MILITARY EQUIPMENT (EXPORT CONTROL) [ S.L.365.13 1
SUBSIDIARY LEGISLATION 365.13
MILITARY EQUIPMENT (EXPORT CONTROL) 
REGULATIONS
1st January, 2002
LEGAL NOTICE 269 of 2001, as amended by Legal Notice 376 of 2003.
Citation.
(Export Control) Regulations.
Interpretation.
Amended by:
L.N. 376 of 2003.
Cap. 365.
2. (1) In these regulations, unless the context otherwise
requires:
"Act" means the National Interest (Enabling Powers) Act;
''broker'' means any natural or legal person engaged in brokering
activities;
''brokering activities'' means activities of persons and entities -
( a ) negotiating or arranging transactions that may involve
the transfer of items listed in the Manual from any
country, including Malta, to any other country; or
( b ) who buy, sell or arrange the transfer of such items that
are in their ownership from any country, including
Malta, to any other country;
"country" includes territory;
"Director" means the Director responsible for trade and includes
any officer designated or authorised by the Director to act for a
purpose or class of purposes of these regulations:
Cap. 37.
Provided that for the purposes of article 30(3) of the
Customs Ordinance, the Minister or the Director shall act in
consultation with the Minister responsible for Customs, or such
other authority, head of department or person appointed for the
purpose by such Minister;
"export", unless the context otherwise requires, means export
from Malta, and includes the transmission of software or
technology by fax, telephone or other electronic media (except that
oral transmission of technology by telephone is included only
where the technology is contained in a document the relevant part
of which is read out over the telephone, or is described over the
telephone in such a way as to achieve substantially the same result
as if it had been so read);
"export declaration" means the act whereby a person indicates in
the prescribed form and manner the wish to place military
equipment under an export procedure;
"exporter" means any natural or legal person on whose behalf an
export declaration is made, that is to say the person who, at the time
when the declaration is accepted, holds the contract with the
consignee in the third country and has the power for determining
the sending of the item out of the customs territory of Malta. If no
2 [ S.L.365.13 MILITARY EQUIPMENT (EXPORT CONTROL)
export contract has been concluded or if the holder of the contract
does not act on its own behalf, the power for determining the
sending of the item out of the customs territory of Malta shall be
decisive;
"import" and "export" in relation to a vessel, submersible vehicle
or aircraft includes the taking into or out of Malta of the vessel,
submersible vehicle or aircraft notwithstanding that the vessel,
submersible vehicle or aircraft is conveying goods or passengers,
and whether or not it is moving under its own power; and cognate
expressions shall be construed accordingly;
"items in transit" means items which only pass through the þ
territory of Malta, that is those which are not assigned a customs-
approved treatment or use other than the external transit procedure
or which are merely placed in a free zone or a free warehouse and
where no record of them has to be kept in an approved stock record;
"the Manual" means the manual entitled "List of Military
Equipment" which is published in the Gazette and which may be
subsequently amended as necessary from time to time by the
Director by notice in the Gazette;
"military equipment" means any used or unused items, including
software and technology, which are listed in the Manual;
"Minister" means the Minister responsible for trade;
"normal commercial journey" means a journey providing
transport services in the ordinary course of business;
"person" means any natural or legal person;
"scheduled journey" means one of a series of journeys which are
undertaken between the same two places and which together
amount to a systematic service operated in such manner that its
benefits are available to members of the public from time to time
seeking to take advantage of it;
"surface effect vehicle" means any air cushion vehicle (whether
side wall or skirted) and any vehicle using the wing-in-ground
effect for positive lift;
"vessel" includes any ship, surface effect vehicle, vessel of small
waterplane area or hydrofoil, and the hull or part of the hull of a
vessel.
(2) Any reference in these regulations to time after an event is
a reference to a period of that length of time beginning on the day
after that event.
(3) In these regulations, except where the context otherwise
requires, any reference to -
( a ) a numbered regulation is a reference to the regulation
in these regulations which is so numbered;
( b ) a numbered subregulation is a reference to the
subregulation which is so numbered in the regulation
where the reference occurs.
MILITARY EQUIPMENT (EXPORT CONTROL) [ S.L.365.13 3
Granting and 
revocation etc., of 
authorizations.
3. (1) An authorization by the Director shall be required for
the export of the items listed in the Manual.
(2) Any authorization so granted by the Director in pursuance
of these regulations may be:
( a ) limited so as to expire on a specified date unless
renewed;
( b ) subject to or without conditions, and any such
condition may require or prohibit any act before or
after the export of items under that authorization;
( c ) annulled, suspended, modified or revoked by the
Director.
(3) When applying for an export authorization, exporters shall
supply the Director with all the relevant information required for
their applications. Applications shall be submitted on a form as set
out in the Schedule.
Exports of military 
equipment.
4. (1) Subject to the provisions of these regulations no person
shall make any export of items specified in the Manual, to any
destination except under and in accordance with an authorization as
specified in regulation 3.
(2) These regulations apply also to items in transit.
Brokering 
activities.
Added by:
L.N. 376 of 2003.
4A. (1) Prior to engaging in any brokering activities relating to
the transfer of any item listed in the Manual, brokers must submit a
written application to the Director for the issue of a licence to act
as a broker, therein providing all the relevant information requested
by the Director.
(2) No person shall engage himself in any brokering activity
relating to the transfer from any country, including Malta, to any
other country of any item listed in the Manual unless:
( a ) he is in possession of a licence issued by the Director
to act as a broker; and
( b ) an authorisation is granted by the Director for the
transfer of such item.
Exceptions.
any goods by the Armed Forces of Malta:
( a ) for use by an International United Nations Force in the
course of its duties as such;
( b ) for use in connection with EU-led Peace-Keeping
Operations sanctioned by UN/OSCE;
( c ) for use in connection with distress situations and other
cases of an emergency nature;
( d ) for the purpose of their being repaired, overhauled,
refitted, modified, tested or maintained and returned to
Malta;
( e ) for the purpose of their being used at international
military competitions, or
( f ) for the purposes of testing of munitions.
4 [ S.L.365.13 MILITARY EQUIPMENT (EXPORT CONTROL)
(2) Nothing in these regulations prohibits the export of:
( a ) any aircraft on a scheduled journey;
( b ) any aircraft the immediately preceding import of
which was on a scheduled journey and which is
intended for further scheduled journeys;
( c ) any vessel which is departing temporarily from Malta
on trials;
( d ) any vessel proceeding on a normal commercial
journey.
Customs 
procedures.
6. When completing the formalities for the export of military
equipment at the customs office responsible for handling the export
declaration, the exporter shall furnish proof that any necessary
export authorization has been obtained.
Misleading 
applications for 
authorisations etc.
7. (1) For the purposes of obtaining any authorization no
person shall:
( a ) make any statement or furnish any document or
information which to that person’s knowledge is false
in a material particular; or
( b ) recklessly make any statement or furnish any
document or information which is false in a material
particular.
(2) Any authorization which may have been granted by the
Director in connection with an application for which a false
statement was made or a false document or information was
furnished shall be void as from the time it was granted.
Registration and 
provision of 
information.
8. (1) Not later than thirty days after any person makes an
export for a first time by virtue of an authorization granted by the
Director, that person shall give to the Director written notice of the
following particulars:
( a ) the name of the person; and
( b ) the address at which copies of the records referred to
in regulation 9 may be inspected by any person
authorized by the Minister under regulation 9.
(2) A person who has given to the Director written notice of
particulars under subregulation (1) shall, not later than thirty days
after any change in those particulars, give to the Director written
notice of the changed particulars.
Record keeping 
and inspection.
9. (1) Exporters shall keep detailed registers or records of
their exports. Such registers or records shall include in particular
commercial documents such as invoices, manifests and transport
and other dispatch documents, containing sufficient information to
allow the following to be identified:
( a ) the description of the military equipment;
( b ) the quantity of the military equipment;
( c ) the name and address of the exporter and of the
consignee;
MILITARY EQUIPMENT (EXPORT CONTROL) [ S.L.365.13 5
( d ) in so far as it is known to that person, the end use of
the military equipment and the name and address of
the end-user.
(2) The records referred to in subregulation (1) shall be kept
for at least three years from the end of the calendar year in which
the export took place, and the person concerned shall permit any
such records to be inspected and copied by any person authorized
by the Minister.
(3) Any person authorized by the Minister may, on producing if
required to do so a duly authenticated document showing his
authority, at any reasonable hour enter, for the purpose of
subregu1ation (2), the premises of which the address has most
recently been notified to the Director under regulation 8.
(4) Where any documents or records referred to in
subregulation (2) are kept in a form which is not legible the
exporter shall at the request of the person authorized by the
Minister, reproduce such documents or records in a legible form.
Penalties for 
failure to comply 
with these 
regulations.
10. (1) Any person in Malta, or any citizen or permanent
resident of Malta, whether in Malta or elsewhere, who -
( a ) exports items from Malta by virtue of an authorization
granted by the Director and fails to comply with any
condition attaching to that authorization, or
( b ) contravenes any of these regulations,
shall be guilty of an offence and shall be liable on conviction to a
term of imprisonment not exceeding five years or to a fine ( multa )
not exceeding fifty thousand liri.
(2) No person is guilty of an offence under subregulation (1)( a )
where:
( a ) the condition in question had been previously modified
without that person’s consent by the Director;
( b ) the alleged failure to comply would not have been a
failure had the authorization not been so modified;,
and
( c ) that person proves that the items in relation to which
he has failed to comply with the condition had, at the
time the condition was modified, already been
exported.
6 [ S.L.365.13 MILITARY EQUIPMENT (EXPORT CONTROL)
SCHEDULE
Export of Military Equipment
Authorization Application Form
1. EXPORTER Vat No:
Name of company:
Address:
Name of contact person:
Tel. No:
Fax No:
2. CONSIGNEE
Name:
Address:
Name of contact person:
Tel. No:
Fax No:
e-Mail Address:
3. AGENT/REPRESENTATIVE
Name of company:
Address:
Name of contact person:
Tel. No:
Fax No:
4. END-USER
Name:
Address:
Name of contact person:
Tel. No:
Fax No:
e-Mail Address:
5. Country of origin 6. Country of consignment 7. Country of final
destination
8. Description of the item*: 9.  Commodity Code 10. Control list no.
11. Currency and Value 12. Quantity of the
items
13  End use 14. Contract date 15. Customs export
procedure
16. Additional information deemed relevant by the exporter
17. I hereby apply for an export authorization in respect of the item described above and I
declare that all the particulars furnished by me are correct.
Signature Name in blocks Date
FOR OFFICE USE ONLY Reference No:
Export authorized: This authorization is valid until:
Signature Stamp
Name in blocks
Date
* Technical specifications of the item should be attached to this application form
Note: Boxes 1 to 17 should all be filled. A separate form should be submitted for each item.
MILITARY EQUIPMENT (EXPORT CONTROL) [ S.L.365.13 7
Note: In part I of box 18, enter the quantity still available, and in part 2 of box 18 enter the quantity
deducted on that occasion.
17. Net quantity/value (Net mass/other
unit with indication of unit)
20. Customs document
(Type and number
or extract number)
and date of
deduction
21. Name in blocks
and signature
of Customs
Officer and
stamp
18. In numbers 19. In words
for
quantity/
value
deducted
1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
