Citation(s) from the literature library

Portugal. 2016 ‘International Transfers.’ National Report of Portugal on its Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA); Section 3, p. 2. New York NY: Permanent Mission of Portugal to the United Nations. 1 April

Relevant contents

Section 3: International Transfers

Laws, regulations and administrative procedures

5. Does your country have laws, regulations or administrative procedures to exercise effective control over the export, import, transit or retransfer of SALW? YES

5.1. List laws, regulations or administrative procedures to exercise effective control over the export, import, transit or retransfer of SALW.

- Law 49/2009, dated August 5 (For military articles, regulates licencing and registration of companies for the industry and commerce of defence-related products and also brokering activities);
- Law 37/2011, dated June 22 (For military articles, regulates imports, exports, transit, transshipment, and intra-EU transfers, of defence related products, including end-use control);
- Law 5/2006, dated February 23, and Law 12/2011, dated April 27 (For civil articles, establishes a comprehensive regime which applies to all categories of small arms and light weapons);
- Law 42/2006, dated August 25 (regulates the importing and exporting of small arms for sports and collectors).

European Union legislation also applies to export, import, transit or retransfer of SALW, namely:
i) European Union Council Common Position 2008/944/EC, dated 8 December, defining common rules governing control of exports of military technologies and equipment, exports of military technologies and equipment;
ii) Directive 2009/43/EC of the European Parliament and of the Council of the European Union of 6 May 2009, simplifying terms and conditions of transfers of defence-related products within the Community and
iii) Regulation (EU) no. 258/2012 of 14 March, of the European Parliament and of the Council, implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition.

Licensing and authorisation

5.2. Does a person or an entity who transfers SALW require a licence or other form of authorisation to transfer SALW from/into your country? YES…

5.4.What kind of documentation does your country require prior to authorising an export of SALW to another country?

a) An end-user certificate (EUC) from the importing country: YES
i) What elements does an end-user certificate in your country contain (check relevant boxes)?
1) Detailed description (type, quantity, characteristics) of the SALW or technology: YES
2) Contract number or order reference and date: YES
3) Final destination country: YES
4) Description of the end-use of the SALW: YES
5) Exporter's details (name, address and business name): YES
6) End-user information (name, position, full address and original signature): YES
7) Information on other parties involved in the transaction: YES
8) Certification by the relevant government authorities of the authenticity of the end-user: YES
9) Date of issue: YES
10) Other: Non re-export clauses

b) Other types of end-user documentation:
An Import Authorizathion issued by the destination country…

[SALW = Small Arms and Light Weapons]

ID: Q13089

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