The June/July Issue of Newsletter Export Control has been published.
With the Council Implementing Regulation (EU) 2017/904 of 29 May 2017 (OJ L 138I of 29.5.2017, p. 1) implementing Article 9 (2) of 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 nine persons were added to the list of persons and entities subject to restricted measures contained in Annex Ia to Regulation (EC) No. 1183/2005.
The Council Regulation (EU) 2017/964 of 8 June 2017 (OJ L 146 of 9.6.2017, p. 1) amending Regulation (EU) No. 267/2012 concerning restrictive measures against Iran further specified the requirements on end-use statements for the export to Iran of goods set out in Annex II to Regulation (EU) No. 267/2012. In return, the necessity of the Iranian government’s approval to conduct end-use controls no longer applies. Therefore end-use statements in accordance with the specimen set out in Annex IIa to the regulation have to be submitted together with export licence applications for these goods – except for temporary exports. However, as before the Member States can request their own end-use documents provided that they contain equivalent statements – like e.g. in Germany.
In case of export licence applications to BAFA, the well-known „EVE-Anhang II“ must be used which is also published at BAFA’s web sites. Therefore the specimen in accordance with Annex IIa to Regulation (EU) No. 26772012 should not be used.
In accordance with the Commission Implementing Regulation (EU) 2017/970 of 8 June 2017 (OJ L 146 of 9.06.2017, p. 129) amending Council Regulation (EC) No. 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea, 14 natural persons and four entities were added to the list of individuals and entities subject to restrictive measures. Furthermore, the entries related to four persons were amended.
The amendments implement the Resolution 2356 (2017) adopted by the United Nations Security Council on 2 June 2017.
In accordance with the Council Implementing Regulation (EU) 2017/907 of 29 May 2017 (OJ L 139 of 30.5.2017, p. 15) implementing Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria, the entries related to 58 persons and one entity were updated in the list of persons, entities and bodies subject to restrictive measures in Annex II to Regulation (EU) No. 36/2012.
With the Council Implementing Regulation (EU) 2017/890 of 24 May 2017 (OJ L 138 of 25.5.2017, page 1) implementing Article 17 (1) of Regulation (EU) No. 224/2014 concerning restrictive measures in view of the situation in the Central African Republic, one person was added to the list of persons and entities subject to restrictive measures.
The amendment implements the Decision adopted by the Sanctions Committee of the United Nations Security Council on 17 May 2017.
With the Council Implementing Regulation (EU) 2017/906 of 29 May 2017 (OJ L 139 of 30.5.2017, p. 2) implementing Article 17 (3) of Regulation (EU) No. 224/2014 concerning restrictive measures in view of the situation in the Central African Republic the entries related to ten persons and two entities subject to restrictive measures were updated in Annex I to Regulation (EU) No. 224/2014.
The amendments implement the Decision adopted by the Sanctions Committee of the United Nations Security Council on 12 January 2017.
In accordance with the Commission Implementing Regulations (EU) 2017/700 of 18 April 2017 (OJ L 103 of 19.4.2017, p. 22) and (EU) 2017/778 of 4 May 2017 (OJ L 116 of 5.5.2017, p. 26) amending for the 266th and 267th times 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, four persons were removed from the list set out in Annex I to Regulation (EC) No. 881/2002.
The amendments implement the Decision adopted by the Sanctions Committee of the United Nations Security Council on 8, 28 April and 1 May 2017.
Measures directed against other terrorism suspects
In accordance with the Council Implementing Regulation (EU) 2017/965 of 8 June 2017 (OJ L 146 of 9.6.2017, p. 6) implementing 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, and repealing Implementing Regulation (EU) 2016/1127, one body was removed from the list of persons, groups and entities under Article 2 (3) of Regulation (EC) No. 2580/2001.
The 8th ordinance amending the Foreign Trade and Payments Ordinance of 27 April 2017 adapted the statutory provisions to impose administrative fines in section 82 AWV to the current EU legislation.
In addition, the Export List (Annex AL to Foreign Trade and Payments Ordinance) was revised. This is mainly due to amendments agreed for conventional armaments within the Wassenaar Arrangement in 2016, which were incorporated in Part I Section A. In addition there was an expansion of the range of goods to specific diesel motors controlled by the Export List by amending item 0009b No. 1 of Part I Section A of the Export List. In this way, the efforts of the Federal government are taken into account to be able to impose restrictions on all deliveries of diesel motors intended for submarines that are relevant from the security policy point of view.
As of 1 July 2017 the General Licence No. 16 was expanded until 31 March 2018 and supplemented by another condition for exclusion in Section II number 3.2. This expansion excludes the use of this General Licence in cases where goods with IT security functions under sect. 37 of Classified Information Directive (VSA) are to be exported, goods that are approved by BSI under VSA or for which an authorisation was applied for uses in connection with information classified as RESTRICTED or higher under sect. 4 (1) of the Act on Security Review Requirements and Procedure of the Federal Government (Security Review Act – SÜG).
There are no further amendments of the content of this General Licence. For your information a consolidated version of the General Licence No. 16 may be found at BAFA’s web sites www.bafa.de
