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David Javier Santos Sánchez estratégicas para la Defensa Nacional pero que admite posibilidades de mejora en cuanto a su regulación. Europea, apoyo a la internacionalización. 148 Palabras Clave: Contrato Gobierno a Gobierno, FMS, mandato, capa-cidades industriales estratégicas, industria de defensa española, Comisión Revista Española de Derecho Militar. Núms. 109 y 110, enero-diciembre 2018 Abstract Since the approval of Royal Decree-Law 19/2012, of 25 May, on ur-gent measures to liberalise trade and certain services, which introduced in our legal system the figure of the Government to Government contract, no contract of this type has been signed. The purpose of this paper is to analy-se the causes and regulation of the government-to-government contract as well as its relationship with the regulations of other surrounding countries to assess whether it is an effective regulation, so that the lack of subscrip-tion of this type of contract responds exclusively to the complexity that characterises transactions related to defence material (for political, econo-mic or technological reasons) or whether this regulation can be improved in order to facilitate the subscription of this type of contract. In order to carry out this work, the models offered by comparative law have been studied, especially the North American FMS model, the legal nature of the government-to-government contract and its framing within the Community regulations and the main aspects of its legal system, in order to conclude that it is a necessary regulation to guarantee the mainte-nance of strategic industrial capabilities for the National Defence but that it admits possibilities of improvement as regards its regulation. Keywords: Contract Government to Government, FMS, mandate, strategic industrial capabilities, Spanish defence industry, European Commission, internationalisation support.


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