JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

Spain, a country fully committed to the promotion of an International Treaty on Arms Trade, and which has strongly supported the proposal to draft such a Treaty at the United Nations, has decided to bring its legislation into line. on the external trade in defence equipment and dual-use products and technologies. The increasing complexity of international trade in defence equipment and dual-use products and technologies makes it necessary for the public authorities to take decisive action in order to respond effectively to the various aspects of the problems and the various commitments that Spain takes in this field.

From the perspective of national and international security, it is about preventing illicit trafficking and the proliferation of sensitive weapons and technologies in favor of states or non-state actors that can act against it. peace and security or to engage in terrorist activities. On the other hand, the aim is to respond to a significant political and social demand for control of trade in defense equipment and dual-use products and technologies. This is without prejudice to the legitimate demands of the legal trade in arms, an element intimately linked to national defense and to the legitimate activities of maintaining the law and the struggle of governments against crime.

On the other hand, the proliferation and uncontrolled exports of conventional weapons have enormous human costs. An alarming number of people die every day from the use of conventional weapons. Spain has a duty to ensure that its exports are consistent with the commitments in force in accordance with international law and in such a way as to ensure that such exports do not promote the violation of human rights, warn of armed conflicts and do not contribute significantly to poverty. The Spanish Government must also keep in its external action, especially within the European Union, an active position in favour of international regulation of the arms trade.

The arms trade is increasingly globalized, the final assemblies from components produced in other countries, the relocation of final production, the emergence of non-traditional exporting countries subject to Under the supervision of the European Union and the United Nations, there is a need for an effort by the international community to achieve effective control. of the arms trade that is adapted to the new reality and the establishment of norms of law

Therefore, it is appropriate and appropriate to review and strengthen the legal provisions applicable to these matters. The Agreement of the Congress of Deputies, dated December 13, 2005, urges the Government to present within one year a Draft Law on Arms Trade, aimed at ensuring the control of the Spanish transfers of material. military, police and security, as well as dual-use products and technologies to other countries, and to ensure transparency in the official information provided on such transfers.

The Organic Law 12/1995, of December 12, of Smuggling Pressure, defines what is to be understood by defense and dual-use material and provides that the Government will approve the Relations of Defense Material and Double Use, and the Organic Law 3/1992, of 30 April, establishing alleged smuggling in the field of export of defense material and dual-use material indicates the requirements, conditions and procedures to which the authorizations will be subject.

The national legislation that develops the above is the Royal Decree 1782/2004 of July 30, which approves the regulation of control of the foreign trade of defense material, of other material and of products and technologies dual use. The control of exports/shipments of dual-use products and technologies has been regulated in the field of the European Union by Council Regulation (EC) No 1334/2000 of 22 June 2000 establishing a system of Community control of exports of dual-use products and technologies, compulsory in all its elements and directly applicable in each Member State.

II

The obligations arising from the Treaty on the Non-Proliferation of Nuclear Weapons, the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on The Convention of 10 April 1972 on the Prohibition of the Development, Production and Storage of Bacteriological Weapons (Biological Weapons) and Toxinics and on its Destruction requires the establishment of control measures on the transfers of nuclear products, chemical agents, biological agents and toxins and of related equipment and technologies. The provisions of this Law are without prejudice to the provisions of the Convention on prohibitions or restrictions on the use of certain conventional weapons which may be considered to be excessively harmful or of indiscriminate effects, the Convention on the Prohibition of the Use, Storage, Production and Transfer of Anti-Personnel Mines and on its Destruction of 18 September 1997 and Law 33/1998 of 5 October of total prohibition of anti-personnel mines and weapons of effect similar.

On the other hand, United Nations Security Council Resolution 1540, aimed at preventing the proliferation of weapons of mass destruction and, in particular, preventing and countering the acquisition and use by terrorists of these weapons; Resolution 55/255 of the United Nations General Assembly, approving the Protocol against the illicit manufacture and trafficking of firearms, their parts and components and ammunition, which complements the Convention of United Nations Against Transnational Organized Crime; the Programme of Action of Nations United to prevent, combat and eliminate the illicit trafficking of small and light weapons in all its aspects and the instrument on marking and tracing of weapons, as well as the Council Common Position 2003 /468/CFSP of 23 June 2003 on the control of arms brokering, and the control of technical assistance in relation to certain military end uses referred to in the Council Joint Action of 22 June 2000, make it necessary to monitor transfers of materials, related products and technologies in the Spanish territory.

It is also necessary to mention the Community regulation of trade in certain products which may be used to apply the death penalty or to inflict torture or other cruel, inhuman or degrading treatment or punishment, in Council Regulation (EC) No 1236/2005 of 27 June 2005. This legislation has been adequately reflected in the Resolution of 20 July 2006 by the Secretary of State for Tourism and Trade.

Among other international commitments made by Spain, are the derivatives of Spanish participation in a series of international non-proliferation forums such as the Wassenaar Arrangement, the Control Regime Missile Technology, the Nuclear Suppliers Group, the Zangger Committee and the Australia Group. They draw up lists of military equipment and dual-use products and technologies for export control, which include the delivery of weapons of mass destruction, nuclear, chemical and biological products and technologies. as well as those relating to conventional weapons.

The approval of the aforementioned legislative bodies, the international commitments and the said Agreement of the Congress of Deputies of 13 December 2005, in addition to the continuous evolution of the guidelines and the checklists in the various international non-proliferation fora make it necessary to update the national legislation. For this reason, the Law aims to update the regulation of foreign trade transfers of defense material, other material and dual-use products and technologies, completing and developing those of the framework established by the the Community rules.

III

Article 296 of the Treaty establishing the European Community allows Member States to take the measures they deem necessary for the protection of the essential interests of their security and which concern the production or trade in arms, munitions and war material.

The main contributions of this Law are set out in the following paragraphs.

Spanish legislation in this area is made up of a law with a range of law, so an instrument is available that will make the controls more effective.

The Law sets out the eight criteria of the European Union Code of Conduct on arms exports, including the second criterion on respect for human rights, as well as those adopted by the OSCE in the Document on Small and Light Weapons of 24 November 2000.

This is a significant step forward in a number of international initiatives related to arms trade and proliferation, in particular the strengthening of the European Union's Code of Conduct on Arms arms exports, of 8 June 1998, and the negotiation and elaboration of an International Treaty on Arms Trade. These initiatives have had the decisive support of Spain and the European Union, including Spain as co-sponsor of the International Treaty at the 61st United Nations General Assembly. Therefore, it is necessary that the law allows sufficient agility so that the measures of development of the law can evolve in accordance with these international commitments. To this end, the Law provides the instruments for appropriate coordination with the European institutions and international fora, the harmonisation of legal systems and the exchange of information, as well as international cooperation and the technical assistance to third countries.

For the first time, the Government's commitment to present to Parliament full and detailed information on exports of these products is included in a standard, with a semi-annual reference to the statistics. and an annual appearance before the Congress of Deputies. Among other data, the Government shall provide annual information to Parliament concerning the final use of the exported product and the nature of the end-user.

As regards import/introduction, control of the chemical substances of Lists 1, 2 and 3 of the Convention of 13 January 1993 on the Prohibition of Development, Production, Storage and Employment is maintained. of Chemical Weapons and on their Destruction, as well as collaboration with other countries, which include issuing certificates in compliance with international commitments.

On the other hand, and in order to comply with the aforementioned United Nations Resolution 55/255, control is extended to all firearms, their parts, their components and ammunition, without prejudice to the provisions of the Royal Decree 137/1993 of 29 January, approving the Arms Regulations and Royal Decree 230/1998 of 16 February, approving the Explosives Regulation.

It should be remembered that in terms of the punitive and sanctioning system, in addition to what is established by the current Penal Code, Organic Law 10/1995, of 23 November, regarding the trafficking of arms, the Organic Law applies 12/1995, of December 12, of Smuggling Pressure, which contemplates as a crime or administrative infringement the export without authorization, or having obtained it fraudulently, of defense material or dual use.

The Inter-Ministerial Board of the Foreign Trade in Defense and Double Use Trade (JIMDDU), created by Royal Decree 824/1993 of 28 May and the Special Register of Foreign Trade Operators of the United States, are maintained. Defense and Double Use Material, created by Royal Decree 1782/2004, dated July 30. The Law has been favourably informed by the JIMDDU at its meeting on 2 March 2006.

Likewise, an additional provision amending Article 29 (4) of Law 17/2001 of 17 December, of Marks, the present text of which has been considered by the Commission, is incorporated into this Law and for reasons of urgency. Commission of the European Communities in a reasoned opinion number 2002/4972, received on 25 July 2006 by the Permanent Representation of Spain to the European Union, and subsequently reiterated, incompatible with Article 49 of the Treaty of The European Community, by understanding that it makes the effective exercise of the rights conferred by the registered trademarks in Spain with the obligation to direct or to choose their home in Spanish territory by the holders of the same.

This Law is issued under the jurisdiction of the State in matters of foreign trade and defense (Article 149.1.10. and 4. of the Spanish Constitution) and in matters of industrial property in respect of the amendment of the Law on Marks (Article 149.1.9. of the Spanish Constitution).

This Law consists of seventeen articles distributed in three chapters. Chapter I contains three articles concerning the general provisions, Chapter II contains the system of authorizations along three sections and eleven articles, and Chapter III contains the control and transparency measures. developed in three articles.

CHAPTER I

General provisions

Article 1. Purpose and purpose of the Act.

1. The purpose of this Law is to contribute to better regulation of foreign trade in defense material, other material and dual-use products and technologies, to prevent its diversion to the illicit market, and to combat its proliferation, to the the time taken to comply with the international commitments made by Spain in this respect and guarantee the general interests of the national defense and the foreign policy of the State.

2. For these purposes, it regulates the procedure for the control of transfers of defence equipment, other materials and dual-use products and technologies, including those carried out in free zones and warehouses and the link to the deposit scheme. customs, as well as brokerage, licensed production agreements and technical assistance.

Article 2. Required subjects.

The provisions of this Law apply to any natural or legal person who, in the usual or occasional way, performs in Spanish territory the activities described therein, in relation to transfers of the materials, products or technologies subject to control.

Article 3. Definitions.

For the purposes of this Law, the definitions included in the aforementioned Organic Law 12/1995 of 12 December, of Smuggling Pressure, Regulation (EC) No 1334/2000 of the Council of 22 June 2000, for which the establishing a Community regime for the control of exports of dual-use products and technologies, the Council Common Position 2003 /468/CFSP of 23 June 2003 on the control of arms brokering and the Council Joint Action of 22 of June 2000 on the control of technical assistance in relation to certain end uses military, or provisions to replace them. On the other hand, international commitments made by Spain require the control of the so-called other material, namely certain firearms referred to in the Resolution adopted by the United Nations General Assembly 55/255, the Protocol against the illicit manufacture and trafficking of firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organized Crime, or those applicable to them conditions laid down in Article 8. These definitions are reproduced below.

1. 'exempt areas' means free zones and warehouses and customs warehouses as defined in Articles 166 and 98 (2) of Regulation (EEC) No 2913/92 of the Council of 12 October 1992 establishing the Community Customs Code.

2. 'Technical assistance' means any technical support related to the repair, development, manufacture, assembly, testing, maintenance or any other technical service; technical assistance may take the form of instruction, training, transmission of practical knowledge or consultation services. "Technical assistance" shall include oral forms of assistance.

3. "Brokerage": activities of persons and entities:

(a) They negotiate or agree on transactions that may involve the transfer of items listed in the EU common list of military equipment from a third country to any other third country; or

(b) To purchase, sell or otherwise arrange for the transfer of such items from a third country to any other third country.

4. 'Export declaration' means the act by which a person manifests, in the form and with the arrangements established, his willingness to include a dual-use product under the customs export procedure.

5. 'exporter' means any natural or legal person on behalf of which the export declaration is made, i.e. the person who, at the time the declaration is accepted, has the contract with the recipient of a third country and the latter the power to decide the issue of the product outside the customs territory of the Community. Where no export contract has been concluded or the person in whose power the contract is not acting on his own behalf, the power to issue the product outside the territory of the Community shall be resolvable.

"Exporter" means the natural or legal person who decides to transmit software ("software") or technology by electronic means, fax or telephone to a destination outside the Community.

When, in accordance with the contract governing the export, the exercise of a right of disposal on dual-use products corresponds to a person established outside the Community, the party shall be deemed to be an exporter to the Contractor established in the Community.

6. 'expedition' means the departure of goods destined for the European Community, whether originating in the European Community or those other than, originating in a third country, having been released for free circulation in the territory of the European Community; community.

7. "Export":

(i) an export regime in accordance with Article 161 of the Community Customs Code,

(ii) a re-export in accordance with Article 182 of that code, and

(iii) transmission of software or technology by electronic means, fax or telephone to a destination outside the Community; this shall apply to the oral transmission of the technology only when a document contains the corresponding part that is read or described by telephone in such a way that, in substance, the same result is achieved.

8. 'import' means the entry of non-Community goods into the territory of Spain within the customs territory of the European Union, as well as the entry of goods, whatever their origin, in the territorial area of Ceuta and Melilla. The entry of goods from the exempted areas is treated as the import.

9. "Introduction" means the entry into the Peninsula, Balearic Islands and Canary Islands of goods originating in the Community or originating in a third country which have previously been released for free circulation in the Community customs territory.

10. 'Defence material' means the armament and all products and technologies specially designed or modified for military use as an instrument of force, information or protection in armed conflicts, as well as those intended for development; (a) production or use of the products and which are included in the regulatory development standards that the Government approves.

11. 'Operator' means any natural or legal person on behalf of whom the transfer declaration is made, i.e. the person who at the time the declaration is accepted, holds the contract with the foreign recipient and is entitled to decide on the transfer of the product. In the event that no transfer contract has been concluded or that the person in whose power the contract is free does not act on his own behalf, the right to transfer the product shall be resolvable. 'Operator' means the natural or legal person who decides to transmit software ('software ') or technology by electronic means, fax or telephone to a destination outside the Community. Where, in accordance with the contract governing the export, the exercise of a right of disposal on dual-use products corresponds to a person established outside the Community, the contracting party shall be deemed to be an exporter. established in the Community.

12. "Other Material" means the police and security material, not included in the Defense Material Relationship, from which the control of the transfers of the same is bound by the international commitments entered into by Spain or to those who the conditions laid down in Article 8 are applicable.

13. 'dual-use products' means products, including software and technology that can be used for both civilian and military uses, including all products that can be used for both non-explosive and non-explosive uses; assist in the manufacture of nuclear weapons or other explosive nuclear devices.

14. 'Transfers' means the 'export', 'issue', 'import', 'introduction' (including exit and entry in exempt areas), 'brokering' and 'technical assistance' operations. Transfers include operations involving donations, disposals, and leasing.

15. "intra-Community transfers" means the "issue" and the "introduction".

16. "Production under licence": the licensed production agreements, licensed manufacturing agreements, co-production agreements, are the processes by which a company of a country authorizes a company from another country to manufacture its products abroad; they tend to include the transfer of components, technology and production techniques.

CHAPTER II

Authorization regime

Section 1.

Article 4. Requirement for authorization.

1. Transfers of defence equipment, other material and dual-use products and technologies as provided for in Article 1 shall be made subject to administrative authorisation.

2. Applications for authorisation shall be accompanied by the control documents, with the necessary inclusion of non-re-export clauses, which shall be determined in accordance with the rules, in such a way as to ensure that the destination and the use of the The final product, products and technologies are subject to the limits of the relevant authorization. Applications for authorisation shall also include information on transit countries and transport methods used. This information will be extended in the brokerage operations to the funding used.

3. For each authorisation, the desirability of establishing mechanisms for verification, monitoring and collaboration between governments should be assessed.

Article 5. Exemption from authorization.

It will not require administrative authorization of transfer for the defense material, for the other material or for the products and technologies of dual use that accompany or will use the Armed Forces or Forces and Security of the Spanish State in the maneuvers or missions carried out abroad on the occasion of humanitarian operations, support for peace or other international commitments, as well as the one accompanying or going to use the armies of others countries in combined or joint maneuvers with the Spanish Armed Forces on national territory, including the temporary assignment, within the above mentioned operations, of the materials, products or technologies mentioned above and the use of the consumable material. In such cases, if the sale or donation of the materials or technologies is decided upon when they are already outside the territory of the exporting/consignor country, the corresponding administrative authorisation of the said materials or technologies must be requested. transfer, the delivery of the materials from or at the place where they are located.

Article 6. Resolution.

It will be up to the Ministry of Industry, Tourism and Commerce to resolve the requests for authorization that this Law regulates, except those for materials, products or technologies introduced in zones and warehouses. (a) free movement of goods, goods or technology to customs warehousing, inward processing, outward processing, temporary importation, processing and temporary transfers intra-Community trade in the same, corresponding to the Ministry of Economy and Hacienda.

Article 7. Deadlines and effects of the resolution.

1. The maximum period for resolving and notifying the express resolution for applications for authorization of this Law shall be six months. After the previous period without the competent body having notified the express resolution, the applicants may understand the relevant requests for a decision.

2. In all that is not provided for by this Law and the regulatory provisions for its development, the procedure for granting authorizations will be governed by the provisions of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure and its regulatory development standards.

Article 8. Refusal of applications for authorisation and suspension and revocation of authorisations.

1. Applications for authorisation shall be refused and the authorisations referred to in Article 4 shall be suspended or revoked in the following cases:

(a) Where there are rational indications that defence material, other material or dual-use products and technologies may be used in actions that disrupt peace, stability or security at a global level or regional, may exacerbate tensions or latent conflicts, may be used in a manner contrary to due respect and the inherent dignity of the human being, for purposes of internal repression or in situations of violation of human rights, have as target countries with evidence of diversion of transferred materials or may breach international commitments entered into by Spain. In order to determine the existence of these rational indications, account shall be taken of reports on transfers of defence material and final destination of such operations which are issued by international bodies involving Spain, the reports of human rights bodies and other UN bodies, the information provided by organisations and research centres of recognised prestige in the field of development, disarmament and human rights, as well as the most up-to-date best practices described in the Code of Conduct User's Guide of the European Union in the field of arms exports.

b) When the general interests of the national defense and the foreign policy of the State are contravened.

c) When they violate the guidelines agreed within the European Union, in particular the criteria of the Code of Conduct of 8 June 1998 on the export of arms and the criteria adopted by the OSCE in the document on Small and Light Weapons of 24 November 2000, and other relevant international provisions of which Spain is a signatory. For the application of the Code of Conduct criteria, the best practices described in the User's Guide will be used.

(d) When the limitations arising from international law are contravened, such as the need to respect the embargoes decreed by the United Nations and the European Union, among others.

2. In any event, the authorisations referred to in paragraph 1 shall be revoked if the conditions to which they were subordinate were not met and which led to the granting of such authorisations or where the applicant has failed to do so.

3. The revocation or suspension of the authorisations shall require the processing of the appropriate administrative file, in which the person concerned shall be heard and which shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Public Administrations and the Common Administrative Procedure and the lower-ranking rules that develop it in this field.

Article 9. Administrative resources.

Resolutions that are issued under this Law may be the subject of an appeal in accordance with Article 114 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative and in its development regulatory standards.

Article 10. Sanctioning regime.

The violations of this Law that are constitutive of crime, lack or administrative infraction shall be governed, where appropriate, by the provisions of both the Penal Code and the special legislation on the repression of contraband.

Article 11. Transits.

1. The General Administration of State may proceed to the immediate retention of the defence material, the other material and the dual-use products and technologies in transit through the territory, or the maritime or air space subject to the Spanish sovereignty, where the assumptions provided for in Article 8 of this Law are given, without prejudice to the controls laid down by special provisions.

2. The Ministry of Foreign Affairs and Cooperation shall periodically communicate to the Inter-Ministerial Board of Foreign Trade of Defense Material and of Double Use the transits of defense material through national territory that has authorized.

Section 2. Special Register of Foreign Trade Operators of Defense Material and Double Use

Article 12. Requirement of registration.

1. It shall be a prerequisite for the granting of any administrative authorization of the transfers referred to in Article 4 of this Law, the registration in the Special Register of Foreign Trade Operators of Defense Material and of Double Use. The entries in the previous Special Register of Exporters will remain valid and will produce their effects in relation to the class of operations indicated, which motivated their access to the Registry. Registration in the Register may only be carried out by those natural or legal persons who are resident in Spain, not admitting, as a special case, the registration of companies domiciled in tax havens. The specific regulation of the Register shall be determined regulatively.

2. Except for the requirement of registration, as referred to in the previous paragraph, to the corresponding administrative organs of the Armed Forces, the Forces and the State Security Corps, the Police Corps that are dependent on the Autonomous Communities and Police Corps that are dependent on Local Corporations. Their operations will, however, be subject to the provisions of this Law on the requirement of authorization and the mandatory report of the Inter-Ministerial Board of Foreign Trade of Defense Material and of Double Use to which the Articles 4 and 14 of this Act.

3. This exemption from registration shall also apply to natural persons when they carry out a transfer of regulated arms not derived from an economic or commercial activity.

Section 3. Interministerial Board of Foreign Trade and Double-Use Material Foreign Trade

Article 13. Composition.

1. The Inter-Ministerial Board of Foreign Trade and Double Use Trade (JIMDDU) is functionally attached to the Ministry of Industry, Tourism and Trade and will be composed of representatives of the Ministries of Industry, Tourism and Trade, Foreign Affairs and Cooperation, Defence, Economy and Finance and the Interior, with a minimum category of Director General.

2. The Board shall adjust its operation to the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and its regulatory standards of development.

Article 14. Functions.

1. It is up to the Inter-Ministerial Board of Foreign Trade in Defense and Double Use to report, in a mandatory and binding manner, the administrative authorizations referred to in Article 4 and the registration in the Special Register of Foreign Trade Operators of Defense Material and Double Use, as well as of the rectification, suspension or revocation thereof. It is also up to him to inform, in a prescriptive manner, about the changes that it seems appropriate to make in the regulation of foreign trade in defense material, other material, and dual-use products and technologies.

2. When issuing the reports referred to in the previous paragraph, the Inter-Ministerial Board of Foreign Trade in Defense Material and Double Use shall take into account the criteria set out in Article 8 of this Law. As regards the reports referring to the Special Register of Foreign Trade Operators of Defense Material and Double Use, it will be necessary to check if there is any document that testifies to the participation in illicit activities of the applicant or operator or if the capacity of the applicant or operator is not guaranteed for effective control of transfers of materials, products or technologies included in the application for registration.

3. Administrative authorisations which do not contravene the provisions of Article 8 of this Law and which are to be determined in accordance with the provisions of this Law may be exempted from prior reporting and submission of control documents. In any event, such exemptions should not result in a reduction in the control exercised over such authorisations, as well as in the requirement of appropriate guarantees. The Government shall inform, through the report referred to in Article 16 (1), of the type of operations exempted and of the criteria used in the application of those exemptions.

CHAPTER III

Control and transparency measures

Article 15. Control measures.

1. The holders of the relevant authorisations shall be subject to the inspection of the bodies of the Ministry of Industry, Tourism and Trade and the State Tax Administration Agency which shall be determined in accordance with the rules. to keep at the disposal of these bodies all documents relating to the respective operations no longer held by the General Administration of the State until a period of four years has elapsed from the date of extinction of the period of validity of the authorisation.

2. For operations of dual-use products and technologies, such holders shall also be subject to the control measures laid down in Chapter VII of Regulation (EC) No 1334/2000 of 22 June 2000 establishing a system of Community control of exports of dual-use products and technologies.

Article 16. Parliamentary information and control.

1. The Government shall send to the Congress of Deputies the relevant information on exports of defence and dual-use material, of the last reference period, indicating at least the value of exports by country. the target and descriptive categories of the products, the technical assistance, the end use of the product, the public or private nature of the end user, as well as the refusals made.

2. The Government, through the Secretary of State for Tourism and Trade, will appear annually before the Defense Commission of the Congress of Deputies to report on the statistics of the last reference period.

3. The Defence Commission shall deliver an opinion on the information received, with recommendations for the following year. The Secretary of State for Tourism and Trade shall report on his annual appearance of the actions arising from that opinion.

Article 17. Other transparency measures.

The fulfilment of the international commitments made by Spain referred to in Article 1 includes the exchange of information, such as transparency measures, resulting from the commitments made by Spain in the the United Nations, the Organization for Security and Cooperation in Europe and the European Union, in addition to the various multilateral fora such as the Nuclear Suppliers Group, the Australia Group, the Wassenaar Arrangement, the Missile Technology Control Regime and the Zangger Committee.

Single transient arrangement. Current regulations are in effect.

As long as the regulatory norms provided for in this Law are dictated, it will continue in force in the way that the Royal Decree 1782/2004 of July 30, for which the regulation of control of trade is approved, will not be opposed. exterior of defense material, other material, and dual-use products and technologies.

Single repeal provision.

All the rules of equal or lower rank are repealed as soon as they object to the provisions of this Law and specifically Law 3/1992, of April 30, for establishing certain alleged contraband in the the export of defence material or dual-use material.

Final disposition first. Regulatory development.

1. The Government, by means of Royal Decree, will dictate the regulatory norms that are necessary for the development of this Law.

2. The Ministers for Industry, Tourism and Trade, Foreign Affairs and Cooperation, Defence, Economic and Financial Affairs and the Interior, within the scope of their respective powers, shall lay down the provisions necessary for their implementation and development.

Final disposition second. Regulatory receipt.

The Government will present, within one year, the update of the Organic Law 12/1995, of December 12, of Smuggling Pressure, to give due respect to the international commitments referred to in the preamble. of this Law.

Final disposition third. Updates.

The Ministry of Industry, Tourism and Trade, prior to the report of the Inter-Ministerial Board of Foreign Trade in Defense Material and Double Use, will update the lists of materials, products and technologies included In the Annexes to the Regulation approved by the Royal Decree which develops this law and in accordance with the changes approved in the respective international regimes (United Nations, European Union, Nuclear Non-Proliferation Treaty, Arms Convention Chemicals, Biological and Toxin Weapons Convention, Wassenaar Arrangement, Regime Missile Technology Control, Nuclear Suppliers Group and Australia Group.

Final disposition fourth. International Treaty on Arms Trade.

The government will maintain in its external action, at the level of the United Nations as well as within the European Union, an active position in favor of the elaboration of an International Treaty on the Trade in Arms legally binding, establishing global standards for the transfer of arms.

Final disposition fifth. Cluster bombs.

The government will promote and support national and international initiatives, both at the United Nations and in the competent multilateral organizations that aim to restrict, and where appropriate, the prohibition of of cluster bombs, especially dangerous for civilian populations.

Final disposition sixth. Amendment of Law 17/2001 of 17 December of Marks.

Article 29.4 of Law 17/2001, of December 17, of Marks, will have the following wording:

" Those who are party to proceedings before the Spanish Patent and Trademark Office in which they act for themselves and are not domiciled or registered in Spain shall, for the purposes of notifications, designate a postal address in Spain or, instead, may indicate that the notifications are addressed to them by e-mail or by any other technical means of communication available to the Office. All this, without prejudice to the provisions of Article 155 (2) of Law 11/1986, of 20 March, of Patents. "

Final disposition seventh. Entry into force.

This Law shall enter into force one month after its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, December 28, 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO