S.L. 653.3 Art. 8ABrokering services.

(1) Any person, whether natural or legal, wishing to offer any brokering service, must submit a written request to the Director for the issue of a licence to act as a broker. All the relevant information requested by the Director shall be provided in the written request.

(2) No person shall offer any brokering services unless he is in possession of a licence issued by the Director to act as a broker.

(3) The Director may consult with the Police authorities, the Ministry of Foreign Affairs and the relative export control authorities located in other Member States, before making a final decision on whether to issue or deny a licence to act as a broker.

(4) The request mentioned in subregulation (1) shall include the following:

(a) the name, address, identity card number or company registration number, e-mail address, telephone number and any other relevant contact details of the person making the request;

(b) the item(s) or service(s) which the person making the request wants to provide brokering services for;

(c) the reference code found in the dual-use list of the Council Regulation for the item(s) or service(s) indicated by the person making the request;

(d) the end-use of the item(s) or service(s) subject to brokering services;

(e) the end-use destination of the item(s) or service(s) subject to brokering services;

(f) the relative Chemical Abstract Services (CAS) number, if applicable;

(g) a recent Police Conduct Certificate; and

(h) the date of the submission of a written request and the signature of the person making the request.

(5) A brokering licence issued under these regulations shall be limited to specific brokering services and to specific end-use destinations which will be determined by the Director on a case by case basis. These shall be indicated on the brokering licence itself.

(6) A brokering licence granted by the Director in pursuance of these regulations may be:

(a) limited to a specific date;

(b) subject to conditions;

(c) annulled, suspended, modified or revoked by the Director.

(7) The Director shall process requests for the issue of a licence to act as a broker within sixty working days from the date of receipt of the written request:

Provided that if there is insufficient information or if additional information is requested by the Director, the Director shall request the person making the request to submit such information within a stipulated time-period. If the requested information is not provided within the time-period stipulated, the request shall be deemed invalid and shall be cancelled: Provided further that the period of sixty working days may, on reasonable grounds to be indicated by the Director, be extended for a further period of thirty working days.

(8) When the Director refuses to issue a licence to act as a broker he shall indicate the reason(s) for such refusal.

(9) A broker who is duly licensed by the competent authority of another Member State shall be deemed to be licensed under these regulations: Provided that such broker provides the Director with a duly certified original document attesting such licence.