Federal Office for Economic Affairs and Export Control

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2017.09.19Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA)

The September Issue of Newsletter Export Control has been published.

European Union Law/Embargo Measures

Libya

In accordance with the Council Regulation (EU) 2017/1325 of 17 July 2017 (OJ L 185 of 18.7.2017, page 16) amending Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya, the export of inflatable boats, motor boats and outboard motors to Libya was subjected to licensing requirements since these goods may be used for smuggling migrants and trafficking in human beings. The relevant goods are listed in Annex VII to Regulation (EU) 2016/44.

With the Commission Regulations (EU) 2017/1423 of 4 August 2017 (OJ L 204 of 5.8.2017, page 80) and (EU) 2017/1456 of 10 August 2017 (OJ L 208 of 11.8.2017, page 31) amending Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya the vessels „Capricorn“ and „Lynn S“ were included in the list of vessels subject to restrictive measures as set out in Annex V to Regulation (EU) 2016/44.

The amendment implements the decisions adopted by the United Nations Security Council on 21 July and 2 August 2017.

The Council Regulation (EU) 2017/1419 of 4 August 2017 (OJ L 204 of 5.8.2017, page 1) amending Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya extended the application of restrictive measures to vessels loading, transporting or discharging petroleum illicitly exported from Libya. Now the goods are no longer limited to crude oil, but also comprise petroleum in the broadest sense, including crude oil and refined petroleum products. The sanctions on related financial transactions and services also apply to the extended range of goods.

The amendments implement the decision adopted by the United Nations Security Council on 29 June 2017.

North Korea

With the Commission Implementing Regulations (EU) 2017/1330 of 17 July 2017 (OJ L 185 of 18.7.2017, page 31) and (EU) 2017/1457 of 10 August 2017 (OJ L 208 of 11.8.2017, page 33) amending Council Regulation (EC) No. 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea the entries for three entities and two persons were amended in the list of persons and entities subject to restrictive measures as set out in Annex IV to Regulation (EC) No. 329/2007; nine individuals and four entities were added. The entries for two natural persons and one entity were deleted in Annex V to Regulation (EC) No. 329/2007 as they are now designated under Annex IV.  

The amendments implement the decision adopted by the Sanctions Committee of the United Nations Security Council on 5 June 2017 as well as the Resolution of the United Nations Security Council of 5 August 2017.

With Regulation (EU) No. 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No. 329/2007 (OJ L 224 of 31.8.2017, page 1) the sanctions imposed on North Korea were consolidated into a new regulation for the sake of clarity. As a result, there are amendments of the Article designations. However, the content was not significantly changed.

Syria

In accordance with the Council Implementing Regulation (EU) 2017/1327 of 17 July 2017 (OJ L 185 of 18.7.2017, page 20) implementing the Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria, 16 persons were added to the list of individuals, entities and undertakings subject to restrictive measures in Annex II to Regulation (EU) No. 36/2012.

Ukraine – Measures in view of threats to the territorial integrity of Ukraine

In accordance with the Council Implementing Regulations (EU) 2017/1374 of 25 July 2017 (OJ L 194 of 26.7.2017, page 1) and (EU) 2017/1417 of 4 August 2017 (OJ L 203 of 4.8.2017, page 1) implementing the Regulation (EU) No. 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, the entry for one person was amended in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex I to Regulation (EU) No. 269/2014 and – as a reaction on the supply of Siemens gas turbines to Crimea in breach of the contractual provisions – three persons and three entities were added to the list.

Al Qaida and ISIL (Da´esh)

In accordance with the Commission Implementing Regulations (EU) 2017/1390 of 26 July 2017 (OJ L 195 of 27.7.2017, page 11) and (EU) 2017/1411 of 2 August 2017 (OJ L 202 of 3.8.2017, page 4) amending for the 272nd and 273rd 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, six persons and four entities were included in the list set out in Annex I to Regulation (EC) No. 881/2002 and two natural persons were deleted from the list.

The amendments implement the decisions adopted by the Sanctions Committee of the United Nations Security Council on 20 and 28 July 2017.

Measures directed against other terrorism suspects

In accordance with the Council Implementing Regulation (EU) 2017/1420 of 4 August 2017 (OJ L 204 of 5.8.2017, page 3) 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) 2017/150, the list of persons, groups and entities under Article 2 (3) of Regulation (EC) No. 2580/2001 was updated and the Implementing Regulation (EU) 2017/150 was repealed.

National Law

9th Amendment of the Foreign Trade and Payments Ordinance

The ninth ordinance amending the Foreign Trade and Payments Ordinance (AWV) of 14 July 2017 adapted the procedure of foreign trade audits of company acquisitions to the increased challenges. In fact, the development of direct foreign investments in German companies, the growing importance of supply-relevant key infrastructures and the development of defence technology over the past years was taken into account; the national investment review law was substantiated against this background. This required an amendment of sections 55, 57, and 59 to 62 AWV.

Inside BAFA

Announcement of 9th Information Day on Export Control

This year the Information Day on Export Control will be held on Thursday, 7 December 2017, in the Marriott Hotel, Hamburger Allee 2, 60486 Frankfurt/Main. BAFA continues its successful series of events with this 9th information day.

Further details on the programme will follow soon. Registration is possible from 27 September 2017 at our Website.

Advance information on the revised announcement referring to End-Use Certificates and model forms

At BAFA’s Homepage the following documents are published:

  • Revised announcement on End-Use Certificates, 
  • Editable model forms for End-Use Certificates (.odt format) and
  • Guidance on how to complete the model forms in English

You may find this under Endverbleibsdokumente (end-use documents).

The published model end-use certificates may be used immediately. If you have already requested your customers to submit the former end-use certificates they can still be used. For a period until 31 March 2018 end-use certificates of the previous standard are accepted. End-use certificates already submitted in due form are accepted. You need not request and present new end-use certificates.

As compared to the previous announcement of 12 February 2002, the area of military equipment and items under the firearms ordinance, on the one hand, and the area of all other exports and transfers subject to licensing, on the other, are now regulated in two separate announcements for reasons of clarity. The well-known principles governing the submission of End-Use Certificates continue to apply. This is also the case for exemptions from the required presentation of end-use certificates, e.g. in case of temporary exports.

To support you and your customers in completing the end-use documents, BAFA also published an English guide under „Formulare“ (forms). They distinguish – like the announcements – between the area of military equipment and the other goods. You can provide this guide to your customers and, in this way, support them in filling their end-use documents.

In addition, the model forms were published in Open-Document-Text format for download with the possibility of an IT-based completion. This new completion method is a real relief for you because the model form may be downloaded on your PC and be completed right away. BAFA has opted for a modular structure. It means that a few end-use documents can reflect a high number of different cases in a flexible manner. The model form consists of individual sections. The basic rule of a modular structure is: Complete the applicable sections only. It means that the end user can cross out a section or fill in „not applicable“ if the respective case does not apply. It is not permitted to purge the section.

BAFA has publish an Information Leaflet, which deals with this subject.