Intra-community transfer of defence-related products

An individual transfer licence may be granted for the intra-community transfer of a defence-related product based on a single transaction to a specific recipient. The licence is generally valid for one year.

Required Documents:

For the transfer of firearms and ammunition (ML 1–3):

If the recipient is a company or a government institution:

• Completed and signed application form, including the technical classification of the requested item
• Company register extract of the applicant (not older than one year), provided that registration is required or has been voluntarily carried out
• Trade register extract of the applicant (not older than one year)
• Invoice (Proforma Invoice)
• Valid official decision issued to the applicant by the district administrative authority or regional police directorate pursuant to § 37(2) of the Weapons Act 1996, as amended
• End-Use Certificate (EUC) from the recipient or end-user

If the recipient is a private individual:

• Completed and signed application form, including the technical classification of the requested item
• Company register extract of the applicant (not older than one year), provided that registration is required or has been voluntarily carried out
• Trade register extract of the applicant (not older than one year)
• Invoice (Proforma Invoice)
• Permit issued to the applicant pursuant to § 37(1) of the Weapons Act 1996, as amended
• A clear, legible copy of a valid official photo identification document of the recipient or end-user

For the transfer of other defence-related products (ML 4–22):

• If the recipient is a company or a government institution:
• Completed and signed application form, including the technical classification of the requested item
• Company register extract of the applicant (not older than one year), provided that registration is required or has been voluntarily carried out
• Trade register extract of the applicant (not older than one year)
• Invoice (Proforma Invoice)
• End-Use Certificate (EUC) from the recipient or end-user

A global transfer licence may be applied for by individuals or companies that regularly carry out intra-community transfers of defence-related products to recipients within the EU. This type of licence is valid for a maximum of three years and may cover one or multiple types or categories of items and transactions. The validity period can be extended for additional three-year periods, provided that the licence holder submits an extension application at least three months before expiry.

A global transfer licence can only be applied for if a responsible officer is appointed and an internal compliance system is in place.

All global transfer licence holders must submit an annual report on all transfers carried out under the licence during a calendar year. The deadline for submission is 1 March of the following year.

Required Documents

• Completed and signed application form, including the technical classification of the requested item
• For defence-related products in ML1-3 (firearms and ammunition): A valid official decision issued to the applicant by the district administrative authority or regional police directorate pursuant to § 37(2) of the Weapons Act 1996, as amended
• Technical documentation on the requested item (e.g. data sheets, brochures)

Important: When submitting the application, it is not mandatory to specify the individual recipient.

If the recipients include different types of end-users (e.g. companies and private individuals), a separate global transfer licence must be applied for for each category of recipient.

Annual Reporting Requirement for Global Transfer Licences

The annual report must be submitted separately for each global transfer licence by 1 March of the following year. A report must also be submitted even if no goods were transferred.

The annual report must include the following information:

• Name and address of the licence holder
• Global transfer licence number
• Description of the items, including customs tariff number
• Recipient and known end-user of the items
• Recipient country and any other EU Member States through which the items were transferred
• Quantity and value of the transferred items

A general transfer licence may only be used for the intra-community transfer of defence-related products to EU Member States. General transfer licences do not apply to the export of defence-related products to third countries.

Registered individuals or companies must submit an annual report on all deliveries made under a general transfer licence by 1 March of the following year.

To obtain a general transfer licence, applicants must:

• Appoint a responsible officer
• Demonstrate compliance with an adequate and appropriate internal compliance system (Internal Compliance Measures)
• Register via the Foreign Trade Administration Portal (PAWA) for the use of a general transfer licence (IVER 1-9)
• For defence-related products under ML1-3 (firearms and ammunition): Provide a valid official decision issued by the district administrative authority or regional police directorate pursuant to § 37(2) of the Weapons Act 1996, as amended
• Submit technical documentation on the item (e.g. data sheets, brochures)

Applicants may register for the following general transfer licences (IVER 1-9):

• IVER 1 – If the supplier or recipient is a government authority.
• IVER 2 – If the supplier is the Austrian Armed Forces.
• IVER 3 – If the recipient is a member of the armed forces of another EU Member State.
• IVER 4 – For deliveries to certified companies; applies if the recipient is a certified company in another EU Member State.
• IVER 5 – For components (if only items that are exclusively used as components of other items are transferred). A declaration/certificate from the recipient must be provided before delivery (as a binding statement).
• This general transfer licence applies to recipients who have submitted a valid declaration stating that the transferred components are either integrated into self-produced products or transferred solely for maintenance or repair purposes.
• Recipients who have not provided this declaration must be explicitly informed of the export restrictions.
• IVER 6 – For transfers covered by a permit issued under § 37(1) of the Weapons Act 1996 or an authorisation issued under § 37(2) of the Weapons Act 1996 (§ 8(2) of the First Foreign Trade Ordinance 2011).
• Additional requirement: A valid official decision issued by the district administrative authority pursuant to § 37(2) of the Weapons Act 1996 must be provided at registration.
• IVER 7 – For technology that is returned to the country of dispatch, has been amended with entries, and cannot be used alone or in combination with the re-exported document beyond its original use before amendment (§ 8(2a) of the First Foreign Trade Ordinance 2011).
• IVER 8 – For items under ML6 (§ 8(2b) of the First Foreign Trade Ordinance 2011).
• IVER 9 – For items temporarily transferred to another EU Member State for calibration, surface treatment, testing, or examination, or for items returned to the original sender after such procedures (§ 8(2c) of the First Foreign Trade Ordinance 2011).

Annual Reporting Requirement for General Transfer Licences

A separate annual report must be submitted for each general transfer licence by 1 March of the following year. A report must also be submitted even if no goods were transferred.

The report must include the following information:

• Specification of the general transfer licence, including reference to the Austrian Foreign Trade Act 2011, and the licence number
• Name and address of the individual or company that utilised the general transfer licence
• Description of the items or categories of items covered by the general transfer licence, including customs tariff numbers
• Recipient and known end-users of the items
• Total quantity and value of the transferred items