Bundesportal | Handels- und Vermittlungsgeschäfte im Zusammenhang mit ABC-Waffen oder militärischen Verwendungen in Waffenembargoländern Genehmigung

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The provision of brokerage services, brokerage activities and the conclusion of commercial transactions in connection with certain deliveries of goods that are or may be intended for NBC weapons or for military use in arms embargo countries may only be carried out with prior approval.

The application must be accompanied by meaningful technical documentation on the goods to be delivered, a company profile of the recipient of the goods and a declaration by the recipient on the use of the goods (end-use declaration).

Preconditions

The prerequisite for a license requirement is that the applicant is aware of the above-mentioned connection of the delivery of goods for NBC weapons or for military use in countries with arms embargoes or has been informed of this by the Federal Office of Economics and Export Control (BAFA). A further prerequisite is that the goods to be delivered are certain dual-use goods, i.e. goods that can be used for both civilian and military purposes. These goods are listed in Annex IV of Regulation (EC) No. 428/2009 or in the codes 901-999 of Part I Section C of the Export List. Which countries are arms embargo countries can be found in the Foreign Trade Circular No. 2/2010 of the Federal Ministry of Economics and Technology (BMWi) dated 18.03.2010 (BAnz. p. 11167 dated 31.03.2010).

Advance payment
no

Basis for legal action

Art. 5 Abs. 1 EG-Dual-Use-Verordnung, diverse Embargoverordnungen

§ 21 Außenwirtschaftsverordnung (AWV)

§ 46 Außenwirtschaftsverordnung (AWV)

§ 47 Außenwirtschaftsverordnung (AWV)

Further information can be found in the fact sheet on trading and brokerage transactions published by the Federal Office of Economics and Export Control (BAFA). This is published under the keywords "Arbeitshilfen/Publikationen", "Merkblätter" on the website www.ausfuhrkontrolle.info.

Procedure

If you are aware that your trade and brokerage transaction concerns the delivery of the above-mentioned goods and that these are or may be intended for NBC weapons or for military use in embargoed countries, the trade and brokerage transaction may only be concluded with prior approval.

The conclusion of trading and brokering transactions is not permitted before the license has been granted. Approval must be applied for using the application form. The authorization allows the trading and brokerage transaction to be carried out. Authorization is granted on an order and recipient basis and must therefore be applied for separately for each independent trading and brokerage transaction. Applications can be submitted via the website of the Federal Office of Economics and Export Control (BAFA) (www.ausfuhrkontrolle.info).