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LU - Grand Duke Regulation of 14 December 2018 - Annex I - EN - Vers. 7.8.2023
Annex 1 - Implementing measures relating to the States, political regimes, persons, groups and entities subject to restrictive measures under Article 19 of the Law
(mod. by Grand Duke Regulation of 7 August 2023, Art. 1) The economic and trade measures section of the following restrictive measures are applicable in their entirety, with the exception of the measures provided for by the amended law of 19 December 2020 on the implementation of restrictive measures in financial matters.
The Grand Duke Regulation of 7 August 2023 marks an abrupt and unforeseen change in the previous approach and practice of amending the Grand Duke Regulation of 14 December 2018 implementing the Luxembourg Export Control Act of 27 June 2018. Rather than setting out in detail the provisions and modalities of the embargo on arms exports, imports and brokering to countries subject to sanctions (how it was the case under previous versions of the Regulation of 14 December 2018), the regulation of 7 August 2023 innovates and replaces these provisions in their entirety with a simple reference, without indicating specific articles, to the political decision taken within the Council of the European Union, which is, however, only binding on the Member States.
The risk of this new approach is to lead to a lack of normative scope and legal clarity of the newly worded Annex 1, given the uncertainty as to the binding effect of the provisions of the new version of Annex 1 as amended by the regulation of 7 August 2023. This uncertainty is also likely to affect the principle of legal certainty and legitimate expectations, especially as the new text does not simplify matters, but rather makes them less transparent and places greater burdens on economic operators in terms of the research they need to carry out to determine the text applicable to their legal situation.
This is all the more true given that the Council decisions now referred to in Annex 1 are sometimes imprecise when it comes to determining the scope of the prohibitions and other restrictive measures affecting the arms trade with these sanctions countries.
There is also a risk that the newly established rules will be considered by a judge as lacking the precision required by the principle of legality of offences and penalties.
Eventually, the regulation of 7 August 2023 was adopted without recourse to the opinion of the Council of State, which is mandatory except in duly established cases of urgency. The existence of a case of urgency in this instance may be challenged, by way of exception, for example in a criminal trial for breach of the arms embargo, before a Luxembourg court, which could refuse to apply the regulation of 7 August 2023 in its entirety if the reasons given in support of the case of urgency are not accepted by the court.
Despite the uncertain nature of Annex 1 in its now applicable version, RespectUs formally recommends that users of the platform continue to comply with all EU Council decisions on arms embargoes against sanctioned countries, even if these are only binding on EU Member States.
To obtain a complete and reasoned exposé of the impact of the Grand Duke regulation of 7 August 2023, or to obtain specific assistance concerning the Luxembourg legal provisions implementing EU sanctions, please contact RespectUs under https://www.respectus.space/contact.
You may also search for applicable sanctions and embargoes, and obtain relevant legal texts about your transaction, product and destination country under sanctions via https://respectus.eu/sanction-and-embargoes .
Issued by RespectUs, 3 September 2023.
1. Afghanistan
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan, as amended.
(1) (mod. by Grand Duke regulation of 24 July 2020, art. 1, 3° a)) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 753/2011 of 1 August 2011, as amended, concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan: Article 2.
(2) (mod. by Grand Duke regulation of 24 July 2020, art. 1, 3° a)) Shall be prohibited the sale and transfer and supply to the individuals, groups, undertakings and entities referred to in Annex I of Regulation (EU) No 753/2011 cited above, as well as the transfer and export to these individuals, groups, undertakings and entities, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(3) (mod. by Grand Duke regulation of 24 July 2020, art. 1, 3° a)) Shall be prohibited the supply to the individuals, groups, undertakings and entities referred to in Annex I of Regulation (EU) No 753/2011 cited above, of technical advice, assistance or training related to military activities.
2. Belarus
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, as amended.
(1) (mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1° a)) Reference is made to the hereafter mentioned provisions of Council Regulation (EC) No 765/2006 of 18 May 2006, as amended, concerning restrictive measures against President Lukashenko and certain officials of Belarus: Articles 1a and 1b.
(2) (mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1° a)) Shall be subject to an authorization: (a) the sale and supply to Belarus, as well as the transfer and export to Belarus, by nationals of the Grand Duchy of Luxembourg or from the territory of the Grand Duchy of Luxembourg or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products; (b) the direct and indirect provision of brokering services or other services related to defence-related products, and to the provision, manufacturing, maintenance and use of defence-related products, to any natural or legal person, entity or body in, or for use in, Belarus.
3. Democratic Republic of the Congo
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EC) No 1183/2005 of 18 July 2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EC) No 1183/2005 of 18 July 2005, as amended, imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo: Articles 1a and 1b.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° b)) Shall be prohibited the sale and transfer and supply to all individuals and non-governmental entities operating in the territory of the Democratic Republic of the Congo (DRC), as well as the transfer and export to these individuals and entities, directly or indirecty, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° b)) This prohibition shall not apply to:
- the supply, sale, transfer or export of defence-related products intended solely for support of, or use by, the United Nations Organisation Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO);
- the supply, sale, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to the DRC by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;
- the supply, sale, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, as notified in advance to the Sanctions Committee established pursuant to UNSCR 1533 (2004);
- the supply, sale, transfer or export of defence-related products intended solely for the support of or use by the African Union-Regional Task Force;
- other sales, supplies, export and/or transfer of defence-related products, as approved in advance by the Sanctions Committee established pursuant to UNSCR 1533 (2004).
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° b)) Shall be subject to an authorisation the supply, sale, transfer and export of defence-related products referred to in subparagraph 2.
4. Eritrea
(mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1° c)) (repealed)
5. Iran
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010, as amended.
(3) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran, as amended.
Decision 2011/235/CFSP, to which reference is made in point (3) (whereas points 1 and 3 refer to regulations) does not contain any provisions on arms exports or brokering to Iran.
In the absence of a reference to Decision 2010/413/CFSP, the Grand Ducal Regulation of 7 August 2023 has therefore the effect, since 13 August 2023, of no longer containing in Annex 1 to the Grand Ducal Regulation of 14 December 2018 any restrictions on the export or brokering of arms to Iran. The only restrictions in this area are now those arising from the general provisions of the law of 27 June 2018, in its articles 24 (1) for exports and 31 for brokering, which provide for the need to obtain an administrative authorisation from the Luxembourg authorities for these operations.
It should also be pointed out that the new version of point 5°, as it results from the Grand Ducal Regulation of 7 August 2023, does not include any reference to Council Decision 2023/1532 or Council Regulation 2023/1529 of 20 July 2023 concerning restrictive measures in respect of Iran's military support for Russia's war of aggression against Ukraine, published in the Official Journal of the European Union of 25 July 2023. These restrictive measures prohibit the export to Iran of components used in the manufacture of UAVs because of their possible use by Russia in its war of aggression against Ukraine. They also prohibit the sale, licensing or other transfer of intellectual property rights or trade secrets, as well as the granting of rights to access or re-use any material or information protected by intellectual property rights or constituting trade secrets, in relation to the goods and technologies whose sale, supply, transfer or export to any person, entity or body in Iran or for use in Iran is prohibited.
RespectUs formally recommends that users of the platform continue to comply with EU Council decision 2010/413/CFSP and EU Regulation 2023/1529, even though these are not mentioned in this point 5. At least should be observed Articles 24 (1) and 31 of the Luxembourg Export Control Law of 27 June 2018.
Issued by RespectUs, 3 September 2023.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 359/2011 of 12 April 2011, as amended, concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran: Articles 1a and 1b.
(2) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 267/2012 of 23 March 2012, as amended, concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010: Articles 2a, 2b, 2c, 2d, 3a, 3b, 3c, 3d, 4a, 4b, 4c, 5, 10d and 15a.
(3) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° c)) Shall be prohibited the sale and supply to, or for the use in, or benfit of, Iran, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° c)) This prohibition shall not apply to non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protection of personnel of the European Union and its Member States in Iran.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° c)) The prohibition stipulated in subparagraph 1 shall not apply to the sale, supply, transfer and export to, or for use in, or the benefit of, Iran, from or through the territory of the Member States of the items referred to in item 2 (c), first subparagraph of Annex B to resolution 2231 (2015) of the United Nations Security Council for light water reactors.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° c)) The prohibition stipulated in subparagraph 1 shall not apply, as appropriate, where the Committee established under paragraph 18 of resolution 1737 (2006) of the United Nations Security Council determines in advance, and on a case-by-case basis that such supply, sale, transfer or provision of such items would clearly not contribute to the development of Iran’s technologies in support of its proliferation-sensitive nuclear activities and of development of nuclear weapon delivery systems, including where such items are for food, agricultural, medical or other humanitarian purposes, provided that: a) contracts for delivery of such items or assistance include appropriate end-user guarantees; and b) Iran has committed not to use such items in proliferation-sensitive nuclear activities or for development of nuclear weapon delivery systems.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° c)) Shall also be prohibited the procurement from Iran, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of Iran.
(4) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(5) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(6) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(7) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(8) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(9) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(10) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(11) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(12) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(13) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. a)) (repealed)
(14) (mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1. d) 2.) (repealed)
(15) (mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1. d) 2.) (repealed)
6. Iraq
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/1996, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Common Position 2003/495/CFSP of 7 July 2003 on Iraq, repealing Common Positions 96/741/CFSP and 2002/599/CFSP, as amended.
(1) (mod. by Grand Duke Regulation of 24 July 2020, art. 1, 3° d)) Reference is made to the hereafter mentioned provisions of Council Regulation (EC) No 1210/2003 of 7 July 2003, as amended, concerning certain specific restrictions on economic and financial relations with Iraq and repealing Council Regulation (EC) No 2465/1996: Article 3.
(2) (mod. by Grand Duke Regulation of 24 July 2020, art. 1, 3° d)) Shall be prohibited the sale and supply to Iraq, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, art. 1, 3° d)) Without prejudice to the prohibitions on or obligations of Member States related to items specified in paragraphs 8 and 12 of UNSCR 687 (1991) of 3 April 1991 or activities described in paragraph 3(f) of UNSCR 707 (1991) of 15 August 1991, subparagraph 1 shall not apply to the sale, supply, transfer or export of defence-related products required by the Government of Iraq or the multinational force established under UNSCR 1511 (2003) to serve the purposes of UNSCR 1546 (2004).
(mod. by Grand Duke regulation of 24 July 2020, art. 1, 3° d)) Shall be subject to an authorisation the sale, supply, transfer or export of defence-related products referred to in subparagraph 2.
7. Democratic People’s Republic of Korea
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 2017/1509 of 30 August 2017, as amended, concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007: Articles 3.1.a., 3.1.b., 3.1.c., 3.1.d., 3.1.e., 3.1.f., 3.1.g., 3.3., 4.1., 4.2., 5.1., 5.2., 6.1., 7.1. a., 7.1.c., 7.2., 8.1., 8.2., 10.1., 10.2., 10.3., 10.4., 11.1., 13, 14, 15, 16, 16a, 16b, 16c 16d, 16e, 16f, 16g, 16h, 16i, 16j, 16k, 16l, 16m, 16n, 16o, 16p, 16q, 18.1.a., 18.1.b ., 18.2., 18.3., 19.1. and 19.2..
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3. e)) Shall be prohibited the sale and supply to the Democratic People’s Republic of Korea, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3. e)) This prohibition shall not apply to non-combat vehicles which have been manufactured to provide ballistic protection or fitted with anti-ballistic materials and are intended solely for protective use of personnel of the European Union and its Member States in the Democratic People’s Republic of Korea.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3. e))) Shall be prohibited the procurement from the Democratic People’s Republic of Korea, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Democratic People’s Republic of Korea.
(3) (mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1°. e) 1.) Shall be prohibited the provision of technical training, advice, services, assistance or brokering services, or other intermediary services, related to items or technology referred to in Annex II of Regulation (EU) n° 2017/1509 cited above, or related to the provision, manufacture, maintenance or use of those items, directly or indirectly, to any person, entity or body in, or for use in, the DPRK.
(mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1°. e) 1.) Shall be prohibited the provision to nationals of the Grand Duchy of Luxembourg by the Democratic People’s Republic of Korea of technical training, services, assistance, brokering services, or other intermediary services, related to items or technology referred to in Regulation (EU) n° 2017/1509 cited above, whether or not originating in the territory of the Democratic People’s Republic of Korea.
8. Lebanon
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EC) No 1412/2006 of 25 September 2006 concerning certain restrictive measures in respect of Lebanon, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Common Position 2006/625/CFSP of 15 September 2006 concerning a prohibition on the sale or supply of arms and related materiel and on the provision of related services to entities or individuals in Lebanon in accordance with UNSC Resolution 1701 (2006), as amended.
(1) (mod. by Grand Duke Regulation of 1 February 2019, Art. 1, 8. c) 1.) Reference is made to the hereafter mentioned provisions of Council Regulation (EC) No 1412/2006 of 25 September 2006, as amended, concerning certain restrictive measures in respect of Lebanon: Articles 2 and 3.
(2) Shall be prohibited the direct and indirect sale and supply to any entity or any individual present in Lebanon, as well as the transfer and export to that country, of defence-related products, by nationals of the Grand Duchy of Luxembourg or from the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(3) Shall be prohibited the direct and indirect provision of brokering services and other
services related to military activities and to the provision, manufacture, maintenance and use of defence-related products, to any natural or legal person, entity or body in, or for use in, Lebanon.
(4) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3. f)) The prohibitions in paragraphs 2 and 3 shall not apply to the sale, supply, transfer or export of defence-related products or the provision of brokering services and other services related to such products, provided that:
- the goods or services are not supplied, directly or indirectly, to any militia for whose disarmament the United Nations Security Council has called in its resolutions 1559 (2004) and 1680 (2006), and
- the transaction has been authorized by the Government of Lebanon or by the United Nations Interim Force in Lebanon, or
- the goods or services are for the use of the United Nations Interim Force in Lebanon in the performance of its mission or by the Lebanese armed forces.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3. f)) Shall be subject to an authorisation the sale, supply, transfer or export of defence-related products, as well as the provision of brokering services or other services referred to in subparagraph 1.
9. Libya
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya and repealing Decision 2011/137/CFSP, as amended.
(1) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° g)) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 2016/44 of 18 January 2016, as amended, concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011: Articles 2, 2a, 3 and 15.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° g)) Shall be prohibited the sale and supply to Libya, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° g)) This prohibition shall not apply to:
- the supply, sale, export or transfer of non-lethal military equipment intended solely for humanitarian or protective use;
- the supply, sale, export or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Libya by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;
- the supply, sale, export or transfer of non-lethal military equipment intended solely for security or disarmament assistance to the Libyan government;
- the supply, sale, export or transfer of defence-related products as approved in advance by the Committee established pursuant to paragraph 24 of resolution 1970 (2011) of the United Nations Security Council;
- the supply, sale, export or transfer of defence-related products, intended solely for security or disarmament assistance to the Libyan government, as approved in advance by the Committee established pursuant to paragraph 24 of resolution 1970 (2011) of the United Nations Security Council;
- the supply, sale, export or transfer of small arms, light weapons and related materiel, temporarily exported to Libya for the sole use of United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, notified to the Committee in advance and in the absence of a negative decision by the Committee established pursuant to paragraph 24 of resolution 1970 (2011) of the United Nations Security Council within five working days of such a notification.
(3) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° g)) Shall be prohibited the procurement from Libya, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of Libya.
10. Myanmar / Burma
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma and repealing Regulation (EU) No 194/2008, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2013/184/CFSP concerning restrictive measures imposed on account of the situation in Myanmar/Burma, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 401/2013 of 2 May 2013, as amended, concerning restrictive measures in respect of Myanmar / Burma and repealing Regulation (EC) No 194/2008: Articles 2, 3, 3a, 3b and 4.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° h) 1.) Shall be prohibited the sale and supply to Myanmar/Burma, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territoryof the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° h) 1.) This prohibition shall not apply to:
- the sale, supply, transfer or export of non-lethal military equipment, intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations and the European Union, or of materiel intended for the European Union and the United Nations crisis management operations;
- the sale, supply, transfer or export of demining equipment and materiel for use in demining operations.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° h) 1.) Shall be subject to an authorization the sale, supply, transfer or export of defence-related products referred to in subparagraph 2.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° h) 1.) This prohibition shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Myanmar/Burma by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
(3) Shall be prohibited the provision of military training to or military cooperation with the Myanmar Armed Forces (Tatmadaw) and the Border Guard Police. This prohibition shall not apply to training or cooperation aimed at strengthening democratic principles, the rule of law or respect for international law, including international human rights law, in Myanmar / Burma.
(4) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° h) 2.) Shall be prohibited theprovision of brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of defence-related products, directly or indirectly, to any natural or legal person, entity or body in, or for use in Myanmar / Burma.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° h) 2.) This prohibition shall not apply to brokering services related to:
- the sale, supply, transfer or export of non-lethal military equipment, intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations and the European Union, or of materiel intended for the European Union and the United Nations crisis management operations;
- the sale, supply, transfer or export of demining equipment and materiel for use in demining operations.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° h) 2.) Shall be subject to an authorization the provision of brokering services referred to in subparagraph 2.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° h) 2.) This prohibition shall not apply to brokering services related to protective clothing, including flak jackets and military helmets, temporarily exported to Myanmar/Burma by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
11. Central African Republic
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures in view of the situation in the Central African Republic, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 224/2014 of 10 March 2014, as amended, concerning restrictive measures in view of the situation in Central African Republic: Articles 2, 3, and 4.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° i)) Shall be prohibited the sale and supply to the Central African Republic (CAR), as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° i)) This prohibition shall not apply to:
- the sale, supply, transfer or export of defence-related products, intended solely for the support of the United Nations Multidimensional Integrated Stabilization Mission in the CAR (MINUSCA), the European Union missions and the French forces deployed in the CAR, as well as other United Nations Member States’ forces providing training and assistance as notified in accordance with point b);
- the sale, supply, transfer or export of non-lethal equipment and the provision of assistance, including operational and non-operational training provided to CAR security forces, including State civilian law enforcement institutions, intended solely for support of or use in the CAR process of Security Sector Reform, in coordination with Minusca, and as notified in advance to the Committee established pursuant to paragraph 57 of resolution 2127 (2013) of the United Nations Security Council;
- the sale, supply, transfer or export of defence-related products brought into the CAR by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the CAR, Sudan and Chad, to enhance security in the common border areas, in cooperation with Minusca, as approved in advance by the Committee established pursuant to paragraph 57 of resolution 2127 (2013) of the United Nations Security Council;
- the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, as approved in advance by the Committee established pursuant to paragraph 57 of resolution 2127 (2013) of the United Nations Security Council;
- the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, personnel of the European Union or its Member States, representatives of the media, humanitarian and development workers and associated personnel;
- the sale, supply, transfer or export of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area or by armed wildlife rangers of the Chinko Project and the Bamingui-Bangoran National Park to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR’s international legal obligations, as notified in advance to the Committee established pursuant to paragraph 57 of resolution 2127 (2013) of the United Nations Security Council;
- the sale, supply, transfer or export of weapons with a calibre of 14,5 mm or less and ammunition and components specially designed for such weapons, and of unarmed ground military vehicles and ground military vehicles mounted with weapons with a calibre of 14,5 mm or less, to the CAR security forces, including State civilian law enforcement institutions, where such weapons, ammunition, components and vehicles are intended solely for the support of or use in the CAR process of Security Sector Reform, as notified in advance to the Committee established pursuant to paragraph 57 of resolution 2127 (2013) of the United Nations Security Council.
- the sale, supply, transfer or export of arms and other related lethal equipment that are not listed in point g), to the CAR security forces, including State civilian law enforcement institutions, where such arms and equipment are intended solely for support of or use in the CAR process of Security Sector Reform, as approved in advance by the Committee established pursuant to paragraph 57 of resolution 2127 (2013) of the United Nations Security Council;
- other sale, supply, transfer or export of defence-related products, as approved in advance by the Committee established pursuant to paragraph 57 of resolution 2127 (2013) of the United Nations Security Council.
12. Federation of Russia
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view ofRussia's actions destabilising the situation in Ukraine, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 833/2014 of 31 July 2014, as amended, concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine: Articles 2, 2a, 3, 3a and 4.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° j) 1.) Shall be prohibited the sale and supply to Russia, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(3) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° j) 1.) It shall be prohibited to provide brokering services and other services related to military activities and the provision, manufacture, maintenance and use of defencerelated products, directly or indirectly, to any natural or legal person, entity or body in, or for use in Russia.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° j) 1.) This prohibition shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts, and to provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the European Union.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° j) 1.) Shall be subject to an authorization the provision of brokering services or other services related to the transactions referred to in paragraph 2, subparagraphs 3 and 5.
(4) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° j) 1.) Shall be prohibited the import, purchase or transport of defence-related products, from Russia, by nationals of the Grand Duchy of Luxembourg or by using vessels or aircraft of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° j) 1.) This prohibition shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts, and to the provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the European Union.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° j) 1.) This prohibition shall not apply to the transactions referred to in paragraph 2, subparagraphs 3 and 5.
(5) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1 , 3° j) 1.) (repealed)
13. Somalia
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies in view of the situation in Somalia, as amended.
(3) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EC) No 147/2003 of 27 January 2003, as amended, concerning certain restrictive measures in respect of Somalia: Articles 1, 2, 2a, 3 and 3b.
(2) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 356/2010 of 26 April 2010, as amended, imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia: Article 8.
(3) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° k) 1.) Shall be prohibited the sale and supply to Somalia, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° k) 1.) This prohibition shall not apply to:
- the supply, sale, export or transfer of defence-related products of all types, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM);
- the supply, sale, export or transfer of defence-related products of all types, intended solely for the support of or use by the African Union Mission in Somalia (AMISOM);
- the supply, sale, export or transfer of defence-related products of all types, intended solely for the support of, or use by, AMISOM’s strategic partners, operating solely under the African Strategic Concept of 5 January 2012 (or subsequent AU strategic concepts), and in cooperation and coordination with AMISOM;
- the supply, sale, export or transfer of defence-related products of all types whatsoever, intended solely for the support of, or use by, the European Union Training Mission (EUTM) in Somalia;
- the supply, sale, export or transfer of defence-related products of all types, intended solely for the use of Member States of the European Union or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, upon the request of the Federal Government of Somalia for which it has notified the Secretary-General and provided that any measures undertaken shall be consistent with international humanitarian and human rights law;
- the supply, sale, export or transfer of defence-related products of all types, intended solely for the development of the Somali National Security Forces, or Somali security sector institutions other than those of the Federal Government of Somalia, to provide security for the Somali people. The delivery of the items set out in Annexes II and III of Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP, shall be subject to the relevant approval or notifiction requirements as follows: i) the supply, sale, export or transfer of defence-related products of all types set out in Annex II of Decision 2010/231/CFSP, cited above, intended solely for the development of the Somali National Security Forces, or Somali security sector institutions other than those of the Federal Government of Somalia, to provide security for the Somali people, shall be subect to approval in advance by the Sanctions Committee on a case-by-case basis, as set out in paragraphs 4a and 4b of Decision 2010/231/CFSP cited above; ii) the supply, sale, export of transfer of defence-related products of all types set out in Annex III of Decision 2010/231/CFSP cited above, intended solely for the development of the Somali National Security forces to provide security for the Somali people, shall be subject to prior notification to the Sanctions Committee as set out in paragraphs 4a and 4b of Decision 2010/231/CFSP cited above; iii) the supply, sale, export or transfer of defence-related products of all types set out in Annex III of Decision 2010/231/CFSP cited above intended solely for the development of the Somali security sector institutions other than those of the Federal Government of Somalia, shall be subject to prior notification to the Sanctions Committee as set out in paragraph 4b of Decision 2010/231/CFSP, cited above and may be provided in the absence of a negative decision by the Sanctions Committee within five working days of receiving such notification;
- the supply, sale, export or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of media, and humanitarian and development workers and associated personnel for their personal use only;
- the supply, sale, export or transfer of non-lethal military equipment intended solely for humanitarian or protective use, notified to the Sanctions Committee five days in advance, and for its information only, by the supplying Member State of the European Union or the, international, regional or subregional organisation.
(4) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° k) 1.) It shall be prohibited to supply, resell, transfer or make available for use any defence-related products, sold or supplied solely for the development of the Somali National Security Forces, or Somali security sector institutions other than those of the Federal Government of Somalia, to any individual or entity not in the service of the Somali National Security Forces or Somali security sector institutions to which it was originally sold or supplied, or to the selling or supplying Member State or international, regional or subregional organisations.
(5) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° k) 1.) Shall be prohibited the sale and supply to persons or entities referred to in Annex I of Decision 2010/231/CFSP cited above, as well as the transfer and export to these persons and entities, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(6) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° k) 2.) Shall be prohibited the direct or indirect supply of brokerage services, related to military activities or the supply, sale, transfer, manufacture, maintenance or use of defence-related products, to persons or entities referred to in Annex I of Decision 2010/231/CFSP cited above.
(7) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° k) 2.) Subject to paragraph 2, subparagraph 3, shall be prohibited the sale and supply to Somalia, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of improvised explosive device components appearing on the Common Military List of the European Union and listed in Annex IV to Decision 2010/231/CFSP cited above, whether or not originating in the territory of the Grand Duchy of Luxembourg.
14. South Sudan
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in view of the situation in South Sudan and repealing Regulation (EU) No 748/2014, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision (CFSP) 2015/740 of 7 May 2015 concerning restrictive measures in view of the situation in South Sudan and repealing Decision 2014/449/CFSP, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) 2015/735 of 7 May 2015, as amended, concerning restrictive measures in respect of the situation in South Sudan and repealing Regulation (EU) No 748/2014: Articles 2, 3 and 4.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3. l)) Shall be prohibited the sale
and supply to South Sudan, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3. l)) This prohibition shall not apply to the sale, supply, transfer or export of:
- defence-related products, intended solely for support of or use by United Nations personnel, including the United Nations Mission in the Republic of South Sudan (UNMISS) and the United Nations Interim Security Force for Abyei (UNISFA);
- non-lethal military equipment intended solely for humanitarian or protective use, as notified in advance to the United Nations Security Council Committee established pursuant to resolution 2206 (2015) ;
- protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan, by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;
- defence-related products temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan, as notified to the United Nations Security Council Committee established pursuant to resolution 2206 (2015);
- defence-related products, to or in support of the African Union Regional Task Force intended solely for regional operations to counter the Lord’s Resistance Army, as notified in advance to the United Nations Security Council Committee established pursuant to resolution 2206 (2015);
- defence-related products, solely in support of the implementation of the terms of the peace agreement, as approved in advance by the United Nations Security Council Committee established pursuant to resolution 2206 (2015);
- other sales or supply of defence-related products, as approved in advance by the United Nations Security Council Committee established pursuant to resolution 2206 (2015).
15. Sudan
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) 747/2014 of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) 1184/2005, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2014/450/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Decision 2011/423/CFSP, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 747/2014 of 10 July 2014, as amended, concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005: Articles 2, 3 and 4.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° m)) Shall be prohibited the sale and supply to Sudan, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° m)) This prohibition shall not apply to:
- the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, or for institution-building programmes of the United Nations, the African Union (AU), the European Union, or of material intended for European Union, UN and AU crisis management operations;
- the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for the protective use, in Sudan, by personnel of the European Union and its Member States, or by the United Nations or AU personnel;
- the sale, supply, transfer or export of de-mining equipment and material for use in de-mining operations.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° m)) Shall be subject to an authorization the sale, supply, transfer and export of items referred to in subparagraph 2.
16. Syria
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) 442/2011, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures in view of the situation in Syria, as amended.
(1) (mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1°, j)) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 36/2012 of 18 January 2012, as amended, concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011: Articles 2a, 2b, 3, 4, 5 , 6, 6a, 6b, 7, 7a, 8, 9, 9a, 10, 11, 11b, 11c and 12.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° n) 1.) Shall be subject to an authorisation the sale and supply to any person, entity or body in Syria or for use in Syria. as well as the transfer and export to any person, entity or body in Syria or for use in Syria, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of equipment which might be used for internal repression other than those listed in Annex IA or Annex IX of Regulation 36/2012 cited above, whether or not originating in the European Union.
(3) Shall be subject to an authorization the provision of technical assistance related to equipment which might be used for internal repression other than those listed in Annex IA or in Annex IX to Regulation 36/2012 cited above, whether or not originating in the European Union, to any person, entity or body in Syria or for use in Syria.
(4) (mod. by Grand Duke regulation of 24 July 2020, Art. 1, 3° n) 2.) (mod. by Regulation (EU) 2021/821, Art. 31) Shall be prohibited the sale and supply to Syria, as well as the transfer and export to this country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of dual-use items referred to in Article 2, point 19), and in Article 4 (1), point b), of Regulation (EU) 2021/821, whether or not originating in the territory of the Grand Duchy of Luxembourg.
(5) Shall be prohibited the purchase, import or transport of defence-related products, from or originating in Syria, with the exception of chemical weapons or related material from Syria or originating in Syria, undertaken in accordance with paragraph 10 of resolution 2118 (2013) of the United Nations Security Council and related decisions of the Organization for the Prohibition of Chemical Weapons, consistent with the objective of the Chemical Weapons Convention.17. Terrorist Groups
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with ISIL (Da'esh) and Al-Qaida organisations, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed againstISIL (Da'esh) and Al-Qaeda, and natural and legal persons, entities or bodies associated with them, as amended.
(3) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to the Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (2001/931/CFSP), as amended.
(4) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures againstISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them, and repealing Common Position 2002/402/CFSP, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EC) No 881/2002 of 27 May 2002, as amended, imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan: Articles 3 and 4.
(2) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 2016/1686 of 20 September 2016, as amended, imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them: Article 9.
(3) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° o)) Shall be prohibited the sale and supply to any individual, group, undertaking or entity designated by the United Nations Security Council pursuant to resolutions 1267 (1999), 1333 (2000) and 2253 (2015) of the United Nations Security Council, as updated by the Committee established pursuant to resolution 1267 (1999), or designated by the Council, or to those acting on their behalf or at their direction, as well as the transfer and export to these individuals, groups, undertakings or entities, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
18. Ukraine
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, as amended.
The reference now made to European Regulation 269/2014 of 17 March 2014 is not justified in the Grand Ducal Regulation of 14 December 2018 on export controls. Regulation 269/2014 exclusively involves a freezing of funds of listed persons, and no restrictive measures in the field of trade. The same applies to Decision 2014/145/CFSP, which is the political decision that served as the basis for drafting Regulation 269/2014.
The deletion of the reference to Regulation 692/2014 in the new version of Annex 1 is not justified either. In fact, this text forms the basis for the regulation of restrictive measures in response to the illegal annexation of Crimea and Sevastopol, dealing with the import of goods originating in Crimea and Sevastopol and the export of specific goods to these territories. The relevant political decision is Council Decision 2014/386/CFSP of 23 June 2014.
In the absence of a reference to Regulation 692/2014 in the national text, the question is if it must be concluded that the Grand Ducal Regulation of 7 August 2023 has the effect, since 13 August 2023, of abolishing the restrictive measures in response to the illegal annexation of Crimea and Sevastopol, dealing with the import of goods originating in Crimea and Sevastopol and the export of specific goods to those territories, and any possibility of penalties in the event of a breach of those restrictive measures.
RespectUs formally recommends to the users of its platform to continue to strictly comply with Regulation 692/2014 of 23 June 2014 concerning resrictions on the import into the EU of goods originating in Crimea and Sevastopol in response to the illegal annexation of Crimea and Sevastopol.
Issued by RespectUs, 3 September 2023.
19. United States of America
(1)mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, as amended.
20. Yemen
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2014/932/CFSP of 18 December 2014 concerning restrictive measures in view of the situation in Yemen, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 1352/2014 of 18 December 2014, as amended, concerning restrictive measures in view of the situation in Yemen: Article 1a.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° p)) Shall be prohibited the sale and supply to, or for the benefit of, individuals and entities listed on the Annex to Decision 2014/932/CFSP of 18 December 2014 concerning restrictive measures in view of the situation in Yemen, and those acting on their behalf or at their direction in Yemen, as well as the transfer and export to these individuals and entities, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from or through the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the territory of the Grand Duchy of Luxembourg.
21. Zimbabwe
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning restrictive measures in view of the situation in Zimbabwe, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures in view of the situation in Zimbabwe, as amended.
(1) Reference is made to the hereafter mentioned provisions of Council Regulation (EC) No 314/2004 of 19 February 2004, as amended, concerning certain restrictive measures in respect of Zimbabwe: Articles 2, 3, 4, 4a and 5.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° q) 1.) Shall be prohibited the sale and supply to Zimbabwe, as well as the transfer and export to that country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the Grand Duchy of Luxembourg.
This prohibition shall not apply to:
- the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations and the European Union, or of material intended for crisis management operations of the European Union and the United Nations, on condition that any export thereof has been approved in advance by the Ministers;
- protective clothing, including flak jackets and military helmets, temporarily exported to Zimbabwe, by personnel of the United Nations, by personnel of the European Union or its Member States, representatives of the media, humanitarian and development workers and associated personnel for their personal use only.
(3) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° q) 2.) Shall be prohibited the provision of brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of defence-related products, directly or indirectly, to any person, entity or body in, or for use in, Zimbabwe.
(mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3° q) 2.) This prohibition shall not apply to brokering services and other services related to:
- the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations and the European Union, or of material intended for crisis management operations of the European Union and the United Nations, on condition that any export thereof has been approved in advance by the Ministers;
- protective clothing, including flak jackets and military helmets, temporarily exported to Zimbabwe, by personnel of the United Nations, by personnel of the European Union or its Member States, representatives of the media, humanitarian and development workers and associated personnel for their personal use only.
22. Venezuela
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela, as amended.
(1) (mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1°, l)) Reference is made to the hereafter mentioned provisions of Council Regulation (EU) No 2017/2063 of 13 November 2017, as amended, concerning restrictive measures in view of the situation in Venezuela: Articles 2, 3, 4, 5, 6 and 7.
(2) (mod. by Grand Duke Regulation of 24 July 2020, Art. 1, 3°, r)) Shall be prohibited the sale and supply to Venezuela, as well as the transfer and export to that country, directly or indirectly, by nationals of the Grand Duchy of Luxembourg, or from the territory of the Grand Duchy of Luxembourg, or by using vessels or aircraft of the Grand Duchy of Luxembourg, of defence-related products, whether or not originating in the Grand Duchy of Luxembourg.
(mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1°, l)) The prohibition in subparagraph 1 shall not apply to the execution of contracts concluded before 13 November 2017 or to ancillary contracts necessary for the execution of such contracts, provided that they comply with Council Common Position 2008/944/ CFSP of 8 December 2008 defining common rules governing control of exports of military equipment and technology, in particular with the criteria set out in Article 2 thereof, and that the natural or legal persons, entities or bodies seeking to perform the contract have notified the contract to the competent authority of the Member State in which they are established within 5 working days of the entry into force of the Council Decision (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela.
(mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1°, l)) The prohibition in subparagraph 1 shall not apply:
- to the sale, supply, transfer or export of non-lethal military equipment, intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations and the European Union and its Member States or regional and subregional organisations or of material intended for crisis-management operations of the United Nations and the European Union or of regional and subregional organisations;
- to the sale, supply, transfer or export of demining equipment and material for use in demining operations;
- to the maintenance of non lethal equipment which might be used by the navy and coastguard of Venezuela intended solely for border protection, regional stability and the interception of narcotics.
(mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1°, l)) Shall be subject to an authorization the sale, supply, transfer and export of defence-related products referred to in subparagraph 3.
(mod. by Grand Duke Regulation of 1 August 2019, Art. 1, 1°, l)) The prohibition in subparagraph 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Venezuela by personnel of the United Nations, personnel of the European Union or its Member States, representatives of the media, and humanitarian and development workers and associated personnel for their personal use only.
23. Haiti
(1) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti, as amended.
(2) (mod. by Grand Duke Regulation of 7 August 2023, Art. 1) Reference is made to Council Decision (CFSP) 2022/2319 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti, as amended.
Initial version
Grand Duke Regulation of 14 December 2018 on export control | Official Journal of the Grand Duchy of Luxembourg, No A-1158 of 20 December 2018, pages 1 to 181 |
Modified by:
Grand Duke Regulation of 1 February 2019 | Official Journal of the Grand Duchy of Luxembourg, No A-61 of 11 February 2019, page 1 to 37 |
Grand Duke Regulation of 1 August 2019 | Official Journal of the Grand Duchy of Luxembourg, No A-582 of 28 August 2019, page 1 to 35 |
Grand Duke Regulation of 15 January 2020 | Official Journal Grand Duchy of Luxembourg, No A-20 of 17 January 2020, pages 1 to 59 |
Grand Duke Regulation of 24 July 2020 | Official Journal of the Grand Duchy of Luxembourg, No A-668 of 6 August 2020, pages 1 to 33 |
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)ing trade in certain goods which could be used for-capital punishment, torture or other cruel, inhuman or degrading treatment or punishment | Official Journal of the European Union, No L 206 of 11 June 2021, pages 1 to 461 |
Grand Duke Regulation of 7 August 2023 | Official Journal of the Grand Duchy of Luxembourg, No A-499 of 9 August 2023, pages 1 to 4 |