What do the
controls cover?
Controls cover the
export, transit and brokering of items listed in the Schedule to the Military Equipment
(Export Control) Regulations, SL365.13 as amended by Legal Notice 195 of 2020 and the EU Common Military List.
What are the categories of the Military List?
Military equipment is categorized under 22 distinct categories as defined
below:
ML1 Smooth-bore weapons with a calibre of less than 20 mm,
other arms and automatic weapons with a calibre of 12,7 mm (calibre 0,50
inches) or less and accessories, and specially designed components therefor
ML2 Smooth-bore weapons with a calibre of 20 mm or more,
other weapons or armament with a calibre greater than 12,7 mm (calibre
0,50 inches), projectors and accessories, and specially designed components
therefor
ML3 Ammunition and fuze setting devices, and specially designed
components therefor
ML4 Bombs, torpedoes, rockets, missiles, other explosive
devices and charges and related equipment and accessories, and specially designed
components therefor
ML5 Fire control, and related alerting and warning equipment,
and related systems, test and alignment and countermeasure equipment, specially
designed for military use, and specially designed components and accessories
therefor
ML6 Ground vehicles and components
ML7 Chemical agents, "biological agents", "riot
control agents", radioactive materials, related equipment, components and
materials
ML8 "Energetic materials", and related substances
ML9 Vessels of war (surface or underwater), special naval
equipment, accessories, components and other surface vessels
ML10 "Aircraft", "lighter-than-air
vehicles", "Unmanned Aerial Vehicles" ("UAVs"),
aero-engines and "aircraft" equipment, related equipment, and
components, specially designed or modified for military use
ML11 Electronic equipment, "spacecraft" and components,
not specified elsewhere on
the EU Common Military List
ML12 High velocity kinetic energy weapon systems and related
equipment, and specially designed components
ML13 Armoured or protective equipment, constructions and
components
ML14 'Specialised equipment for military training' or for
simulating military scenarios, simulators specially designed for training in
the use of any firearm or weapon specified by ML1 or ML2, and specially
designed components and accessories therefor
ML15 Imaging or countermeasure equipment, specially designed for
military use, and specially designed components and accessories therefor
ML16 Forgings, castings and other unfinished products, specially
designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19
ML17 Miscellaneous equipment, materials and
"libraries", and specially designed components therefor
ML18 'Production' equipment and components
ML19 Directed Energy Weapon (DEW) systems, related or
countermeasure equipment and test models, and specially designed components
therefor
ML20 Cryogenic and "superconductive" equipment, and
specially designed components and accessories therefor
ML21 Software
ML22 Technology
What firearms are subject to export controls?
Firearms are described by control entries ML1 and ML2 of the EU Common
Military List. Firearms and related goods are controlled even when they are
designed for use in sport rather than for military use. For example, most
shotguns and rifles will be specified by ML1.
When is an export licence required?
A licence is required when military equipment is being exported to third countries, transited,
transshipped or brokered. Intra-community transfers of ammunition by local dealers is also
subject to licensing.
What if I do not
apply for a licence for controlled goods?
The cargo/item
could be intercepted and withheld until it is determined whether it is subject
to licensing. One would also be liable to the penalties listed in article 10 of
the Military Equipment (Export Control) Regulations, SL365.13.
How do I apply for
an authorization?
An application for an export licence must be made electronically
on commerce.gov.mt or servizz.gov.mt. The information required in the
application is to be typed in and submitted online together with all relevant documentation.
Supporting documentation
could be copies of product manuals, end-use certificates (EUCs), waybill or
bill of lading, import or export permits, invoices, certifications and
operating licences, etc. Some documents are compulsory requirements across all
applications, specifically the EUC and import/export permit. It is however
advisable to submit all documents related to the item and transaction involved.
Documents are not required in original during processing, but on issuance of a
licence. Only the EUC is normally requested in original.
All documents must
be in English or Maltese. When this is not the case, a certified translation is
to be provided together with the document.
The guidance notes
provide a more detail explanation on the application process.
When should I
submit my application?
You should
submit the application for export authorization as early as possible, and
preferably before you make any contractual commitment. Processing times tend to
be lengthy in view of the assessments and verifications that need to be carried
out by the licensing authority in consultation with other entities. Export
authorisations are normally valid for eight months.
Is brokering subject to licensing?
Brokering activities involve the transfer of any item listed in the Schedule to the Military Equipment (Export Control) Regulations from any country, including Malta, to any other country. Two licences are needed. Prior to engaging in any brokering activities a natural or legal persons must be in possession of a broker’s licence. Subsequently, each individual transfer must be licensed. An application for a Broker’s licence is done in writing to the Director of Trade Services and Projects, whereas applications for individual transfer of goods is done through the electronic application.
Can companies based or established in other countries submit an application?
EU or third-country companies may equally apply for a licence for export, transit, transhipment or transfer of goods.
The information found in this section
is to be considered as non-binding.
Last Updated 27 June 2022