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.

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 therefore
– 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

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.

A license is required when military equipment is being exported to third countries, transited, transhipped or brokered. Intra-community transfers of ammunition by local dealers is also subject to licensing.

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.

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.

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.

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.

EU or third-country companies may equally apply for a license for export, transit, transhipment or transfer of goods.