The January/February Issue of Newsletter Export Control has been published.
With the Commission Implementing Regulation (EU) 2016/2363 of 21 December 2016 (OJ L 350 of 22.12.2016, p. 20) and 2017/44 of 10 January 2017 (OJ L 6 of 11.1.2017, p. 36) amending Council Regulation (EC) No. 1210/2003 concerning certain specific restrictions on the economic and financial relations with Iraq, 9 entities were removed from the list of persons and entities to whom the freezing of funds and economic resources applies.
The amendment implements the resolutions adopted by the Sanctions Committee of the United Nations Security Council on 16 and 28 December 2016.
In accordance with the Council Implementing Regulation (EU) 2017/77 of 16 January 2017 (OJ L 12 of 17.1.2017, p. 24) amending Regulation (EU) No. 267/2012 concerning restrictive measures against Iran, the entries related to four entities listed in Annex IX Part I.B to Regulation (EU) No. 267/2012 were deleted. In addition, the recitals of the Implementing Regulation refer to some individuals and entities whose sanctioning was lifted by judgements of European courts. Since these judgements are self-executing and need no implementing acts, the persons and entities that are removed from the lists continue to be contained in the Annexes of the consolidated legal texts (due to the fact that only the relevant legal acts of the Council are consolidated, but no other acts having an effect on the listing). The EU institutions are working on making the future consolidated versions more transparent in this regard; until then reference is made to the courts' delisting in the present form.
With the Council Regulation (EU) 2016/2230 of 12 December 2016 (OJ L 336 of 12.12.2016, p. 1) amending Regulation (EC) No. 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo, the European Council adopted additional restrictive measures against certain individuals, entities and institutions in view of the acts of violence that took place in Kinshasa in September.
In accordance with the Commission Implementing Regulation (EU) 2016/2215 of 8 December 2016 (OJ L 334 of 9.12.2016, p. 29) amending Council Regulation (EC) No. 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea 11 natural persons and 10 entities were added to the list of individuals and entities subject to restrictive measures set out in Annex IV. Furthermore, three of these entities and one person were removed from the list in Annex V.
With the Commission Implementing Regulation (EU) 2017/80 of 16 January 2017 (OJ L 12 of 17.1.2017, p. 86) amending Council Regulation (EC) No. 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea five vessels were deleted in Annex IV to Regulation 329/2007 because these vessels are not economic resources controlled or operated by Ocean Maritime Management and therefore are not subject to the asset freeze.
The amendment implements the resolution adopted by the Committee of the United Nations Security Council on 17 December 2016.
In accordance with the Council Regulation (EU) 2016/2137 of 6 December 2016 (OJ L 332 of 7.12.2016, p. 3) amending Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria, exceptions to restrictive measures were adapted to the current circumstances due to the continuing humanitarian crisis in Syria. In the future clearly defined persons and entities are allowed to purchase and transport mineral oil and petroleum products for the sole purpose of providing humanitarian relief or assistance to the civilian population in Syria and to provide related financing or financial assistance in Syria. Furthermore the relevant associated exceptions to the restrictions on the freezing of funds and economic resources were amended.
With the Commission Implementing Regulation (EU) 2016/2262 of 15 December 2016 (OJ L 342 of 16.12.2016, p. 22) amending for the 257th time Regulation (EC) No. 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da´esh) and Al-Qaida organisations, one natural person was added to the list in Annex I to Regulation (EC) No. 881/2002.
The amendment implements the resolution adopted by the Sanctions Committee of the United Nations Security Council on 12 December 2016.
In accordance with the Council Implementing Regulation (EU) 2016/2373 of 22 December 2016 (OJ L 352 of 23.12.2016, p. 31) amending Article 2 (3) of Regulation (EC) No. 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, three persons were added to the list of persons set out in Section I (individuals) of the Annex to the Implementing Regulation (EU) 2016/1127.
The 7th ordinance amending the Foreign Trade and Payments Ordinance of 19 December 2016 (came into effect on 24 December 2016) inserted an additional note to item no. 0013 in Part I Section A of the Export List. The aim is to specify the control of armour plates which have a special composite construction or are made of individual materials as well as to establish the current implementation practice. Further information is published at BAFA’s web sites at „Ausfuhrkontrolle“ „Güterlisten“.
The English version of the Manual on how to complete End-Use Certificates for exports and transfers of military equipment was published at BAFA’s web sites (englischsprachige Ausfüllanleitung). You can provide it to your customer and, thus, support him in filling the templates of end-use certificates.
In the main part you find step-by-step instructions on how to complete the different sections as well as notes on the declarations to be provided. The introduction explains the purpose of end-use certificates, their legal bases and the most important definitions.
Please note that end-use certificates must be filled completely and self-consistent in order to avoid further enquiries and unnecessary delays in the processing of your application. The content of the different sections must not be changed. If some sections are not relevant – for instance section G / trader statement for export to a well-known end-user – you can completely delete the section or provide it with the note "not applicable".
This Newsletter is designed to provide latest information about legal and administrative issues and offer guidance to international industry and people dealing with foreign trade. It is a non-official translation of the German version which is the only legally binding version.
