French Export Controls

The Legal Framework

French export controls are governed primarily by the Code de la défense, which establishes the legal basis for the control of exports, transfers, brokering, and transit of defence-related items and dual-use goods. The framework is supplemented by the Code des douanes (customs enforcement) and EU regulations, particularly Regulation 2021/821 (the EU Dual-Use Regulation) and the Common Foreign and Security Policy (CFSP) restrictive measures. The French system is among the most comprehensive in the EU, reflecting France’s status as a major arms exporter and its permanent membership in multilateral export control regimes.

The Loi de programmation militaire (LPM) sets the strategic framework for defence exports, including the annual authorisation of arms exports by decree. The Direction Générale de l’Armement (DGA), within the Ministry of the Armed Forces, provides technical expertise and assesses the military implications of proposed exports.

DG Trésor Licensing

The Direction Générale du Trésor (DG Trésor), within the Ministry of the Economy and Finance, is the primary licensing authority for export controls in France. The Service des Biens à Double Usage (SBDU) within DG Trésor processes applications for dual-use export licences. The Direction Générale des Douanes et Droits Indirects (DGDDI) enforces export controls at the border.

For defence-related items, the Commission Interministérielle pour l’Exportation de Matériels de Guerre (CIEEMG), an interministerial body, examines applications and makes recommendations. The final decision is taken by the Premier ministre, who may delegate authority to the Minister of the Armed Forces for routine cases. Licences may be individual (specific transaction), global (multiple transactions with the same destination), or general (open authorisation).

Dual-Use Goods

The control of dual-use goods (items, software, and technology that can be used for both civilian and military purposes) is governed by EU Regulation 2021/821, which is directly applicable in France. The SBDU processes licence applications for dual-use items and may impose additional national controls where justified by public security or human rights considerations. France has exercised its right under Article 9 of the Regulation to impose national controls on items not listed in Annex I, including certain surveillance technologies and cyber-surveillance systems.

The Conseil d’État in Decision No. 445845 (2021) reviewed the legality of a dual-use licence denial, affirming that the DG Trésor has broad discretion to refuse licences on grounds of national security, foreign policy, or human rights. The court held that the export of facial recognition technology raised serious concerns about compatibility with French commitments to the protection of fundamental rights.

Arms Trade Regulation

Defence exports are governed by Articles L. 2335-1 to L. 2335-18 and R. 2335-1 to R. 2335-41 of the Code de la défense. The export of defence materials (matériels de guerre) requires prior authorisation, regardless of destination. The CIEEMG evaluates applications against criteria including France’s international commitments (the Arms Trade Treaty, EU Common Position 2008/944/CFSP), the risk of diversion, the human rights situation in the destination country, and regional stability.

The Affaire des ventes de navires Mistral à la Russie (2014-2015) tested the legal framework for suspension of export licences. The French government suspended delivery of two amphibious assault ships after the annexation of Crimea, relying on the force majeure clause in the contract. The Tribunal administratif de Paris in Decision No. 1504874 (2015) upheld the suspension, finding that the government had acted within its discretionary powers to protect national security interests.

Sanctions Enforcement

France implements EU and UN sanctions through the Code monétaire et financier (Arts L. 562-1 to L. 562-18) and the Code de la défense. The Direction Générale du Trésor administers financial sanctions, including asset freezes and restrictions on the provision of funds. The DGDDI enforces trade embargoes, including arms embargoes, import/export restrictions, and prohibitions on the supply of controlled goods.

The Loi Sapin 2 (Law No. 2016-1691 of 9 December 2016) strengthened the sanctions enforcement framework by introducing administrative penalties for non-compliance with financial sanctions and by empowering the Agence Française Anticorruption (AFA) to monitor sanctions compliance programmes. The Autorité des Marchés Financiers (AMF) requires listed companies to disclose their exposure to sanctioned countries.

Embargo Compliance and Due Diligence

French exporters must conduct due diligence to ensure compliance with embargoes and sanctions regimes. The SBDU publishes guidance on dual-use due diligence, including recommendations for screening end-users, conducting red flag analysis, and maintaining compliance records. The Conseil Français des Utilisateurs de Produits Chimiques and other industry associations provide sector-specific guidance.

The Direction Générale de l’Armement (DGA) operates a monitoring system for defence exports, including post-shipment verification and end-use monitoring. The DGA may conduct physical inspections of exported items and requires regular reporting from exporters on the use of exported equipment. French law imposes criminal penalties for violations of export controls, including imprisonment of up to seven years and fines of up to €750,000 for unauthorised export of defence materials (Article L. 2339-1 Code de la défense).

International Regime Participation

France is an active participant in all major multilateral export control regimes, including the Wassenaar Arrangement, the Australia Group, the Missile Technology Control Regime (MTCR), and the Nuclear Suppliers Group. France also participates in the EU’s coordination of dual-use controls and supports the strengthening of the Arms Trade Treaty. French export control policy is shaped by the imperative to balance commercial interests with security and human rights considerations, and the legal framework provides extensive administrative discretion to adapt controls to evolving geopolitical circumstances.