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Lebanon - EU Arms Embargoes and Sanctions

NOTICE TO EXPORTERS - 18/06 - 29 September 2006

The European Union have recently adopted Common Position and Regulation on Lebanon. As a consequence of the adoption of EU arms embargo on Lebanon a number of Open General Licences have been amended to remove Lebanon as an eligible destination.

1. The European Union adopted Council Common Position 2006/625/CFSP (O.J.L253, 19.9.2006) on 15th September 2006.  The full range of measures are:-

• A ban on the sale, supply, transfer or export of arms and related materiel to Lebanon, from Member States' territory, by their nationals, or using their flagged vessels and aircraft;
  
• A ban on the provision of technical assistance, brokering services and other services to any person, entity or body in, or for use in Lebanon for, military activities and to the provision, manufacture, maintenance and use of arms and related materiel;
  
• A ban on the provision of financing or financial assistance to any person, entity or body, in or for use in Lebanon for:-
  (i) military activities including the sale, supply, transfer or export of arms and related materiel, 
  (ii) the provision of related technical assistance, brokering services and other services.

2. Council Regulation (EC) 1412/2006 (O.J.L267, 27.9.2006) entered into force on 27th September 2006.  This prohibits:-
                  
 a)    the provision of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel, directly or indirectly to any person, entity or body in, or for use in Lebanon;

b) the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of arms and related materiel, or for any provision of related technical assistance,  directly or indirectly to any person, entity or body in, or for use in Lebanon;

c) the participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to above.

3. These prohibitions will not apply to the sale, supply, transfer or export of arms and related materiel or the provision of technical assistance, financing and financial assistance, brokering services and other services related to arms and related materiel provided that:-

• The goods or services are not supplied directly or indirectly to any militia for whose disarmament the UN Security Council has called in its Resolutions 1559 (2004) and 1680 (2006), and,
  
• The transaction has been authorised by the Government of Lebanon or UNIFIL, or
  
• The goods or services are for the use by UNIFIL in the performance of its mission or by the Lebanese armed forces.

but a licence must still be applied for in the normal way.

4. UK implementing legislation is currently being prepared and a further Notice advising of the details and entry into force will be published shortly.

5.  As a consequence of the adoption of the embargo the Department of Trade and Industry has amended a number of Open General licences. Details below,

Lebanon has been removed from the coverage of the following licences

• Open General Trade Control Licence (OGTCL);
• Open General Transhipment Licence (OGTL);
• OGTL (Sporting Guns);
• OGEL (Technology for Military Goods);
• OGEL (Access Overseas to Technology for Military Goods: Individual Use Only);
• OGEL (Export for Exhibition: Military Goods);
• OGEL (Export After Exhibition or Demonstration: Military Goods);
• OGEL (Military Surplus Vehicles); 
• OGEL (Historic Military Goods).
• OGEL (Export After Repair/replacement under warranty: Military Goods);
• OGEL (Export for Repair/replacement under warranty: Military Goods);
• OGEL (Military Goods: UK Forces deployed in non-embargoed destinations);

The amended licences will come into force on  2nd October 2006.

6. For further information on strategic export controls and coverage of all Open general Licences please contact the ECO.

7. This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

Export Control Organisation
Department of Trade and Industry

XNP Notice 18/06
29 September  2006