The Grand Duke Regulation of 7 August 2023 marks an abrupt and unforeseen change in the previous approach and practice of amending the Grand Duke Regulation of 14 December 2018 implementing the Luxembourg Export Control Act of 27 June 2018.
Rather than setting out in detail the provisions and modalities of the embargo on arms exports, imports and brokering to countries subject to sanctions, the regulation of 7 August 2023 innovates and replaces these provisions in their entirety with a simple reference, without indicating specific articles, to the political decision taken within the Council of the European Union, which is, however, only binding on the Member States.
The risk is a lack of normative scope and legal clarity, given the uncertainty as to the binding effect of the provisions of the new version of Annex 1 as amended by the regulation of 7 August 2023. This uncertainty is also likely to affect the principle of legal certainty and legitimate expectations, especially as the new text does not simplify matters, but rather makes them less transparent and places greater burdens on economic operators in terms of the research they need to carry out to determine the text applicable to their legal situation.
This is all the more true given that the Council decisions now referred to in Annex 1 are imprecise when it comes to determining the scope of the prohibitions and other restrictive measures affecting the arms trade with these sanctions countries.
In this webinar, we will focus on how companies could (should) now behave and act.
Coach: Patrick Goergen
20 September 2023, 14.00-16.00 h (in English)
21 September 2023, 09.15-11.15 h (in French)
Course size: max 50 participants
What else is included: course materials and participation certificate
Price: free of charge