The arms embargo on Israel includes the revocation of ongoing contracts.

MadridWith Pedro Sánchez at the United Nations assembly denouncing the "genocide" in Palestine, the Spanish government approved this Tuesday the royal decree for the total embargo of arms to Israel, two weeks after he announced it. the Spanish presidentThe Minister of Economy and Trade, Carlos Cuerpo, has confirmed that this will affect all defense and security equipment, including dual-use equipment—equipment that can be used in both the military and civilian spheres. Thus, the export and import of weapons to or from the country headed by Benjamin Netanyahu will be prohibited.

A few months ago, the Ministry of Defense considered it difficult to implement a total arms embargo, and the State's executive branch itself called for a distinction between material that is strictly weapons and that which is not. Now, everything is being lumped together, and the revocation of all current purchase and sale contracts with Israeli companies has also been decreed. This issue generated serious crises within the coalition in the State when it was discovered that authorizations were in place despite the Spanish government's public commitment not to trade weapons with Israel as of October 7, 2023. The arms carry an Israeli seal, which includes technology. "The Ministry of Defense's compliance with the disengagement plan was achieved in July. The technologies were identified, alternatives were sought, and now we are in the process of reconversion [...] to guarantee the supply [of materiel] to the Armed Forces," indicate Spanish government sources. Therefore, the ministry has been working with the Spanish defense industry for some time to find alternatives. "It will not entail a large additional cost because dependence on Israel was minimal. We are talking about specific technologies and not the entire weapons system," the same sources indicate.

Regarding the impact on the private sector—Spanish and non-Spanish companies that trade with Israel—Spanish government sources assure that they have "legally protected" themselves against possible claims and are confident that there will be no claims.

Exceptions for matters of "national interest"

The royal decree approved this Tuesday incorporates an additional provision that contemplates exceptions to the arms embargo for reasons of "national interest." The body explained that foreign trade regulations already provide that a ministerial agreement may authorize a specific exception to this prohibition for reasons of general interest, and that is what is established. It is intended, he said, for "exceptional situations that have not been foreseen or may arise throughout the implementation" of the embargo.

Two weeks ago, the increase in humanitarian aid for Palestine announced by Sánchez was legally authorized, with other measures pending, such as the denial of fuel trafficking applications for aircraft bound for Israel. The body specified that the Ministry of Foreign Affairs had already denied licenses for trafficking products, but that to "close the circle," fuel also needed to be regulated, as it requires a special license and is not included in foreign trade regulations.

Quarterly appearance

The government's commitment includes a quarterly appearance by Sánchez in Congress to report on the implementation of these measures. For example, one of the issues to be analyzed is whether loopholes exist and products are diverted that could end up in Israel through other countries as a result of the trade customs union. Government sources admit that they have had to work in recent weeks to draft a royal decree that is both legally rigorous and enforceable. In this regard, they acknowledge that there are "limits," such as with the use of the Rota and Morón bases by the United States, whose operation is governed by a treaty that will not be modified. This means that if a US plane arrives with weapons destined for Israel, it may land at the base and then fly to Netanyahu's country. In contrast, Spanish government sources assure that "the trafficking and transshipment of weapons" is "prohibited" in the state's ports and airports.

As Sánchez previously announced, the decree law also includes a ban on the import of products from illegal settlements. The Ministry of Foreign Affairs will draft a proposal for postal codes, which will then be approved by the president of the Tax Agency to create a complete list that can be sent to customs officials and thus prevent the entry of products. Furthermore, advertising for goods originating in these settlements is also prohibited. The impact of the measure is, above all, "deterrent," according to Spanish government sources, who acknowledge the "complexity" of creating a new origin for customs control. In any case, trade with these occupied areas will be blocked through the anti-smuggling law, which even provides for prison sentences of up to five years.

The royal decree must be ratified in Congress within the next thirty days, so the Spanish government will once again have to convince the groups. Sumar has already warned that it wants to introduce changes: on the one hand, to expand the scope of the embargo, and on the other, to tweak the Council of Ministers' ability to make exceptions. Until it is reformed, say the group led by Yolanda Díaz, they will reject any proposal for an exception to the embargo.

From the opposition, the PP has avoided commenting on the arms embargo decree, pending the release of its details. Its spokesperson in Congress, Ester Muñoz, has defended this caution because she believes it may simply be "posturing to please its partners," she reports. Andrea ZamoranoIn any case, Muñoz stressed that it is a "very complex" issue that should not be "trivialized" because "many of the components used by the [Spanish] armed forces are Israeli." "I ask that the defense and security of the people who are risking their lives not be trifled with," he said at a press conference in the lower house.