Export Control

The Federal Office for Economic Affairs and Export Control (BAFA) as a central licensing authority is responsible for the administrative implementation of the Federal Government's export control policy. Together with the monitoring and investigating authorities, especially the different customs offices, it is involved in a complex export control system.

Container Terminal – Hamburg Source: © Fotolia.com/M. Johannsen

As the centrally responsible administrative and licensing authority, the Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Ausfuhrkontrolle – BAFA) incorporates Germany's security concerns and foreign policy interests in the field of foreign trade law in the framework of the political guidelines of the Federal Government. The main task of the Federal Office is to examine whether the export of a good or related actions in foreign trade, such as services and transits, are subject to licensing and whether they can be licensed. Licensing requirements may arise in particular from the Foreign Trade and Payments Act (AWG) and the Foreign Trade and Payments Ordinance (AWV), Regulation (EU) 2021/821 (EU Dual-Use Regulation), Regulation (EU) No. 258/2012 (Firearms Regulation), Regulation (EU) 2019/125 (Anti-Torture Regulation) and various embargo regulations.

BAFA's task in the area of export control is not limited to processing applications. Effective export control requires close coordination within the European Union and at the international level to achieve the goals of export control – in particular, preventing the proliferation of weapons of mass destruction and the destabilizing accumulation of conventional military equipment in crisis regions. BAFA is directly involved in this international coordination and participates in meetings of the relevant European Union working groups and meetings of international export control regimes.

Objectives of Export Control

Within the framework of legal and international obligations, export control law is geared to the foreign and security policy interests of the Federal Republic of Germany. In particular, internal security and international peace must not be impaired by the proliferation of weapons of mass destruction or the illegal trade in conventional military equipment. Furthermore, German exports in crisis regions should neither reinforce conflicts nor contribute to internal repression or other significant human rights violations.

International involvement also obliges the Federal Republic of Germany to implement resolutions of the United Nations Security Council, decisions of the Council of the European Union on economic sanctions measures in the area of foreign and security policy, decisions of the international export control regimes and all other binding international decisions and obligations.

International Export Control Bodies

There are four international export control bodies:

  • MTCR (Missile Technology Control Regime) – for items relevant for missile systems
  • Australia Group – for dual-use items relevant for chemical and biological weapons
  • NSG (Nuclear Suppliers Group) for items in the nuclear area
  • Wassenaar Arrangement – for armaments and dual-use items related to the area of conventional armaments

The export of dual-use items from the European Union has been harmonised to a large extent. It is subject to European law.

Federal Office for Economic Affairs and Export Control regularly sends its experts to the meetings of the control bodies and the European union work groups.

Embargoes

Embargoes are international economic sanctions. They are imposed for foreign or security policy reasons and restrict freedom of foreign trade vis-à-vis certain countries.

Often, a UN Security Council resolution initiates an embargo. The implementation of these UN resolutions takes the form of EU positions for EU member states as an instrument of the Common Foreign and Security Policy (CFSP). However, within the framework of the CFSP, the Council of the European Union can also impose its own embargo measures independently of a UN resolution. Council decisions under the CFSP are binding on member states. In order for the provisions of CFSP decisions to become directly applicable EU law, they require further concretization and implementation through directly applicable EU regulations or through national legal acts.

The BAFA administratively implements embargoes insofar as they concern goods, technical assistance and economic resources. The Deutsche Bundesbank – Financial Sanctions Service Center is responsible for administrative implementation concerning funds, financial resources and financial assistance.

Information on this Subject

Publications

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Contact

  • Export ControlFederal Office for Economic Affairs and Export Control Directorate General 2 – Export (Procedures), Licences, International Regimes (Procedures), Outreach-Projects Frankfurter Straße 29 – 35 65760 Eschborn, Hesse Germany
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