LGT FR 101. Unofficial Courtesy Translation

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Merilyn Thomas
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1 LGT FR 101 ** Unofficial Courtesy Translation ** This translation is for informational purposes only. Only the French text has legal value. Any question regarding the understanding of the general transfer licence LGT FR 101 must be addressed to the following authority: DGA/DI/SDGPC 5bis, avenue de la Porte de Sèvres Paris 1. This general licence, thereafter named LGT FR 101, allows transfer of defence related products listed in appendix A list towards European Union member states armed forces as well as defence related contracting authorities, as defined in Directive 2004/18/EC, for use by these armed forces. This general licence does not allow transfer towards free zones and free warehouses defined by Council regulation dated October 12, If the recipient is a defence related contracting authority, the supplier must request from the recipient a written statement establishing its quality. This written statement must be kept and stored as requested by article 42 of decree dated November 9, Use of LGT FR 101 general licence is without prejudice of laws and regulations regarding security classification. 3. The supplier must declare to DGA his intent of using the general licence before any use of the said licence, in writing or by electronic media, following the template in appendix B. The supplier s manufacturing, trading and intermediation licence or,,when such licence is not required, an extract of company register dated less than three months, has to be provided simultaneously. DGA may request from the supplier any relevant document in order to instruct the first use intent declaration. DGA may also invite the supplier to an interview. 4. Transfers of defence related products which could violate French international commitments are excluded from this general licence, including : Treaty on the non- proliferation of nuclear weapons dated July 1, 1968; Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction dated January 13, 1993; Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction, dated April 10, 1972; Convention on the prohibition of the use, stockpiling, production and transfer of anti- personnel mines and their destruction dated September 18, 1997; Convention on cluster munitions dated December 3, 2008 if products are destined to EU member states which did not sign it. Products targeted by missile technology control regime (MTCR) as follows :

2 a. Products from MTCR category I mentioned in the defence related products list; b. Products from MTCR category II mentioned in the defence related products list, except those which are authorised in appendix A. Furthermore, source codes and parametric technical databases linked to defence related products are excluded from this general licence. 5. LGT FR 101 general licence defines in its appendix A, for certain defence related products, technical provisos, end- user certificates or integration certificates. The supplier must inform the recipient about these obligations. It is the recipient responsibility to respect them. End- user certificates and integration certificates of defence related products must be signed as requested by appendix A on CERFA form n 10919* Except in the case of a transfer of information via electronic means, the supplier must mention on commercial and transport documents its EORI number, followed by the reference of the present LGT FR 101 general licence as well as the recipient s member state. Commercial and transport documents mentioned hereabove are sales contract, order confirmation, invoice or delivery documents. 7. The present order will be published in the Official Journal of the French Republic and will enter into force on the June 30, 2012.

3 Appendix A List of defence related products eligible to LGT FR 101 general transfer licence to European Union member states armed forces as well as defence related contracting authorities Defence related products are identified by ML categories as defined in the common military list of the European Union. The second column of the following table establishes the list of authorised defence related products for a defined category. The third column identifies defence related products requiring integration certificates. Paragraphs 1 to 6, 8 and 9b of form CERFA n 10919*02 must be completed. The fourth column identifies defence related products requiring end- user certificates. Paragraphs 1 to 6, 8 and 9a of form CERFA n 10919*02 must be completed. The following chart defines technical provisos, which means obligations related to technical characteristics of defence related products that must be respected by the supplier before actual delivery of products. Intervention technical level is the completion level of maintenance tasks as defined within a global maintenance process. This process takes into account in particular objectives of operational availability and includes constraints such as products complexity, staff qualification, costs, deadlines, means, infrastructures. There are three intervention technical levels: Intervention Technical Level 1 (ITL 1) is characterised by elementary maintenance tasks and does not require significant means. These maintenance tasks are usually very short timed and mostly consist in replacing a defective sub- assembly by another one. ITL 1 maintenance tasks are usually realised by users of complete products. Intervention Technical Level (ITL 2) synthesises maintenance tasks requiring removable or stationary infrastructures. These maintenance tasks are significant and require appropriate maintenance means such as test beds, specific tools, staff, documentation and spare parts. Intervention Technical Level (ITL 3) contains maintenance tasks requiring industrial means. Intervention depth might be at the lowest product level and include reconstruction and reconditioning. These maintenance tasks might be subject to scheduled planning.

4 ML3. Ammunition and fuse setting devices, as follows, and specially designed components ML4. Bombs, torpedoes, rockets, missiles, other explosives devices and charges and related equipment and accessories, as follow, and specially designed components ML5. Fire control, and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories Cluster munitions (as defined by Convention on cluster munitions dated 3 rd of December, 2008); Smart munitions. a. Precision- guided bombs, torpedoes, rockets, missiles and modified components therefor; b. Products specially designed for launching, laying, decoying, jamming or disrupting of products abovementioned in subparagraph a. b. Airborne radars ( and modified components therefor) and very long range radars allowing surveillance, detection, or pursuit of ballistic missiles or space surveillance ( and modified components therefor); c. Countermeasure products for products listed in subparagraphs a. and b. EUC for complete ammunition (not for components). EUC for all products. EUC for complete radar systems as well as complete designation and reconnaissance systems. ML6. Ground vehicles and components, as follows. Note: All products must be delivered without integrated technical database and without encryption component. Complete ground vehicles as defined at subparagraph a.; Equipment and components excluded from other categories in the present general licence.

5 ML7. Chemical or biological toxic agents, riot control agents, radioactive materials, related equipment, components and materials, as follows. ML8. Energetic materials, and related substances, as follows. Only the following products : f. Protective and decontamination equipment, specially military use, components and chemical mixtures; g. Equipment specially military use designed or modified for the detection or identification of materials specified by ML7.a, ML7.b or ML7.d, and specially designed components All substance combining the following characteristics : Detonation velocity greater than or equal to 8.000m/s; Density greater than or equal to 1.80g/cm 3. IC for collective protections. IC for all products. EUC for individual protections and filter cartridges. CBN filters and filter cartridges cannot mention any information about French forces equipment and their performance. French parameters and symbology transfers are not allowed. Explosives, as follow, and mixtures thereof : 15. HNS (CAS ); 21. RDX and derivatives, as follows : a. RDX (CAS ); b. Keto- RDX (CAS ); TATB (CAS ). Any substance likely to be used, directly or indirectly, to manufacture cluster munitions (as defined by Convention on cluster munitions dated 3 rd of December, 2008), except for European Union member states having signed this convention.

6 ML9. Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels, as follows. ML10. Aircraft, lighter- than- air vehicles, Unmanned Aerial Vehicles, aero- engines and aircraft equipment, related equipment, and components, as follows, modified for military use. ML11. Electronic equipment, not specified elsewhere on the EU Common Military List, as follows, and specially designed components ML13. Armoured or protective equipment, constructions and components, as follows. Complete vessels as defined at subparagraph a.; Products defined at subparagraph a.2.d; Air Independent Propulsion systems specially designed for submarines; Underwater detection devices, specially designed for military use, controls therefor and components therefor specially designed for military use; Equipment and components excluded from other categories in the present general licence. Complete aircraft, lighter- than- air vehicles, Unmanned Aerial Vehicles, as defined at subparagraph a., b. and c.; Equipment and components excluded from other categories in the present general licence. Only the following products : a.g. Guidance and navigation equipment, except equipment specially missiles, space rockets or Unmanned Aerial Vehicles. a.h. Digital troposcatter- radio communications transmission equipment; a.j. Automated command and control systems. All products of category. IC for complete combat aircraft and combat helicopter aero- engines. EUC for helmet- mounted sight. EUC for guidance and navigation equipment. Helmet- mounted sights cannot mention any information about French forces equipment and their performance French parameters and symbology transfers are not allowed. No maintenance on gyroscopic components and no LTI 3 maintenance allowed on inertial navigation units. Inertial navigation units must be complete.

7 ML14. Specialised equipment for military training or for simulating military scenarios, simulators specially designed for training in the use of any firearm or weapon specified by ML1 or ML2, and specially designed components and accessories ML15. Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories Anti- submarine warfare trainers; Missile launch trainers; Trainers allowing any military training in a CBRN environment. a. Recorders and image processing equipment; b. High- speed video cameras; f. Countermeasure or counter- countermeasure equipment, for the equipment specified by ML15.a. to ML15.e. EUC for complete portative equipment as well as infrared image converter tube and 3 rd generation image intensifier tube. French parameters and symbology transfers are not allowed. Night- vision equipment requires individual marking that cannot be removed or rendered inoperative. Recipient has to provide the supplier with a receipt for all night- vision equipment. 16. Forging, castings and others unfinished products, specially designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19. missile technology products; CBRN technology products. No LTI 3 maintenance allowed on sensitive detecting subsystems.

8 17. Miscellaneous equipment, materials and libraries, as follows, and specially designed components Only the following products : a. Self- containing diving and underwater swimming apparatus; b. Construction equipment specially designed for military use; d. Field engineer equipment specially designed for use in a combat zone; e. Robots, robot controllers and robot end- effectors; j. Mobile repair shops modified for military use; k. Field generators specially military use; l. Containers specially military use; m. Ferries, other than those specified elsewhere in the EU common military list, modified for military use; o. Laser protection equipment specially designed for military use. EUC for complete products of a., d. and e. categories.

9 CATEGORY 21. Software, as follows. Only the following products : a. Software specially designed for the use of equipment, materials or software authorised from other categories in the present general licence. b.1. Software specially designed for military use and specially designed for modelling, simulating or evaluating military weapon systems; b.2. Software specially designed for military use and specially designed for modelling or simulating military operational scenarios; b.4. Software specially designed for military use and specially designed for command, communications, control and intelligence (C 3 I) or command, communications, control, computer and intelligence (C 4 I) applications. 22. Technology, as follows. Only technology required for the use of equipment, materials or software authorised from other categories in the present general licence, in particular technology (i.e. test reports, etc.) allowing to evaluate product characteristics with respect to its specifications or standards. EUC for a. category software according to associated product. EUC for software of b.1., b.2. and b.4. categories. EUC for technology according to associated product.

ML 4 ML 3 ML 5 ML 2 PL 5001 ML 21 ML 15 ML 22 1C 950 1C 350 1C 111 1C 450 S1 P1

ML 4 ML 3 ML 5 ML 2 PL 5001 ML 21 ML 15 ML 22 1C 950 1C 350 1C 111 1C 450 S1 P1 UNITED ARAB EMIRATES ML ML ML ML ML ML ML ML 9 ML ML ML ML ML ML PL PL PL PL PL PL B C C C C 9 A 99 A E A A A S P aiming devices (T); air rifles/pistols; airborne systems (T); aircraft ground equipment;