Military goods

Document symbol
G/LIC/N/3/ALB/13
Original language
English
Published on
22/02/2024

Outline of Systems

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

The import of the military goods and dual use goods and technology is managed by the Albanian State Export Control Authority (AKSHE) under the Minister of Defense. Trade with foreign parties is performed based on licenses and authorizations issued by this authority after consultations if needed with the relevant institutions.

This permission is issued based on Law No. 46/2018 "On state, international transfer control of military goods and dual-use items and technologies".

AKSHE’s work is focused on the state control of exports, imports, transits, transfers and intermediary activities for military goods and dual use goods and technology, to ensure the interests of the Republic of Albania, to supervise its commitment to international treaties of non-proliferation of weapons of mass destruction and their launching systems, the transfer of conventional weapons, as well as the implementation of measures aiming prevention of use of such goods for unlawful purposes.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

The licensing system for military goods and dual use goods and technology function as one, concentrated in the State Export Control Authority mentioned in the previous question.

The products that are covered are listed in the national list according to the Council of Ministers Decision No. 668 on 10 November 2021: "On the approval of the updated lists of military goods and related technologies with dual use, which undergo the import-export state control".

This list is based on European Union published list on military goods and dual-use goods and technology.

Q3. The system applies to goods originating in and coming from which countries?

The system does not discriminate any country.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

The licensing system is not intended to restrict the quantity or values of imports. In the Albanian legislation for the import of military and dual use goods there is no restriction in value or quantity.

The state export – import control policy is built on the following principles:

• Priority of national interest – political, economic and military, the protection of which is necessary for guaranteeing national security.
• Protection of the political, economic and military interest of the country.
• Obligation to observe the international commitments undertaken by the Republic of Albania about the non-proliferation of weapons of mass destruction, their means of delivery, and to ensure state control over international transfer of goods designed for military purposes, and dual-use items, as well as to prevent these goods from being used for terrorist acts and other illegal purposes.
• Conduct of export control over the international transfers of these goods to the extent required to only achieve its purpose.
• Harmonization of state control procedures and regulations, international transfers of these goods with international legal norms and practices.
• Ensuring interaction with international organizations and foreign countries in the state export control area, so as to reinforce international security and stability, including non-proliferation of weapons of mass destruction and the system for their proliferation.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

The Albanian legislation for the import-export military goods and technology of dual use is as follows:

- The Law No. 46/2018, "On state, international transfer control of military goods and dual-use items and technologies";
- The Law No. 74/2014 "On Arms";
- Ministries Council Decision No. 31, dated 22 January 2020 "On organizing, function and status of State Export Control Authority"
- The Council of Ministers Decision No. 668, on 10 November 2021: "On the approval of the updated lists of military goods and related technologies with dual use, which undergo the import-export state control";
- The Council of Ministers' Decision No. 604, on 28 August 2003 "On approval, in principle, of code of conduct of European Union on weapons exports";
- The Council of Ministers' Decision No. 202, 10 April 2019 "On designating fees for issued legal documents"; and
- The Council of Ministers' Decision No. 76, on 30 December 2008 "On designated format, schedules and presentation time of reports".

Any import of military and dual use goods needs to be licensed by the State Export Control Authority.
An import license is always required.
An exception from this is made only in the cases that follow:

(a) the transfer of controlled goods in connection with the activities of Armed Forces, or other state security structures of the Republic of Albania outside of its territory, carried out as part of international agreements ensuring the mechanism of state control over the movement of these goods;
b) the international transfer of controlled goods in connection with the activities of foreign military forces in the territory of the Republic of Albania, carried out in the framework of international agreements ensuring the mechanism of state control over the movement of these goods;
c) the international transfers of anaesthetics (medical anaesthetic gases), sports and hunting arms excluded from the military list, gas transport vessels, and exportation and importation of personal armament of military servicemen, and state law enforcement and internal security bodies, which carry arms in accordance with the law; and
d) the international transfer of controlled goods, which aim at ensuring provision of state military assistance in accordance with the terms contained in international agreements and treaties to which the Republic of Albania is a party, and the movement of goods outside of the country with a view to offering emergency assistance to foreign countries, when this is established by law.

The licensing system in Albania cannot be abolished without legislative approval.

Procedures

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

The licensing procedures and formalities are published on the official website of the State Export Control Authority. www.akshe.gov.al/. In the Albanian legislation there is no restriction in the value, quantity or license quotas.

Also, according to the Albanian legislation there cannot be derogations from the licensing requirement.

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

There are no such as size of quotas. A license can be issued with the validity from 1-3 year with the extend option if there is a contract between the entities involved.

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

There is no restriction in the Albanian legislation related this matter.

An import license is issued only when there is an application for it, which fulfills the requirements of the Albanian legislation. Also, the State Export Control Authority has the authority to do controls before, during, and after issuing the import license. Also, to obtain an import license is needed an end-user statement or certificate which is filled by the importer or any other who is the end user.

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

N/A

Q6.V. What are the minimum and maximum lengths of time for processing applications?

If issuance of licences and authorisations does not call for coordination of work among the other institutions concerned, the time-limit for considering an application shall be determined in accordance with the categories of goods, but shall not exceed the following timescale as of the day of application:

Fifteen days for importation or transhipment of goods, and temporary importation/exportation of goods for exhibitions, fairs, advertising, testing, and other similar purposes, if this does not call for transfer of ownership.

(a) 30 days for import of military goods and for registration to conduct transfers of military goods.
(b) 20 days for the import of dual use items and technologies.
(c) 15 days for transit/transshipment and technical assistance of controlled goods, and temporary importation/exportation of controlled goods for exhibitions, fairs, advertising, testing, and other similar purposes, if these do not call for transfer of ownership.
(d) 15 days for international import certificates, end user certificates, delivery verification certificates.

This time-limit does not include the time required for obtaining additional information from entities involved in international transfers of goods.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

There are no such provisions in the Albanian legislation. After that the import license is granted, the importation can be done at any time during its validity period.

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

A license application is proceeded by the State Export Control Authority.

Trade activities with foreigners take place on the basis of licences and authorisations issued by this Authority, following if required the consulting of opinion of the institutions concerned. The concerned institutions are the Ministry of Defence, Ministry of Foreign Affairs, Intelligence Agencies, and Ministry of Interior.

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

If the demand for licenses cannot be fully satisfied, the license cannot be granted. There are no exceptions.

The new importers that want to deal with international trade of military goods need to be registered by the State Export Control Authority. After they get the Registration Certificate they can demand for an import license. This registration is not required for the trade of dual use goods and technologies.

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

In the Republic of Albania for the import of military goods and dual use goods and technology, always is required an import license even when there is an export license issued by the exporting countries.

Also, in this case the import license is not issued automatically but the application is subject to controls.

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

N/A

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

N/A

Q7.b. Can a licence be granted immediately on request?

N/A

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

N/A

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

N/A

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

The circumstances under which the license can be refused are:

The application for obtaining licences, authorisations or international import certificates will not be taken into consideration if:

The application for obtaining licences, will be rejected by the State Export Control Authority if:

(a) During the assessment, the institutions or other governmental bodies which have powers over international transfer controls did not give their consent.
(b) There are conditions prescribed under Article 12 of this law.
(c) The information provided in the request is intentionally incomplete or incorrect or they are formulated contrary to the requirements prescribed by this Law.
(d) There are other reasons running counter to Albanian legislation in force, or the ratified international agreements.

In the event that the application for obtaining licenses, or certificate is rejected, the State Export Control Authority gives notice to the applicant and the state body responsible within three days from the taking of the relevant decision, laying down the explanations of and reasons behind failure to consider it or its rejection.

The decision made by the State Export Control Authority to revoke licence, authorisation and international import certificate, or to remove from the rolls the name of an entity involved in economic activities with foreign countries for international transfers of goods, may be appealed against to the court of appeal, in accordance with the general rules of appeal. Appeal against decision does not suspend its execution.

Eligibility of Importers to Apply for Licence

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

A person or a firm or institution that wants to deal with the import of military goods has first to be registered by the State Export Control Authority. This provision is not required for the import of dual use goods.

The registration certificate fee for military goods is US$30

All the persons or firms that are registered by the State Export Control Authority are in a list published on the website: www.akshe.gov.al

Documentational and Other Requirements for Application for Licence

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

1. Certificate of registration (only for military goods).
2. Licence application form completed by type, according to the guidelines set forth in this form, signed by the legal representative of the entity (notarized photocopy of the passport).
3. Brief summary of current commercial activity, which reflects the entity's ability to perform activities in the area of transfer of military goods (only private commercial entities).
4. A natural person who seeks to obtain a licence must submit the following documents:

- Document that certifies expertise in the field of international transfers of military goods;
- Identification document (identity card, passport);
- Proof that the judicial process is not (Section Civil and Criminal) issued by the judicial district in which the person resides;
- Certificate of prosecution that is not a criminal proceeding;
- Certificate of execution that no obligations to individuals or legal entities, private or state;
- Document that proves he is not convicted of any offense that constitutes grounds for denial of licence, the illegal activities during the last ten years from the date of the application for licence;
- Certificate of tax authorities and the bank where the money transfer will be performed;
- Taxpayer Personal Identification Number (allowed for import-export);
- Extract the simple and historical taken by the National Registration Centre.
5. Legal person who seeks to obtain a licence must submit the following documents:
- Confirmation that the company is trial (Civil and Criminal Section) issued by the judicial district in which the company is headquartered;
- Certificate of prosecution that is not a criminal proceeding;
- Certificate of execution that no obligations to individuals or legal entities, private or state;
- Proof of payment of taxes by the tax department;
- Certificate from the bank where the money transfer will be performed;
- Statute of the company (notarized copy);
- The act of establishment (notarized copy);
- Decision of the court to establish the company;
- Taxpayer Personal Identification Number;
- Extract the simple and historical taken by the National Registration Centre.
6. International import certificate or end-user.
7. Documents that provide information on the description of goods, conditions of delivery, quantity of goods, the value of goods, state transit transship, destination country and the last user, and country of origin of goods.
8. Notarized copy of the contract or order, certified by the legal representative of the subject.
9. Bill of goods.
10. Documents that provide information on the description of goods, conditions of delivery, place of destination or origin of goods.
11. Documents that provide information on the partner firm address, financial credibility, the bank account.
12. Other valid documents to be considered as such by the State Export Control Authority.
13. Warrant payment of the appropriate fee.

Q11. What documents are required upon actual importation?

The documents required upon importation are the documents mentioned in the previous question.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

The licensing fee for an import license with the validity of one year is US$30.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

There is no other deposit or advance payment except that paid for a licensing fee.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

The validity of the license is from one-three year, according to the type of the license required. The validity of the license can be extended, but not after the term of validity of the economic agreement, which refers to this license.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is not penalty for non-utilization of the licenses.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licenses are not transferable.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

There are no other conditions attached to the issue of the license.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

No, there are no other procedures prior importations.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

All banks provide foreign exchange automatically.