who have a legitimate reason for doing
so.
I
t
Section 6. General Provision Applicable to Certain Weapons
Article 14. Anybody who is in possession or has acquired a
defensive or war firearm without complying with the conditions
stated in Article 5 must register that firearm in the manner and
within a time limit that will be set by a royal decree.
That person will receive a certificate stating that he has
complied with the required formalities. That certificate must be
shown upon request.
r
Chapter III. Ammunitions
t
1
y
Article 15. The sale or transfer to a private individual of
ammunitions for defensive or war weapons is prohibited except in
the case of a weapon covered by the authorization mentioned in
Articles 5 or 11, or a weapons registered as stated in Article
14, and providing that the certificate of registration is shown.
Chapter IV. Storing of Weapons and Ammunitions
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
t
11
t
1
I
Article 16. Except in the cases covered by Article 12, it is
prohibited for someone who is neither an arms manufacturer nor an
arms dealer to store defensive or war weapons without an
authorization from the Crown Attorney who has the power to cancel
it at any time.
This requirement also applies to the storing of ammunitions for
the above-mentioned weapons.
1
1
E
r
1
1
1
Chapter V. Sanctions
Article 17. Violators of the provisions contained in the present
law or in decrees enacted tor its implementation will be liable
to prison terms varying from 1 month to 1 year and to fines of
between 100 to 500 francs, or just of one of these penalties.
The same penalties apply to those who, in the registration
required under Article 2, make false claims of being a
manufacturer, dealer, or gunsmith.
Article 42 of the Penal Code notwithstanding, a confiscation
order may be issued even when the weapon does not belong to the
guilty party.
Article 18. The provisions of Articles 198, 199, and 202 of the
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
Penal Code regarding the carrying of weapons are applicable to
the authorizations required under the terms of the present law.
Article 19. Manufacturers and dealers of weapons and ammunitions
as well as gunsmiths who are repeat offenders over a period of 2
years may be sentenced to have their factory, workshop, or shop
closed on a temporary or permanent basis.
Article 20. All the provisions of Book 1 of the Penal Code that
are not in conflict with the present law are applicable in the
case of the violations stipulated under this law or under the
regulations adopted for its implementation.
Article 21. The penalties provided under the General Law of 26
August 1822 and under the Law of 6 April 1843 to combat customs
fraud are applicable to arms imports that violate the provisions
of the present law or the regulations adopted for its
implementation.
Chapter VI. Exceptions
Article 22. The prohibitions established under Articles 4, 8,
and 11 of the present law do not apply to ornamental display
weapons or collector weapons.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
The provisions of the present law do not apply to orders of
weapons and ammunitions placed by the state or by government
agencies.
Nor do they apply to official agents or members of the police
forces who carry regulation weapons while on duty or have in
their possession a weapon entrusted to them by their department.
Chapter VII. Miscellaneous Provision
Article 23. In the event of riots, suspicious gatherings, or
breaches of the peace, the burgomaster or the governor may issue
and ammunitions and to transfer the weapons and ammunitions to a
location selected by them. The state will compenstate the owners
of the weapons and ammunitions taken away when they cannot be
returned or when they are damaged.
Article 24. In addition to the other officers of the Criminal
Investigation Department, the director and agents of the Testing
Center and the inspectors of explosives, who are empowered to act
as criminal investigation officers, may investigate and detect
violations of the present law and of the regulations issued for
its implementation.
Article 25. A royal decree will stipulate the formalities
A10
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
11
I
t
r
r
r
required to ensure that records are kept for the sale or transfer
of firearms or ammunitions from manufacturers, dealers, or
gunsmiths to private individuals or among themselves.
Article 26. The government may broaden the scope of the
provisions of Articles 1, 5, 6, 8, 9, 11, 14, 25 to cover, in
full or in part, weapons other than firearms.
Article 27. A royal decree will lay down the measures of
implementation for the present law, in particular:
1) The period of time allowed those concerned to comply with
the registrations required under Article 2;
2) The format of the register and the contents of the
registration and certificte required under Article 2;
3) The format of the documents required under Articles 14,
15, and 16.
Article 28. Article 316 and 318 of the Penal Code, the
Declaration of the King of 23 March 1728, the Decree of 2 Nivose
(fourth month of the French Republican Calendar) Year XIV, and
the Law of 6 May 1876 are abrogated.
We issue the present law and order it to be stamped with the
state seal and published in the MONITEUR.
I
1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
I,
I Issued in Brussels, on 3 January 1933.
Albert
On
Behalf of the King:
The Minister of Justice, P.-E. Janson
Stamped with the seal of the State, the Minister of Justice, P.-
E. Janson.
A12
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
W Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
Law of 11 September 1962 on the Import, Export,
and Transit of Goods
Law of 19 July 1968 Amending the Law of 11 September 1962
on the Import, Export, and Transit of Goods
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 1
1
I
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 CIA-RDP90T00114R000500660001-1
LAW OF 11 SEPTEMBER 1962
on the Import, Export, and Transit of Goods
BAUDOUIN, King of the Belgians,
To all, present and future, greetings.
The Houses of Parliament have adopted and we approve the
following:
Article 1. For the implementation of the present law, one must
define as:
a) goods: all items considered as such under the terms of
the customs legislation, with the exception of gold coins or
ingots; currencies, both coins and bills, that are legal tender
in Belgium or abroad; and also all types of securities, Belgian
or foreign, public or private, that are in the nature of bearer
bonds or bearer securities.
b) import, export, and transit: operations that are
considered to be such for the implementation of customs
legislation.
Article 2. By decree drafted in consultation with the Council of
Ministers, the King may regulate the import, export, and transit
of goods, in particular by means of a systems of licenses, by
charging special duties, and by requiring certain formalities
such as a certificate of origin. He may do so either:
to safeguard the vital interests of a specific economic
sector or those of the national economy as a whole; or
M Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
to safeguard the internal or external security of the
country; or
to ensure the implementation of treaties, conventions, or
agreements signed for an economic purpose or dealing with
security, and the implementation of decisions or recommendations
of international or supranational organizations.
Article 3. Within the scope of the powers granted to him by
virtue of Article 2, the King may authorize the ministers named
by him to impose a license requirement for the import, export,
and transit of goods.
Article 4. The King will decide the general conditions for the
granting and use of such licenses.
Article 5. The King can establish the payment of an official fee
for the making of an application or the issuance of the license
forms.
Article 6. Without prejudice to the general conditions set by
the King, the appropriate ministers, acting in cooperation and up
to the moment when the licenses are issued, may impose special
requirements for the delivery and use of such licenses, either by
means of regulations or through instructions issued to the
departments that issue these licenses. These special
requirements may include the obligation to use the license within
specific limits.
Article 7. When justified by special circumstances, the
appropriate ministers, acting together, may issue a reasoned
` Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
order revoking the validity or ordering the cancellation of
current licenses falling under specific categories. The decrees
enacted to implement the present article may include special
provisions, mainly in favor of goods that already are in transit.
Article 8. The King will name the goods for which the import or
export is subject to special duties.
He will determine the conditions under which such duties
will be collected and refunded.
He may ask the minister or ministers appointed by him to set
the amount of the duties or the method of calculating them and
the modes of application.
All decrees enacted in the course of one year to implement
the present article are to be submitted to the legislative houses
for approval during the following year, except for those issued
to implement provisions enacted by international or supranational
bodies.
Article 9. The Royal decrees adopted in accordance with Articles
3, 4, 5, and 8 will be discussed in the Council of Ministers.
Article 10. Violations of or attempts to violate the provisions
adopted in accordance with the present law will be punished as
provided for in (Articles 231, 249-253, and 263-284 of the
General Law on Customs and Excise; as amended by the Law of
6 July 1978).
Any shipment, transportation, or possession of goods
obviously intended to result in an import, export, or transit
i a3
~ Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
under conditions violating the provisions adopted on the basis of
the present law will be considered as attempts to violate as
mentioned in the first paragraph.
Without prejudice to the powers of the officers of the
Criminal Investigation Department and of the agents of the
Customs and Excise Service, agents specially assigned to that
task by the appropriate minister have the authority to
investigate and ascertain even on their own violations of the
provisions adopted on the basis of the present law.
Article 11. The Law of 30 June 1931 relating to the import,
export, and transit of goods, amended by the Law of 30 July 1934,
is repealed.
We promulgate the present law, and order it stamped with the
state seal and published in the Moniteur beige.
Issued in Zarauz (Spain), on 11 September 1962.
BAUDOUIN
On behalf of the King:
The Minister of External Commerce and Energy, absent,
The Assistant Minister of Finance, F. TIELEMANS
Witnessed and stamped with the seal of the State,
The Minister of Justice, P. VERMEYLEN
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
I
LAW OF 19 JULY 1986
Amending the Law of 11 September 1962 on the
Import, Export, and Transit of Goods
BAUDOUIN, King of the Belgians,
To all, present and future, greetings.
The Houses of Parliament have adopted and we approve the
following:
Article 1. Article 2 of the Law of 11 September 1962 on the
import, export, and transit of goods is completed by the
following passage: "or to contribute to the observance of the
general principles of law and of humanity recognized by civilized
nations."
Article 2. Article 7 of the Law of 11 September 1962 may be
applied to licenses granted before the present law went into
effect in order to contribute to the observance of the general
principles of law and of humanity recognized by civilized
nations.
Article 3. The present law goes into effect on the day of its
publication in the Moniteur beige.
Issues in Bormes (France), on 19 July 1968.
M Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
On behalf of the King:
The Vice Minister and Minister of Economic Affairs, J. MERLOT
The Minister of Foreign Affairs, P. HAEMEL
Witnessed and stamped with the seal of the State: the Minister
of Justice, A. VRANCKX
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
` Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
1
r
I
Appendix C
Royal Decree of 24 October 1962
1 ,
1 Regulating the Import, Export, and Transit of Goods
r
I
r
I
I
I
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 CIA-RDP90T00114R000500660001-1
1
1
Royal Decree of 24 October 1962
Regulating the Import, Export, and Transit of Goods
Baudoiun, King of the Belgians,
To all, present and future, greetings.
Considering the Law of 11 September 1962 on the import, export,
and transit of goods;
Considering the Convention of 23 May 1935 instituting between
Belium and the Grand Duchy of Luxembourg a common regime in
matters regulating to imports, exports, and transit, approved by
the Law of 26 July 1935;
Considering the Royal Decree of 27 January 1938 creating a
Central Office of Quotas and Licenses;
Considering the advice of the Belgian-Luxembourge Mixed
Administrative Commission;
Considering the advice of the Council of State;
At the proposal of our Minister of Finance, our Minister of
Agriculture, our Minister of Economic Affairs and Energy, and our
Minister of External Commerce and Technical Assistance, and the
advice of our Ministers who have deliberated in Council,
= Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
We have decided and we decree:
Article 1.
Para. (1) After obtaining the approval of the Interministerial
Economic Commission, or as an act of implementation of a decision
adopted by the Ministerial Committee for Economic and Social
Cooperation, the ministers responsible for economic affairs and
external commerce, and the minister of agriculture if the matter
involves products falling within his area of responsibility, may
decide jointly to require licenses for the import and export of
certain goods.
They may apply license system to goods originating in,
coming from, or going to whichever countries they decide and to
goods imported or exported by persons who are not established in
Belgium or in the Grand Duchy of Luxembourg.
Para. (2) After obtaining the approval of the Interministerial
Commision or as an act of implementation of a decision adopted by
the Ministerial Committee for Economic and Social Cooperation.,
the minister of economic affairs may decide to require a license
for the transit of certain goods. He may apply that license
system to goods coming from or going to whichever countries he
decides.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
Article 2. A license request should be made to the Central
Office of Licenses and Quotas using application forms issued by
that office.
It must mention all the facts concerning the intended
transaction and must be signed by a qualified person who vouches
for the accuracy of all the information supplied in the request
and of all the attached documents.
Article 3. The licenses must indicate the name of the
individuals or corporations to whom they are issued. It is
prohibited to transfer them to someone else or to accept one
issued to someone else.
However, the person named in the license may authorize the
buyer or seller of the commodity for which the license has been
issued to use it at the customs. The license holder must mention
that fact in the license. That authorization does not imply
transfer of the license.
Article 4. Without prejudice to the provisions of Article 7 of
the Law of 11 September 1962, the licenses are only valid for the
transaction for which they were issued and for the specified
period of time.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
I
They can only be used under the general conditions stated in
the present decree and the special conditions set in accordance
with the provisions of Article 6 of the Law of 11 September 1962.
Article 5.
Para. (1) Without prejudice to the provisions of Article 1 of
the Law of 20 December 1897 on curbing fraudulent actions on the
import, export, and transit of prohibited goods, which was
amended by the Law of 30 June 1951, the following are void:
1) Licenses obtained as a result of inaccurate or willfully
incomplete statements;
2) Licenses used to cover transactions other than the ones
for which they were issued;
3) Licenses where the conditions established when they were
issued are not observed by the license holder.
Para. (2) As soon as he receives the first notification from
the Central Office of Quotas and Licenses, the holder of a void
license must send it to that office.
The agents appointed in accordance with Article 10 of the
Law of 11 September 1962 and agents of the Customs and Excise
Service are authorized to collect and withhold void licenses.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
Article 6. As soon as the period of validity of a license
expires, the license holder must send back to the Central Office
of Quotas and Licenses any license which he might still have in
his possession.
Article 7. The Customs and Excise Service will keep licenses
which have been checked or are out of date and will send them
back to the Central Office of Quotas and Licenses.
Article 8. Licenses issued under the joint Belgian-Luxembourg
system established by the Convention of 23 May 1935 wil be
marked, at the request of the applicant, with a license stamp
issued by the Joint Belgian-Luxembourg Administrative Commission
according to rates of charges set by royal decree.
Article 9. Violations and attempts to violate the provisions of
the present decree and of decrees adopted as a result of this one
will be punished in accordance with the provisions of Article 10
of the Law of 11 September 1962 on the import, export, and
transit of goods.
Article 10. The Royal Decree of 17 January 1955 relating to the
import, export, and transit of goods is repealed.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
1
Article 11. The present decree will enter into force on the day
in which the Law of 11 September 1962 on the import, export, and
transit of goods enters into force.
Article 12. Our Minister of Finance, our Minister of
Agriculture, our Minister of Economic Affairs and Energy, and our
Minister of External Commerce and Technical Assistance are
instructed to implement, in the own area of competence, the
present decree.
Issued in Brussels, on 24 October 1962.
Baudouin
On behalf of the King:
The Minister of Finance, A. Dequae
The Minister of Agriculture, Ch. Heger
The Minister of Economic Affairs and Energy, A. Spinoy
The Minister of External Commerce and Technical Assistance,
M. Brasseur
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
` Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
Lists Of War Materiel
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 CIA-RDP90TO0114R000500660001-1
1
1
1
1
Technology Support
1. Small firearms and automatic firearms, such as:
a) rifles, carbines, revolvers, pistols, submachine guns,
and machine guns, with the exception of antique small
firearms dating back to before 1890 and reproductions of
such firearms.
b) their special components and parts, such as barrels,
cylinders, and breeches.
2. Large-caliber arms and weapons; smoke, gas, and flame-
throwers, etc., such as:
a) cannons, howitzers, mortars, artillery pieces, anti-tank
guns, projectile and rocket launchers, flame-throwers,
recoilless cannons;
b) military equipment to launch smoke, gas, or military
pyrotechnic materials;
c) their special components and parts.
3. Ammunitions intended for the weapons listed in Articles 1 and
2 above, and their special parts.
M Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 1
1
1
1
1
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
4. Bombs, torpedoes, rockets, and guided or non-guided missiles,
a) bombs, torpedoes, grenades (smoke-grenade included),
smoke canisters, rockets, mines, guided or non-guided
missiles, depth charges, incendiary bombs and charges,
devices and equipment used for military demolition work,
signalling rockets for military use, pyrotechnic
cartridges and simulators; also, their special components
and parts.
b) instruments and devices specially designed to operate,
control, prime, launch, aim, drag, discharge, detonate,
or detect the items mentioned in paragraph a) above, as
well as their special parts and components;
c) jelling agents for military use, particularly compounds
(such as octal) or mixtures of these compounds (such as
napalm) specially devised to produce substances that,
when mixed with petroleum products, result in an
incendiary jelled fuel used for bombs, projectiles,
flame-throwers, or other war materiel.
5. Fire-control equipment and telemeters, such as:
I a) fire-control equipment, collimating sights, sighting
- Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
equipment for night fire, and missile-tracking and
guiding instruments;
b) telemeters, position indicators, altimeters, and
instruments for fire-adjustment specially designed for
military uses;
c) electronic, gyroscopic, acoustic, and optic fire-aiming
instruments specially designed for military use;
d) bombing sights, bombing calculators, sighting gear for
cannons, and periscopes specially designed for military
use;
e) television instruments for fire-adjustment specially
designed for military use;
f) components, parts, accessories, and auxiliary instruments
specially designed for the items mentioned in paragraphs
a), b), c), d), and e) above.
6. Tanks and vehicles specially designed for military use, such
a) tanks and motorized artillery pieces;
b) armed or armored military vehicles and vehicles equipped
with platforms for mounting weapons;
c) armored trains;
d) military half-track vehicles;
e) military recovery vehicles;
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
1
1
f) gun carriages and tractors specially designed to tow
artillery pieces.
g) trailer-trucks specially designed to transport
ammunitions;
h) amphibious vehicles and military vehicles capable of
fording deep waters;
i) mobile repair shops specially designed for the
maintenance of military equipment;
j) all other special military vehicles;
k) tires (except the types used for tractors and
agricultural equipment) that are bullet-proof and can
rotate when flat;
1) engines for the vehicles listed in paragraphs a) to j)
above and that are specially designed or essentially
modified for military use; also, their components;
m) their special parts and components, with the exception of
the engines.
7. Toxic agents and tear gases, such as:
a) biological, chemical, and radioactive substances adapted
to produce destructive effects on humans, animals, or
harvests in the event of war;
b) equipment specially designed for and intended to spread
the substances listed in paragaph a) above;
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
c) equipment specially designed for and intended to protect
against the substance listed under paragraph a) above, as
well as to detect and identify such substances;
d) components and parts specially designed for the items
mentioned in paragraphs b) and c) above;
8. Gunpowders, explosives, propellant agents, and fuels such as:
a) gunpowders and liquid or solid propellant agents intended
for the equipment listed under Articles 3, 4, and 7, and
also their stabilizers;
b) powerful military explosives and their stabilizers;
c) high-power and chemical-based solid or liquid fuels
including aviation fuels specially produced for military
uses.
9. Warships and special naval equipment, such as:
a) fighting ships or ships designed for attack or defense
purposes (surface or submarine vessels) whether or not
they have been modified for commercial use and regardless
of what their state of maintenance or service is; also
their hulls and hull parts;
b) the following engines:
1) diesel engines of 1,500 HP or more with a rotation
speed of 700 rpm or more that are specially designed
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
for submarines;
2) electric engines specially designed for submarines,
that is to say, engines of more than 1,000 HP with
fast reversal and with liquid and closed cooling
systems;
3) a-magnetic diesel engines of 50 HP or more specially
designed for military use.
an engine will be considered as having been specially
designed for military use if:
i) it contains a-magnetic parts other than the
crankcase, the engine block, the cylinder head,
the pistons, hoods, side plates, valve linings,
cylinder head gaskets, supply pipes for fuel and
lubricant and other supply pipes, or
ii) when more than 75 percent of its mass is a-
magnetic.
c) submerged detention instruments of the magnetic type and
operating by pressure or by acoustics that have been
specially designed for military purposes; their control
systems and their parts;
d) underwater nets;
e) compasses and their accessories, direction finders
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 CIA-RDP90TO0114R000500660001-1
1
1
1
specially designed for submarines;
f) components, parts, and accessories such as conning
towers, naval gun carriages, submarine batteries, and
catapults.
10. Airplanes and helicopters of the types that operate with or
without a pilot, engines for planes and helicopters, aeronautical
equipment, and related equipment and spare parts, specially
designed for military use, such as:
a) combat planes and helicopters and other planes and
helicopters specially designed for military use, in
particular those designed for reconnaissance, attack,
military training, and logistic support; also all planes
and helicopters with special construction features such
as multiple hatches, special doors, ramps, reinforced
floors, etc., that make them suitable to transport and
parachute troops, military equipment, and supplies; plane
and helicopter engines specially designed or modified for
such aircraft with the exception of engines for the
planes and helicopters subject to an exemption under the
terms of Article 1460-c, and their special parts;
b) airborne equipment, in particular aircraft refuelling
equipment specially designed for the planes and
helicopters and for the engines of the types of planes
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
and helicopters listed under paragraph a) above; also
their parts;
c) instruments to refuel planes and helicopters; devices and
instruments operating under pressure; devices specially
designed to operate in small confined areas and ground
equipment not listed elsewhere that is specially designed
for the planes and helicopters listed under paragraph a)
or for their engines;
d) air conditioning systems; partly pressurized flight
clothing; anti-gravity flying suits; military protective
helmets; parachutes used for combat troops, for drops of
equipment, and for aircraft deceleration; liquid oxygen
converters for planes, helicopters, and missiles;
cartridge-operated catapulting and ejection devices used
for emergency crew rescue.
11. Electronic equipment specially designed for military use;
their parts and components.
12. Photographic equipment, such as:
1) Aerial photography cameras and related items
designed and used for military purposes.
2) Equipment to develop and print film that has been
specially designed and used for military purposes.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
b) other photographic equipment and other equipment to
register on film that is specially designed and used for
military purposes; also, equipment specially designed to
use the registered data for military applications;
c) special components and parts.
13. Special armored equipment, such as:
a) armored plates;
b) military helmets;
Note: the above paragraph does not apply to the standard steel
helmet that is not fitted with additional devices not modified or
designed to be fitted with such devices.
c) bullet-proof clothing;
d) components and special parts for the material mentioned
in paragarph c) above.
14. Special equipment for military training such as:
a) special equipment for military training;
b) components, parts, and accessories, as well as any
auxiliary equipment specially designed for such
equipment.
15. Infrared equipment and image-enlarging equipment for
D9
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
military use and the special components of such equipment. (See
also Articles 1502, 1555, and 1556.)
16. Components and materials for war material, such as:
a) brass and bronze parts for detonator caps and pieces for
bullet receptacles (gilding metal), chain links,
receptacle for detonators, and shell bands;
b) copper bands for shells and copper-made elements of war
materials;
c) gilding metal;
d) unprocessed wrought steel pieces or castings made of
steel or other metal alloys intended for artillery
equipment or for weapons.
17. Other equipment or materials, such as:
a) The following self-contained equipment for underwater
diving and swimming:
1) close or semi-close circuit apparatus (with air
regeneration);
2) special components allowing the open circuit apparatus
to be put to military use;
3) parts exclusively designed for military use in self-
contained underwater diving and swimming apparatus;
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
b) bayonets;
c) silencers for firearms;
d) projectors with electric controls and their control units
designed for military purposes;
e) construction material made according to military
requirements and specially designed to be transported by
air.
18. Machinery, equipment, and tools specially designed for the
study, manufacture, testing, and control of weapons, ammunitions,
devices, and instruments contained in this list.
19. Pressure-chambers capable of reaching pressures of less than
10-4 tools and their special parts, components, and auxiliary
equipment.
20. Cryogenic equipment, such as:
a) equipment designed to keep the surrounding temperature
below -170 degrees C. (-274 degrees F.)
1) intended for maritime, air, or space use, or
2) reinforced for mobile use on the ground.
b) electric, magnetic, or electronic equipment or components
and electric conductors specially designed for constant
or intermittent operation at temperatures of less than
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
1
I
-170 degrees C (-274 degrees F), such as:
1) metals, alloys, compounds, heterogeneous elements, and
supraconductor interpolated materials, with the
exception of:
i) supraconductor wire with a filament cross-section
area of 4.42 x 10-3 square mms (or a diameter of
75 microns) or more;
ii) supraconducter wire of niobium-titan with a
filament cross-section area of 1.26 x 10-3 square
mms (or a diameter of 40 microns) or more in a
copper matrix.
2) the following components;
i) Josephson effect mechanisms
ii) Dayem mechanisms
iii) proximity effect bridges
iv) SNS (super-normal-super) proximity mechanisms
v) memory and logical mechanisms
vi) phase-sliding mechanisms
3) supraconductor electromagnets (containing
supraconductor solenoids) designed to produce a peak
magnetic flux of 3 Telsa (30 kilogauss) or more with
global current densities of 10,000 amperes per cm2 or
more and their special components, with the exception
of those specially designed:
i) to be totally charged-uncharged in less than one
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
minute, or
ii) to be suitable for use in gyrotons, with the
exception of those specially designed to be
charged-uncharged in less than one minute and
presenting the following characteristics:
a) coiled with wires, cables, or bands made of
niobium-titan supraconductor filaments in a
copper matrix;
b) an inside diameter of less than 6 cms.;
c) maximum energy released by impulsion divided by
the duration of the impulsion not surpassing
500 kilojoules per minute.
Note: "the global current density" is defined as the total
number of ampere-turns in the coil (that is to say, the number of
turns multiplied by the maximum current carried by each turn)
divided by the total transversal section of the coil (consisting
of the supraconductor filament, the metal matric enclosing the
supraconductor filament, the encasing material, the cooling
system, etc.).
4) supraconductor electric equipment (rotating machines
and transformers) and their special components, with
the exception of:
i) supraconductor electric equipment intended for
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 .. Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
I
civilian transmission and distribution of electric
power;
ii) hybridized homopolar generators of continuous
current fitted with an ordinary metal casing with
a single pole operating at normal temperature and
rotating in a magnetic field produced by
supraconductor coils when those coils are the only
supraconductoe element of the generator.
c) Accessories, sub-units, parts, and components specially
designed for the equipment listed in paragraphs a) and b)
above.
22. Electrically triggered shutters (obturators) of the carbon-
injection type or photochrome function type, with a shutter speed
of less than 100 microseconds, with the exception of shutters
that are standard part of fast-speed photo cameras.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
Goods Subject to Export License
Inventory
Number
Entrance Fee
Tarrif No.
93.02
A
9302102
I
9302109
B
II
0302902
I
9302909
II
Designation
of Goods
Revolvers and pistols:
calibre of 9mm or less:
automatic
others
others:
automatic
not designated
93.03 War Weapons (other than
those listed under
93.01):
9303002 A rifles and carbines
9303004 B small-calibre automatic
weapons
ex-9303009 ex-C other small arms
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 CIA-RDP90T00114R000500660001-1
9304410
9304490
9304500
9304600
ex-9306100 ex-93.06A
Rifles and carbines for
hunting & target
shooting:
front loaders;
others;
with one barrel:
with smooth barrel
with rifled barrel
with finger firing
others;
with two smooth barrels
not designated
Detached parts and
pieces for war weapons
listed under No. 93.02
Other detached parts and
pieces for weapons
listed under No. 93.02
Other parts and pieces,
not designated, for
small arms:
barrels, including
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90T00114R000500660001-1
 I
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
their skeletons
ex-9306450 2 butts
ex-9306490 3 others
93.07 Projectiles and
ammunitions, mines
included; detached parts
and pieces, including
buckshot, leadshot, and
wadding for cartridges:
9307100 A for revolvers and
pistols listed under
No 9 3.0 2 and for
submachine guns for
.No. 93.03;
B others:
I for war weapons:
cartridges for hunting
and target shooting:
with central firing
percussion:
as for weapons with rifled
barrel
bb for weapons with smooth
barrel
- Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
2
9307470
as
9307490
bb
9307510
b
1
9307520
2
9307530
3
with finger firing:
for weapons with rifled
barrel
for weapons with smooth
barrel
others:
bullets, buckshot, and
leadshot for hunting or
target shooting
cartridges
cartridge cases for
hunting or target
shooting
projectiles for rifles,
carbines, and pistols
operated by spring,
compressed air, or gas
action
9307550 4 propellent charges
(cartridges) for
riveting gun of No. 8204
and slaughtering pistols
9307990 5 others.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90TO0114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
1
r
I
Reviewed to be attached as an annex to the Ministerial Order of
24 September 1985:
The Minister of Economic Affairs, M. Eyskens
The Secretary of State for Foreign Trade, A. Kempinaire
The Secretary of State for European Affairs and Agriculture
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21: CIA-RDP90T00114R000500660001-1
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1
Confidential
Confidential
Declassified in Part - Sanitized Copy Approved for Release 2012/02/21 : CIA-RDP90TO0114R000500660001-1