For German und european companies, the European Union directives and national laws are binding, so both EU law and German law must be complied with. The responsible authority in Germany is the Federal Office of Economics and Export Control (BAFA). For exports to the US from Germany (re-exports), US export regulations must be observed in addition to German and European export regulations.
Here is an excerpt from the most important export control regulations:
- AWG (German Foreign Trade Act)
- AWV (German Foreign Trade Ordinance)
- KWKG (German War Weapons Control Act)
- European regulations
- Dual-Use Directive / EC Regulation No. 428/2009
- Anti-torture regulation/ EC Regulation No. 1236/2005
- Firearms Ordinance/ EC Regulation No. 258/2012
- Country-Specific Embargo Regulations
- International requirements through export control regimes
- Wassenaar Agreement (WA)
- Missile Technology Control Regime (MTCR)
- Nuclear Suppliers Group (NSG)
- Australia Group (AG)
- National regulations of other countries
- USA: Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR)
- Switzerland: Güterkontrollgesetz (Goods Control Act)
- Great Britain: Export Control Act 2002
Export controls consist primarily of checks, and there are several elements that must be checked precisely. These include the goods to be exported, their final destination, how they will be used by the final recipient, the identity of the final recipient and more. Other questions to consider include:
- Are there permit obligations for the goods scheduled to be supplied?
- Are the goods to be delivered to a country that is under embargo?
- Is there information that may suggest a potentially critical final use?
- Can any of the transaction participants be found on a sanctions list (“terrorist list”)?
- Violations are subject to strict punishment. Unauthorised exports can be fined by up to 500,000 euros with incarceration of up to fifteen years
- Companies that fail to comply with US re-export laws can be excluded from trading with US products