S.L. 117.32 Art. 25Committee on Transfers of Defence-Related Products.

(1) The Minister responsible for trade with the concurrence of the Minister responsible for defence shall appoint a Committee on

Transfers of Defence-related products.

(2) The Committee shall consist of:

(a) a Chairman appointed by the Minister responsible for trade with the concurrence of the Minister responsible for defence;

(b) an officer serving in the Office of the Attorney General nominated by the Minister responsible for Justice;

(c) an officer serving in the Police Department nominated by the Minister responsible for home affairs;

(d) an officer serving in the Defence Matters Directorate Office nominated by the Minister responsible for defence;

(e) an officer serving in the Customs Department nominated by the Minister responsible for customs;

(f) an officer serving in the Commerce Department nominated by the Minister responsible for trade;

(g) an officer serving in the Technical Regulations Division of the Malta Competition and Consumers Affairs Authority nominated by the Minister responsible for standardisation; and

(h) an officer serving in the Armed Forces of Malta nominated by the Minister responsible for the Armed Forces of Malta: Provided that the Minister responsible for trade with the concurrence of the Minister responsible for defence may appoint any other public officer to serve on this Committee as he may deem fit: Provided further that the number of the other public officers so appointed shall not exceed three in number.

(3) The members of the Committee shall hold office for such term as may be stated in their appointment or until such time as the Minister responsible for trade with the concurrence of the Minister responsible for defence shall appoint another person to replace them.

(4) The Minister responsible for trade with the concurrence of the Minister responsible for defence shall designate an officer not below the rank of a Principal serving in a department falling under his Ministry to act a secretary to his Committee.

(5) The Committee shall have the following functions:

(a) to determine the type of transfer licence to be utilised for defence-related products or categories of defence-related products;

(b) to issue transfer licences;

(c) to stipulate the terms and conditions of transfer licences and the obligations of those suppliers using transfer licences including any limitations on the export of defence-related products to legal or natural persons in third countries, having regard, inter alia, to the risk for the preservation of human rights, peace, security and stability created by the transfer;

(d) to request end-use assurances, including end-user certificates, whilst complying with Community law;

(e) to determine exemptions from the obligation of having prior authorization through transfer licence;

(f) to oblige suppliers of defence-related products to inform recipients of the terms and conditions of the transfer licence;

(g) to withdraw, suspend or limit the use of transfer licences as may be necessary;

(h) to determine reporting requirements of suppliers and to ensure that suppliers maintain commercial records on transfers as required and for the time period established in the regulations;

(i) to issue certification of recipients of defence-related products, which actually manufacture defence-related products or partly completed defence-related products secured under transfer licences from other Member States;

(j) to monitor adherence of recipients with the criteria established in these regulations;

(k) to assign inspectors to carry out monitoring;

(l) to publish the lists of certified recipients;

(m) to communicate with the European Institutions and other Member States on the subject of transfer of defence-related products;

(n) to receive notification from recipients of the request of an export licence for exports which had export limitations attached to them; and

(o) to carry out any other functions emanating from this or other regulations.