Foreign Trade Licensing of Military Equipments, Military Services, Hunting and Sporting Articles 
 

The foreign trade of military equipments is regulated by the Government Decree 160/2011 (VIII.18.) „on licensing the export, import, transfer and transit of military equipments, military services and certification of undertakings” containing legislative prescriptions imposed by the EU. The list of equipments falling under the effect of the Government Decree is contained in the Annex 1: chapters I- XXII are identical to the European Union’s Common Military List, as well further four chapters have been added as follows:

HUML XXIII.           Equipments especially designed for military use

HUML XXIV.           Services especially designed for military use

HUML XXV.            Equipments for coercion and crime surveillance

HUML XXVI.           Secret service devices

The above mentioned Gov. Decree implements the provisions of Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community.

The  trade of military equipments and services is not authorised if that   

(a)        is contrary to Hungary's international obligations,

(b)       is contrary to Hungary’s national economy interests,

(c)        violates national security interests,

(d)       would prevent or undermine the activities of defence, law enforcement bodies and national intelligence agencies laid down in relevant law,

(e)        is contrary to the criteria laid down in Annex 2 of the Government Decree 160/2011 (these are the criteria laid down in the Council Common Position 2008/944/CFSP on defining common rules governing control of exports of military equipment)

The Hungarian Trade Licene Office, Authority on Defence Industry and Export Control shall issue the licences after having obtained the expert opinion of the minister of foreign affairs, the minister of economy, the minister of interior, the minister of defence, the head of the military and civil intelligence agencies and the National Tax and Customs Administration.

The transfer (export to and import from EU Member States), export to and import from third countries outside the Customs Territory of the EU, the re-export, the negotiations for provision and use of military services, the conclusion of the contract, the transit activities can only be carried out after obtaining the respective licences from the Hungarian Trade Licensing  Office.

For further information on the licensing process please see the below points:

• Activity Licences for Foreign Trade
• Negotiation Licences (activity licence must be held)
• Export/Import/Transfer Licences
  • General
  • Global
  • Individual (if required, negotiation licence must be held)
  • Export licence (258/2012/EU Regulation), negotiation licence must be held
• Transit Licences (activity licence must be held)
• Broker Licences (activity licence must be held)

Deadline for evaluation of applications:

• For activity, negotiation and export/import/transfer/broker licences: 90 days
• For transit licences: 15 days

The Government Decree sets forth the use of Council Common Position 2008/944/CFSP on defining common rules governing control of exports of military equipment.

As of 1 August 2006 and in harmony with the European Union’s Council’s 1236/2005/EC Decree on „trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment” the same procedural rules apply as for the equipments listed in Government Decree 160/2011. Please note, that the foreign trade of the equipments listed in 1236/2005/EK Decree is only approved to law enforcement agencies and for prison service institutes.

Attention! The acquisition of the licences based on Government Decree 160/2011 (VIII.18.)  does  not effect the obligation of obtaining further licences and reporting responsibilities required by other legal rules.