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2018.02.05Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA)

The February 2018 Issue of Newsletter Export Control has been published.

European Union Law/Embargo Measures

Democratic People’s Republic of Korea

With the Council Implementing Regulation (EU) 2018/12 of 8 January 2018 [OJ (EU) No. L 4/1 of 9 January 2018] implementing the Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea, sixteen persons and one entity were included in the list of persons and entities subject to restrictive measures.

Moreover, the Council Implementing Regulation (EU) 2018/53 of 12 January 2018 [OJ (EU) No. L 10/1 of 13 January 2018] added four vessels to Annex XIV to Regulation (EU) 2017/1509. Annex XIV designates vessels which are denied access to EU ports and shall be confiscated.

Guinea-Bissau

In accordance with the Council Implementing Regulation (EU) 2018/31 of 10 January 2018 [OJ (EU) No. L 6/1 of 11 January 2018] implementing Article 11(1) of Regulation (EU) No. 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau, one person is removed from the list of individuals subject to restrictive measures.

Somalia

The Council Implementing Regulation (EU) 2017/2415 of 21 December 2017 [OJ (EU) No. L 343/33 of 22 December 2018] implementing Article 13 of Regulation (EU) No. 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia amended the exemption from the asset freeze and from the prohibition of making available other economic resources as contained in Article 4 (1) of Regulation (EU) No. 356/2010. This amendment refers to the „United Nations Humanitarian Response Plan for Somalia“ instead of the previous reference to the „UN Consolidated Appeal for Somalia“.

Al-Qaida und ISIL

In accordance with the Commission Implementing Regulation (EU) 2018/50 of 11 January 2018 [OJ (EU) No. L 7/35 of 12 January 2018] amending for the 280th 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 entry was removed from and one entry was amended in the list set out in Annex I to Regulation (EC) No. 881/2002.

Correction of Annex I to EC Dual-use regulation

As of 16 December 2017, the EU Commission revised Annexes I, IIa to IIg and IV to Regulation (EC) No. 428/2009 (EC dual-use regulation) with the Delegated Regulation (EU) No. 2017/2268 of 26 September 2017. Due to editorial errors, a corrigendum of Annex I was necessary. It was published in the Official Journal of the European Union No. L 12, page 62 on 17 January 2018.

National Law

The Eleventh Ordinance amending the Foreign Trade and Payments Ordinance of 13 December 2017 [FG AT, 20.12.2017, V1] provided for additions to the regulations governing the arms embargo in sections §§ 74 and 75 AWV as well as an exemption to the arms embargo in sect. 76 AWV.

The background is the necessary national adaptation due to the arms embargo imposed on Venezuela [Decision (CFSP) No. 2017/2074], the strengthening of existing sanctions against the Democratic People’s Republic of Korea [Regulations (EU) No. 2017/1548, 2017/1836 and 2017/1858], as well as the derogation from the EU arms embargo with regard to the delivery to Russia of special fuels required for the ExoMars space programme of the European Space Organisation ESA [Decision (CFSP) 2017/2214]. In addition, an adjustment of customs rules of procedure was necessary for reasons of legal clarity. Furthermore the investment control process was simplified for the notification and initiation of review procedures.

Inside BAFA

12th Day of Export Control

On 22 and 23 March 2018 the 12th Export Control Day (ECD) on the topic „Challenges in Foreign Trade Control“ will be held in Berlin. The Export Control Day, an exclusive interface between practice and policy, usually marks the start of the year for the export control community.

This year again, high-level representatives of business, politics, the legal profession and science will discuss about current and future developments of foreign trade law in the German capital. It also includes the debate about the US export administration regulations which may affect German companies, in part, due to their extra-territorial validity. This issue will be covered by the Bureau of Industry and Security within the framework of a keynote speech titled „US Export Control“.

A particular focus will be on the increasingly complex requirements on the internal compliance program „ICP“. To implement the applicable regulations is a special challenge to German enterprises. Therefore the issue “Compliance“ will be explained in detail in the course of this year’s panel discussion attended by representatives of practice and politics, i. a. Dr. Rolf Raum, presiding judge of the 1st criminal panel of the Federal Court of Justice (BGH), who recommended in a judgement last year to take into account efficient compliance management systems as a mitigating factor.

The ECD offers traditionally a good opportunity to enter into a dialogue with the participants and to raise relevant questions. The link for registration to ECD and the preliminary programme are published at BAFA’s web sites BAFA Internetseite.