GUIDELINES HOW TO FILL THE APPLICATION FORM FOR THE EXPORT OF DUAL-USE GOODS

 

​When a case is presented for the first time to the Commerce Department this must be done through an application compiled and submitted online. The application is an electronic form which can be accessed from commerce.gov.mt or servizz.gov.mt. 

A separate form is to be submitted for each dual-use code. If a shipment comprises numerous items, having different codes and hence requiring separate applications, the fact that they comprise one shipment should be indicated in the section ‘additional information’. 

A step by step guideline on the information required in each field of the application is found below. An asterisk (*) indicates a compulsory field. 

On starting the application process select the applicable bullet (*) from: 

• New Application – applicable if a new application is involved. 

• Continuation of Previous Application – applicable if an application is being resubmitted in view of amendments over the original submission. This is a normal occurrence which may arise out of a request for clarifications from the Commerce Department or corrections needed in view of errors or missing information in the original submission. If this option is chosen, insert the Department Reference Number in the indicated field. This alpha numeric code is found in the email correspondence received from the Commerce Department in reaction to the original submission. It takes the form - MTEXP/year/000/00000. 

SECTION 1. EXPORTER (*) 

The exporter is the natural or legal person or partnership 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 the Community. If no export contract has been concluded or if the holder of the contract does not act on its own behalf, the exporter shall mean the person who has the power for determine the sending of the item out of the customs territory of the community. Article 3.1 Council Regulation (EC) 428/2009. 

The below listed exporter’s details are to be provided. The application refers to a ‘company’ however, the exporter could also be another form of entity, for example an international organisation or governmental body. In that case details are to be provided under the fields - name, website and address. 

If the exporter is incorporated as a company all the below fields are required. 

  •  Company name 
  •  VAT number (required if the company is registered in Malta/EU) 
  •  Website 
  • Company number (if the company is registered in Malta, this would be the MFSA registration number) 
  •  Address 

The details of the person representing the company/entity in terms of this application are to be provided in the following fields (*): 

  •  Full name 
  •  ID card or Passport number 
  •  Email address 
  •  Contact number  telephone and/or mobile number 

Occasionally, the exporter is a natural person acting in his own capacity and not conducting a commercial activity through this export. In this case, the only details required are the full name, ID/Passport number, email, contact number and address. 

If the exporter is a governmental/military body the request for ID Card or Passport number is waived. 

SECTION 2. AGENT/REPRESENTATIVE 

If an agent has been engaged by the exporter to apply for an export licence, provide the following details of the agent/representative (*): 

  •  Company name 
  •  VAT number (required if the company is registered in Malta/EU) 
  •  Website 
  •  Company number (if the company is registered in Malta, this would be the MFSA registration number) 
  •  Address 

The following details of the person representing the company for the purposes of this application (*): 

  •  Full name 
  •  ID card number or Passport number 
  •  E-mail address 
  •  Contact number  - telephone and/or mobile number 

The above fields are obligatory except if no agent has been engaged. In this case, this section is to be left entirely empty. 

When the export is of a personal nature, and if a person is conducting the export formalities on behalf of another person but not as a commercial activity, the details required are the full name, ID/Passport number, email, contact number and the address. This is normally the case when the transaction involves family members.

SECTION 3. CONSIGNEE (*) 

The consignee is the first recipient of exported goods in the country of destination. The following details are to be provided: 

  •  Company name 
  •  VAT number (required if the company is registered in the EU) 
  •  Website 
  •  Company registration number 
  •  Address 

The following details of the contact person representing the company are required: 

  •  Full name 
  •  ID card or Passport number 
  •  Email address 
  •  Contact number - telephone and/or mobile number 

If the consignee is a governmental/military body the request for ID Card or Passport number is waived. The VAT and Company registration number is also not required. 

SECTION 4. END-USER (*) 

The end user is the final receiver and as the name implies, the user of the exported goods. The below listed end user’s details are to be provided. The application calls ‘company’ however, the end-user could also be another form of entity, for example a governmental, military or international body. In that case details are to be provided under the fields - name, website and address. 

If the exporter is incorporated as a company all the below fields are required (*). 

  •  Company name 
  •  VAT number (not obligatory if not established in the EU) 
  •  Website 
  •  Company number 
  •  Address 

If the address of the end-user is not the same as the location of end-use of the items, this other location is to be specified in the ‘Additional Information’ section. 

Contact person representing the end-user for the purposes of this application (*): 

  •  Full name 
  •  ID card number or Passport number 
  •  Email address 
  •  Contact number - Telephone and/or Mobile number 

If the End User is a natural person taking possession of the goods for personal use, the only details required are the full name, ID/Passport number, email, the contact number and the address.

SECTION 5. COUNTRIES (*) 

Country of Origin 

The country where the goods were manufactured. 

Country of Consignment 

The country to which the goods are being transferred and where they will be received by the consignee. 

Member state of current or future location of the items 

The EU Member State where the item is located at the time of the filing of the application with the Maltese authorities. If at the time of application, the item is not at a member state, insert the first Member State that the item will go to during its transfer journey. 

Under the section ‘Additional Information’ it is suggested that you elaborate on the transfer journey. 

In the case of exports, re-exports and intra-community transfers, this field will be Malta. 

Member state of intended entry into the customs export 

The EU Member State where the item entered/will enter the export procedure. 

In the case of exports, re-exports and intra-community transfers, this will be Malta. 

Country of Final Destination 

The country where the products will be employed by the end-user. 

SECTION 6. CUSTOMS EXPORT PROCEDURE (*) 

Choose one option: Export, intra-community transfer, transit, transhipment, re-export, temporary export, or other. If the option ‘other’ is chosen, specify the description in the space provided. 

SECTION 7. ITEM (*) 

It is important that details in this section are precise. 

HS/CN Code 

The Combined Nomenclature (CN) of the goods under application. This must be an 8-digit number. 

Control List No. 

The code should be alphanumeric in accordance to Annex 1 of Council Regulation (EC) No 428/2009. For example: 6A004 plus further subcategories if applicable. A fully detailed code (more than 5 digits) is preferred. 

Description of the Item 

A detailed description of the goods under application, including for example the brand, the full technical name, the capacity, calibre etc. 

Serial/Chassis No 

Where applicable provide the Serial numbers / Chassis numbers / Model numbers / Engine numbers or any other means of unique identification of the goods under application. 

Value in Euro 

The value in Euro of the total goods under application. The conversion rate established by the Customs Department may be utilised. 

Contract Date 

Date of contract (if available). 

Quantity 

The total number of items covered by the application. 

Unit of measure 

The unit of measure describes the quantity (example kilograms, units, etc.). 

SECTION 8. END USE (*) 

End use description 

Provide a fully detailed explanation of the specific purpose for which the item under application will be used. 

Additional information deemed relevant to include 

This section provides the possibility to present any information to support the application or to put the application in context, for example by explaining how the different players listed in the application are interacting for the purposes of the transfer. Or to inform of the location where the goods will be used, if it is different from the address of the end-user. Any information deemed relevant ought to be included. 

SECTION 9. DECLARATION (*) 

The declaration may be drawn either by the exporter or the agent. It is to include the date and the person’s: 

  •  Full name 
  •  ID card number / passport number 
  •  Signature - the form accepts an electronic signature 

SECTION 10. OTHER 

This section allows free text for the applicant to add any other information. It may also be used to list the identification numbers of the items under application if there were too many to fit in the box entitled Serial/chassis no. 

SECTION 11. DATA PROTECTION 

This section is provided for information purposes. 

SUPPORTING DOCUMENTATION (*) AND SUBMIT 

The form must be accompanied by documentation. The minimum starter requirements are: 

  •  an End User Certificate (EUC) 
  •  an import permit in the case of exports 
  •  an export permits in the case of transits and transhipments

It is encouraged to submit other documents such as the bill of lading or airway bill, invoices, packaging lists, contracts, note verbal, registration certificates, operating licences, certifications, etc. 

All documents must be presented in either Maltese or English. If the documents are in another language, they are to be accompanied by a certified translation to English. 

It is to be noted, that documents are not requested in original for applications to be processed. But on issuance, for licences to be collected, the application form bearing a signature and the EUC, are required in original. 

To attach a document press ‘add files’, choose the required document and press ‘start’. Once the document shows as uploaded proceed with other documents. Attach as many documents as necessary. 

Once you are certain that all documents have been added, all the information inputted in the application, and the signature signed electronically, press ‘submit’. The form will reach the Department, whilst you will have a pdf copy of your submission for record purposes. 

The Department will acknowledge receipt of your application and will then reach out with feedback on your submission. 

These guidelines are to be considered as non-binding and the Department reserves the right to request further or different information from that outlined in these guidelines.