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2018.01.08Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA)

The December 2017/January 2018 Issue of Newsletter Export Control has been published.

European Union Law/Embargo Measures

Iraq

With the Commission Implementing Regulation (EU) 2017/2217 of 1 December 2017 (OJ L 318 of 2.12.2017, page 23) amending the Council Regulation (EC) No. 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq, one entity was removed from the list of persons or entities to whom the freezing of funds and economic resources applies, as set out in Annex III to Regulation (EC) No. 1210/2003.

The amendment implements the decision adopted by the Sanctions Committee of the United Nations Security Council on 24 November 2017.

Libya

With the Commission Implementing Regulations (EU) 2017/1974 of 30 October 2017 (OJ L 281 of 31.10.2017, page 27), (EU) 2017/2006 of 8 November 2017 (OJ L 290 of 9.11.2017, page 17) and (EU) 2017/2260 of 5 December 2017 (OJ L 324 of 8.12.2017, page 39) amending the Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya, two entries were amended in the list of vessels that are subject to a number of prohibitions, in particular the prohibition to load, transport or discharge crude oil from Libya and to access ports in the European Union, as set out in Annex V to Regulation (EU) 2016/44.

Nordkorea

With the Council Regulation (EU) 2017/1858 of 16 October 2017 (OJ L 2651 of 16.10.2017, page 1) amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea, the ban on EU investment in and with North Korea was further expanded to all sectors, the amount of personal remittances that could be sent to North Korea was lowered from 15.000 Euro to 5.000 Euro and the possibility of approving the import of crude oil was further restricted.

With the Council Implementing Regulation (EU) 2017/1859 of 16 October 2017 (OJ L 2651 of 16.10.2017, page 5) implementing the Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea, three persons and six entities were included in the list of persons and entities that are subject to restrictive measures contained in Annexes XV and XVI to Regulation (EU) 2017/1509.

In accordance with the Council Implementing Regulation (EU) 2017/1897 of 18 October 2017 (OJ L 269 of 19.10.2017, page 1) implementing the Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea, four vessels were added to the list of vessels subject to restrictive measures set out in Annex XIV to Regulation (EU) 2017/1509.

The Council Regulation (EU) 2017/2062 of 13 November 2017 (OJ L 295 of 14.11.2017, page 4) amending the Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea amended the list of luxury goods subject to an import and export ban as set out in Annex VIII to Regulation (EU) 2017/1509. Detailed value limits were defined to put the restrictions in concrete terms; evaluative terms like e. g. „high quality“ were deleted.

Russia

The Council Regulation (EU) 2017/2212 of 30 November 2017 (OJ L 316 of 1.12.2017, page 15) implementing Regulation (EU) No. 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine created the possibility to authorise the provision, directly or indirectly, of technical assistance, financing or financial assistance related to the sale, supply, transfer or export and the import, purchase or transport of hydrazine (CAS-No. 302-01-2) in concentrations of 70 per cent or more, which is included in a product covered by Part I of the Export List, provided that hydrazine is to be used for certain purposes in connection with the ExoMars-Mission 2020.

Sudan

The Council Implementing Regulation (EU) 2017/1942 of 25 October 2017 (OJ L 276 of 26.10.2017, page 1) implementing Article 15 (3) of Regulation (EU) No. 747/2014 concerning restrictive measures in view of the situation in Sudan updated the information relating to one person subject to restrictive measures in Annex I to Regulation (EU) No. 747/2014.

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

In accordance with the Council Implementing Regulation (EU) 2017/2153 of 20 November 2017 (OJ L 304 of 21.11.2017, page 3) 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, one person was added to the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex I to Regulation (EU) No. 269/2014.

Venezuela

On 13 November 2017 the European Union adopted the Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ L 295 of 14.11.2017, page 60) as a reaction on the crisis in Venezuela and, in particular on the numerous human rights violations and excessive use of force in Venezuela. This decision was implemented with the Council Regulation (EU) 2017/2063 of 13 November 2017 (OJ L 295 of 14.11.2017, page 21), given the legislative competence of EU, and is directly applicable in each Member State.

This regulation provides i. a. for a ban on the export of arms and equipment which might be used for internal repression (Annex I to the regulation) as well as on the export of surveillance equipment (Annex II to the regulation) and the freezing of funds and economic resources of certain persons, entities and bodies responsible for serious human rights violations or abuses or repression of the civil society and democratic opposition whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela as well as of persons, entities and bodies associated with them. The lists of names (Annexes IV and V to the regulation) are not filled yet.

Terrorism

Other suspects of terrorism

In accordance with the Council Implementing Regulation (EU) 2017/2064 of 13 November 2017 (OJ L 295 of 14.11.2017, page 38) amending Article 2 (3) of Regulation (EC) No. 2580/2001 on specific restrictive measures directed against certain persons, entities and bodies with a view to combating terrorism, one body was removed from the list of persons, entities and bodies to which the Regulation (EC) No. 2580/2001 applies.

Inside BAFA

Update of Annexes to the EC Dual-Use Regulation

With the Delegated Regulation (EU) No. 2017/2268 of 26 September 2017 the EU Commission revised Annexes I, IIa to IIg (in relation to their controlled goods) and IV 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. This delegated regulation entered into force on 16 December 2017.

Further information may be found at BAFA’s web sites.

New General Licence No. 30

On 11 December 2017 the General Licence No. 30 for non-sensitive transactions with Iran was announced in the Federal Gazette. It enables the conclusion of certain promissory purchasing contracts referring to goods listed in Annexes I, II, VIIA and VIIB to Regulation (EUNo. 267/2012 (Iran embargo regulation) as well as certain shipments of goods listed in Annexes I, II, VIIA and VIIB to the Iran embargo regulation to certain Iranian persons within the meaning of this Regulation, together with related technical assistance.

This General Licence is based on the recent interpretation of facts permitting authorisations under the Iran embargo regulation, especially an interpretation according to which a purchasing contract is independently subject to licensing. With regard to export control law, however, there is no basic need to monitor legal transactions prior to a potential export exclusively by means of individual approval procedures. This applies particularly to the conclusion of sales contracts and shipments within Germany or the remaining customs territory of the European Union, as long as the compliance with the objectives of the Iran embargo regulation is guaranteed.

Please note that this General Licence does not cover exports to Iran or to Iranian persons outside EU. Exports of goods listed in Annexes I, II, VIIA and VIIB to Iran or Iranian persons outside EU still require export licences issued by BAFA.

Further information and the link to General Licence No. 30 may be found at BAFA’s web sites.

Amendment of General Licence No. 16

As described above, Annex I to Regulation (EC) No. 428/2009 was amended by the Delegated Regulation No. 2017/2268. These amendments also concern i. a. the structure of Part 2 of Category 5 of Annex I. The controlled goods are, in part, specified in other control items of Category 5 Part 2. The amendments are related to goods of items 5a002a1, 5D002a and 5D002d of the former Annex I, which are now controlled by items 5A002a, 5D002a1 and 5D002b of Annex I. The changed structure results in necessary amendments in Section II fig. 4.3 d), which is reflected in the Amendment Announcement on the General Licence No. 16.

The range of permitted goods is not expanded as a result.

These amendments do not entail an extension of validity of the General Licence No. 16. It is valid until 31 March 2018. A further extension of this General Licence is, however, envisaged.

Further information and the link to the amendment of General Licence No. 16 are available at BAFA’s web sites.

Information Leaflets

The Information Leaflets „Export Control and BAFA“ and „Development of the Iran Embargo“ were revised.

12th Day of Export Control – Tentative programme

The tentative programme for the 12th Day of Export Control to be held on March, 22 to 23, 2018 on the topic „Challenges in foreign trade control“ is available now.

You find the programme and the link for registration at BAFA’s web sites.