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FAQ


Frequently Asked Questions


About DefenseWise

DefenseWise® offers a comprehensive range of specialized services for the defense, law enforcement, dual-use, and civil weapon sectors. Our services include :

  • legal and strategic consulting;
  • specialized training;
  • support in developing and implementing practical solutions and tools;
  • regulatory and market monitoring.


For more information, feel free to visit our Our services.

There are many ways to contact our experts :

  • by e-mail,
  • by phone,
  • by filling out one of the forms on our website,
  • by scheduling an appointment online (for a video conference or a meeting at our offices in Othée).

For your convenience, all this information is gathered here.

About Export Control

Export control refers to the set of laws and regulations established by governments to regulate the export of sensitive technologies, goods, services, and/or information. Its goal is to protect national security, prevent the proliferation of weapons of mass destruction, and support foreign policy and international obligations. In practice, it is necessary to obtain prior authorization (license) from the relevant authorities to export sensitive technologies, goods, services, or information to a foreign country or entity.

The key texts (as amended from time to time) are as follows :


  • Council Common Position 2008/944 : defines the EU common rules for the export control of military technology and equipment.
  • Directive 2009/43/CE : simplifies the conditions for the transfer of defense-related products within the EU.
  • Regulation 2021/821 : governs the export, brokering, technical assistance, transit, and transfer of dual-use goods.
  • Regulation 258/2012 : establishes export authorizations and measures related to the import and transit of firearms, parts, components, and ammunition.
  • Directive 2021/555 : regulates the control of the acquisition and possession of weapons.
  • Regulation 2019/125 : governs the trade of certain goods that could be used to inflict death penalty, torture, or other cruel, inhuman, or degrading punishments or treatments.
  • Decisions on sanctions and embargoes : imposed to restrict trade with certain countries or entities, based on foreign policy and security priorities.

The key texts (as amended from time to time) are as follows :


  • ITAR (International Traffic in Arms Regulations) : governs the export of defense articles, services, and technical data listed on the USML (United States Munitions List).
  • EAR (Export Administration Regulations) : controls the export of dual-use goods, which have both civil and military applications.
  • Decisions of OFAC (Office of Foreign Assets Control) : enforces economic and trade sanctions against designated countries, individuals, or entities.

Sanctions vary depending on the legislation, but may include :


  • Substantial fines;
  • Export bans or loss of export privileges;
  • Exclusion from public contracts;
  • Criminal prosecution, with penalties potentially reaching very high fines and prison sentences (e.g., up to $1 million and 20 years in prison for ITAR violations).


Additionally, non-compliance can damage the company’s reputation and affect its relationships with authorities and international partners.

Since Brexit, the UK is no longer subject to EU export control regulations and has established its own system. Exports of regulated goods and services between the UK and the EU are now treated as transactions with third countries, requiring export licenses. While cooperation still exists between the UK and the EU, exporters must comply with the distinct regulatory requirements of each jurisdiction.

A "deemed export" occurs when controlled technology, software, or technical data under U.S. regulations is communicated to a foreign national in the U.S. This communication is considered an export to the person's home country and may require an export license under ITAR and EAR regulations. Companies must be aware of the risks when sharing sensitive information with foreign employees or partners, regardless of their location.


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