The Belgian Trade Control System: Legislation by Items-Category and Competent Authority

The annexed table sums up legislation in force in Belgium for the following categories of controlled items :

• Conventional weapons;
• Dual-use goods and technologies;
• Goods which could be used for capital punishment, torture or other cruel, inhuman or degradating treatement or punishment.

The table breaks down the legislation in force by category of controlled items and by competent authority.

The Special Law of 12 August 2003 transfers the competence for arms and dual-use items licensing to the Regions, except the transfer of goods originating from the Belgian military or police. 

More precisely, the Special Law transfers to the Regions: “The import, export and transit of arms, ammunition and equipment specifically intended for military or law enforcement use and related technology as well as dual-use goods and technology, without prejudice to the federal competence for import and export concerning the army and police and in accordance with the criteria laid down in the European Union Code of Conduct on Arms Exports”. 

It follows that Regions have a competence in licensing operations clearly listed in the Special Law (import, export and transit), while not listed operations, such as brokering activites, remain a Federal competence.

(Download the annexed table to access details on legislation in force by category of items and by Competent Authority).