Export of defense material to foreign governments

Abstract

The Law 12/2012 and the Royal decree 33/2014 are intended to promote export of defence materiel by introducing in the Spanish legal system a contractual mechanism founded under two legal relationships. The first legal relationship is stablished between the Spanish Government and a foreign government pursuant to which the foreign government requests to the Spanish Government to take the appropriate steps to ensure that certain defence materiel and technology is transmitted by a company based in Spain; The second one, is established in accordance with the content of the order requested by the foreign government to the Spanish government. The Ministry of Defence shall conclude a contract, in the internal legal system, with a Spanish company which provides this materiel to the foreign government.

This paper objective is analysing the singularities and characteristics of both legal relationships