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Portugal

Legal basis

    • Crisis or armed conflict time

PT does not have specific laws or regulations covering military goods regarding SoS in crisis, armed conflict time or urgent reasons.

Nevertheless, outside the sphere of MoD, there are specific regulations and/or procedures covering civil goods (water, energy, food …) in crisis or emergency time.

    • Urgent reasons (i.e. operational reasons)

PT does not have specific laws or regulations covering military goods regarding SoS in crisis, armed conflict time or urgent reasons.

Nevertheless, outside the sphere of MoD, there are specific regulations and/or procedures covering civil goods (water, energy, food …) in crisis or emergency time.

    • Mergers-Acquisitions

PT does not have specific laws or regulations related to Mergers-Acquisitions in defence sector. Those situations are covered by the economic rules applicable for the market.

    • Foreign investments

PT does not have specific laws or regulations related to foreign investments in defence sector. Those situations are covered by the same rules applicable for the market.

However there is a specific law – Law 49/2009 from 5th August, for the legal access to armament’s trade & defence industry and carrying out of the respective activity in accordance to safeguarding national security and defence interests and Portugal’s international compromises.

    • Export licenses

In accordance with Law 37/2011 from 22nd June, that transposes the Directive 2009/43/EC of the European Union and the Council of 6 May, the export licensing system of defence related products (listed in the EU Common Military List) is based on General, Global and Individual Licenses.

Global and Individual Licenses are assessed on a case-by-case basis against the criteria of the Council Common Position 2008/944/CFSP of 8 December 2008.

    • Codes/Regulations involving Defence Industry

None.

    • Other?

None.

Objectives of the national SoS policy

PT doesn’t have a specific national SoS policy nevertheless some main concerns are related to assure a supply of defence goods and services mainly in times of conflict, crisis and emergency.

National bodies involved and areas of responsibilities

The main national authorities involved in SoS issues in Portugal are:

The Ministry of Defence – Defence issues; The Ministry of Internal Affairs – Security issues and some of other Ministries and agencies depending on the respective areas of work, inter alia, Agriculture (food, water, etc); Foreign Affairs (external relations); Economy (energy) and CNPCE (Civil Emergency Planning).

The role of SoS in Procurement procedures (requirements, evaluation etc.)

PT MoD will follow the SoS provisions included in the Defence, Security and Procurement Directive (2009/81/EC of 13 July). In fact this issue is already included in the national transposition Law that soon will enter into force.

Contractual terms on SoS

PT MoD will follow the SoS provisions included in the Defence, Security and Procurement Directive (2009/81/EC of 13 July). In fact this issue is already included in the national transposition Law that soon will enter into force.

National policy on sharing information on stocks/inventories

It’s not a current practice sharing info with other countries related to government or military stocks/inventories. Nevertheless, Portugal already signed agreements (MOUs, MOAs and TAs) with other countries, where the possibility of sharing this type of information is previewed. For instance, at NATO level, such as the SPC “Stockpile Planning Committee” whose main role is to monitor countries equipment and ammunition stocks and inventories.

Existing Bi/Multi-lateral SoS agreements

There are no specific SoS agreements involving other countries at MOD level.

However there are some agreements (MOU, MOA and TA) signed by other state departments, such as the Agriculture Ministry, Foreign Affairs Ministry, Civil Emergency Planning Department and Civil Protection Department involving other countries including SoS terms related to the use of civilian goods in crisis or emergency time.

SoS Experts contact info

Selma Fernandes
General Directorate for National Defence Resources/MoD
Telephone: + 351 21 302 72 79
Fax: + 351 21 302 72 21
E-mail: selma.fernandes@defesa.pt

SoS PoCs/National representatives contact info

Fernando Albuquerque
Head of Industry & Logistics Department/MoD
Telephone: + 351 213 038 566
Mobile/GSM: + 351 912 171 875
Fax: + 351 213 027 221
E-Mail: fernando.albuquerque@defesa.pt

Link to related national websites

www.dgrdn.pt

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Page Last Updated: 30 August 2016

 

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