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2017.10.27Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA)

The October/November Issue of Newsletter Export Control has been published.

European Union Law/Embargo Measures

Mali

The Council Regulation (EU) 2017/1770 of 28 September 2017 (OJ L 251 of 29.9.2017, page 1) concerning restrictive measures in view of the situation in Mali implements the Resolution 2374 (2017) of the United Nations Security Council. The Resolution provides for travel restrictions and the freezing of funds and economic resources of certain persons designated by the United Nations Security Council or the relevant United Nations Sanctions Committee as responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of Mali. The persons and entities whose funds and economic resources shall be frozen will be listed in Annex I to the Regulation that is not completed yet.

North Korea

In accordance with Council Regulation (EU) 2017/1548 of 14 September 2017 (OJ L 237 of 15.9.2017, page 39) amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea, new prohibitions were introduced with regard to the import, purchase and transport of fish and seafood as well as lead and lead ores, and the existing restrictions on investments were tightened.

In accordance with the Council Implementing Regulation (EU) 2017/1568 of 15 September 2017 (OJ L 238 of 16.9.2017, page 10) implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea, one person and three entities were added to the list of persons and entities subject to restrictive measures contained in Annex XIII to Regulation (EU) 2017/1509.

The amendments implement Resolution 2375 (2017) adopted by the United Nations Security Council on 11 September 2017.

The Council Regulation (EU) 2017/1836 of 10 October 2017 (OJ L 261 of 11.10.2017, page 1) amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea imposed new prohibitions with regard to imports, purchase or transfer of DPRK textiles and exports of petroleum products to DPRK; restrictions on investments and the maritime sector were extended.

The amendments implement Resolution 2375 (2017) adopted by the United Nations Security Council on 11 September 2017.

Syria

The Council Implementing Regulation (EU) 2017/1751 of 25 September 2017 (OJ L 246 of 26.9.2017, page 1) implementing the Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria amended the information related to four persons and one entity in the list of persons, entities and bodies 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 Regulation (EU) 2017/1549 of 14 September 2017 (OJ L 237 of 15.9.2017, page 44) 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 information related to 19 persons and 17 entities were 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, the information related to four persons and three entities was deleted and one entity was added to the list.

The Council Regulation (EU) 2017/1547 of 14 September 2017 (OJ L 237 of 15.9.2017, page 37) amending Regulation (EU) No. 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine included a derogation to authorize payments to Crimean Sea Ports for services provided at the ports Kerch Fishery Port, Yalta Commercial Port and Evpatoria Commercial Port, and services provided by Gosgidrografiya and by Port-Terminal branches of the Crimean Sea Ports.

Al Qaida and ISIL (Da´esh)

In accordance with the Commission Implementing Regulations (EU) 2017/1488 of 18 August 2017 (OJ L 215 of 19.8.2017, page 1), (EU) 2017/1500 of 23 August 2017 (OJ L 219 of 25.8.2017, page 5), (EU) 2017/1516 of 31 August 2017 (OJ L 226 of 1.9.2017, page 24), (EU) 2017/1571 of 15 September 2017 (OJ L 238 of 16.9.2017, page 42), (EU) 2017/1773 of 28 September 2017 (OJ L 251 of 29.9.2017, page 19) and (EU) 2017/1834 of 9 October 2017 (OJ L 260 of 10.10.2017, page 3) amending for the 274th to 279th 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, the information related to eight persons was amended, one person was added and one natural person was deleted from the list in Annex I to Regulation (EC) No. 881/2002.

The amendments implement the decisions adopted by the Sanctions Committee of the United Nations Security Council on 9, 18 and 27 August as well as on 12 and 22 September and 4 October 2017.

National Law

10th Amendment of AWV

The tenth ordinance amending the Foreign Trade and Payments Ordinance (AWV) of 22 September 2017 amended section 82 AWV in order to adjust the existing regulations on administrative fines to the current legal basis with regard to fines in case of violations of the provisions, imposed by Council Regulation (EU) 2017/1509 of 30 August 2017 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).

Inside BAFA

 Update of Annexes to EC Dual-use Regulation

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.

On 26 September 2017 the EU Commission published the envisaged Delegated Act to amend the Annexes to Council Regulation (EC) No. 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. Please note that this publication is only for the purpose of prior information. Therefore, the published list of goods has not yet entered into force. It could become effective at the end of November.

The delegated legal act is available at BAFA‘s web sites.