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Finland. 2010 ‘Arms Brokering Legislation (Defence Materiel).’ National Report of Finland on its Implementation of the International Instrument to Enable States to Identify and Trace in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (International Tracing Instrument) and the UNPoA, p. 16. New York, NY: Permanent Mission of Finland to the United Nations. 1 January

Relevant contents

8.1. Arms brokering legislation (Defence Materiel)

In Finland, brokering controls entered into force on the 1st of December 2002, when provisions on controlling brokering were inserted to the Act on the Export and Transit of Defence Materiel (242/1990, amendments 900/2002). Finnish legislation is in full compliance with the Common Position on arms brokering adopted by Council of the European Union in June 2003. The provisions on arms brokering also implement the provisions of the UN Firearms Protocol and the OSCE Document on Small Arms and Light Weapons as well as the norms set out in the UN Programme of Action on Small Arms and Light Weapons.

According to Finnish legislation brokering means activities where the parties are brought in contact with each other with the purpose to conclude a contract involving export or transfer of defence materiel. Brokering covers buying and selling where the products come into legal possession of the broker as well as activities where the title is transferred directly from seller to buyer.

The concept of defence materiel is basically identical to the coverage of the Wassenaar Munitions' List as well as the EU Common List of Military Equipment, with one exception. Civilian firearms are subject to the provisions of the Firearms Act, which, for the moment, does not include brokering controls.

A broker is a private person or a legal entity negotiating or arranging a contract, which involves the export or transfer of defence materiel from third country to another. Third countries cover EU Member States as well as other foreign countries.

Licensing requirements apply to brokering activities taking place on Finnish territory. When products are transferred through Finnish territory, transactions fall under the scope of export and transit controls.

In addition, an extraterritorial scope of application has been included in legislation. When brokering transactions take place outside Finnish territory, licensing requirements apply whenever the broker is a Finnish national, a Finnish legal entity or a Finnish resident.

ID: Q2046

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