The basic legislation from which the present import-export control
system in Belgium has developed was a law of June 30, 1931, modified
by the law of July 30, 1934, which authorized in broad general terms
the regulation of Belgium's foreign commerce to promote the general
economic well-being of the country. The convention with the Grand
Duchy of Luxembourg on the 23d of May 1935, amending the economic
union convention of 1922, established also a combined Belgo-Luxembourg
Administrative Commission (the Commission Administrative Mixte
Belgo-Luxembourgeoise) and in this way provided a central agency for
coordinating the import and export licensing procedures of Belgium
and Luxembourg. Pursuant to the 1935 convention, when the appropriate
agency of either Government desires to modify or expand regulations
pertaining to import and export controls, the recommendation is
discussed with the appropriate agencies of the other Government; their
agreement having been reached the new policies are communicated to the
Mixed Commission which then transmits identical instructions to the
Belgian Central Office of Licenses and Quotas and the Luxembourg Office
of Licenses. This procedure insures close coordination of the import
and export licensing operations of the two Governments in order that
the general economic welfare of both may best be served.
The control over exports effected by the requirement of export
licenses is reinforced by special controls applied at the time of
the actual export of the licensed merchandise. Submission to these
special controls is required as a previous condition to the obtaining
of certain licenses, these special additional controls being applied
by reason of the special nature of the merchandise to be exported
or to assure the direct delivery of the merchandise to its foreign
destination.
Applicants for export licenses must make a declaration that they
are familiar with the conditions upon which licenses are issued and
the regulations relative to exchange controls, and that they accept
these conditions and regulations without reserve. The applicant also
acknowledges that the licenses are not transferable and that any
irregularity in his application or utilization of the license subjects
him to possible refusals of any new export license applications and may
expose him to prosecution for a criminal offense. Exporters of products
whose final destination is controlled must sign an undertaking that
their exports are not to be reexported. In such cases, the exporter
renounces his right to obtain any subsequent export licenses in all
cases for which nonreexport declarations are required, if the present
undertaking is evaded.
At the present time, licenses are not required for goods passing in
transit through Belgium, with the exception of arms and implements of
war and atomic energy items, as well as petroleum and its subproducts.