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2018.04.17Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA)

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

European Union Law/Embargo Measures

Belarus

With the Council Regulation (EU) 2018/275 of 23 February 2018 [OJ (EU) No. L 54 of 24 February 2018, page 1] amending Regulation (EC) No. 765/2006 concerning restrictive measures in respect of Belarus, the derogations from the ban on export and on technical assistance or related services were expanded to sporting rifles, sporting pistols and ammunition listed in the new Annex V. From now on such transactions may be authorised if the goods concerned are intended exclusively for use in sports events and sports training in accordance with the specifications of the International Shooting Sport Federation.

Democratic People’s Republic of Korea

The Council Regulation (EU) 2018/285 of 26 February 2018 [OJ (EU) No. L 55 of 27 February 2018, page 1] amending Council Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea expanded the existing measures.  The addition includes inter alia an import ban on further food products, machinery and electrical equipment as well as earth and stone materials from the DPRK as well as an export ban on industrial equipment, machinery, transportation vehicles and industrial metals. Besides this, further maritime restrictive measures were adopted; the new Annex XVIII contains a list of vessels which the Council has reason to believe were involved in activities, particularly the transport of items, prohibited by embargo measures against the DPRK.

In addition, three persons and one entity were removed from the list of designated persons and entities set out in Annex XV to Regulation (EU) 2017/1509.

Furthermore the Council Implementing Regulation (EU) 2018/324 of 5 March 2018 [OJ (EU) No. L 63 of 6 March 2018, page 1] amended the entry related to one person listed in Annex XIII to Regulation (EU) 2017/1509. Besides this the Council Implementing Regulation (EU) 2018/286 of 26 February 2018 [OJ (EU) No. L 55 of 27 February 2018, page 15] amended Annex XIV to Regulation (EU) 2017/1509 listing vessels subject to restrictive measures which are divided into vessels that must be seized and vessels for which access to ports is prohibited.

Somalia

With the Council Implementing Regulation (EU) 2018/413 of 16 March 2018 [OJ (EU) No. L 75 of 19 March 2018, page 1] implementing Article 12 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, two persons were added to the list of persons and entities subject to restrictive measures. Annex I to this Regulation was amended accordingly.

Syria

With the Council Implementing Regulation (EU) 2018/282 of 26 February 2018 [OJ (EU) No. L 54 of 26 February 2018, page 3] implementing Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria, two persons were added, and with the Council Implementing Regulation (EU) 2018/420 of 19 March 2018 [OJ (EU) No. L 75 I of 19 March 2018, page 1] four persons were added to the list of natural and legal persons, entities and bodies subject to restrictive measures contained in Annex II to Regulation (EU) No. 36/2012.

Ukraine

With the Council Implementing Regulation (EU) 2018/326 of 5 March 2018 [OJ (EU) No. L 63 of 6 March 2018, page 5] implementing the Regulation (EU) No. 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine the entries for two persons were deleted and the statements of reasons for three persons were updated. Annex I of this regulation was amended accordingly.

With the Council Implementing Regulation (EU) 2018/388 of 12 March 2018 [OJ (EU) No. L 69 of 13 March 2018, page 11] implementing Council Regulation (EU) No. 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, the entries concerning 40 persons and entities subject to restrictive measures were amended in Annex I to Regulation (EU) No. 269/2014. 

Central African Republic

The Council Implementing Regulation (EU) 2018/325 of 5 March 2018 [OJ (EU) No. L 63 of 6 March 2018, page 3] implementing Article 17 (3) to Regulation (EU) No. 224/2014 concerning restrictive measures in view of the situation in the Central African Republic amended the entries for one person that is subject to restrictive measures and listed in Annex I to that regulation.

In addition, the Council Regulation (EU) 2018/387 of 12 March 2018 [OJ (EU) No. L 69 of 13 March 2018, page 9] amending Regulation (EU) No. 224/2014 amended the exemptions to the arms embargo as well as the criteria for the designation of persons and entities subject to restrictive measures.

Al-Qaida and ISIL

With the Council Implementing Regulation (EU) 2018/281 of 26 February 2018 [OJ (EU) No. L 54 of 26 February 2018, page 1] implementing the Regulation (EU) 2016/1686 to impose additional restrictive measures directed against ISIL (Da'esh) and Al-Qaida and natural and legal persons, entities and bodies associated with them, one person was added to the list of natural and legal persons, entities and bodies in Annex I to that regulation.

In accordance with the Commission Implementing Regulation (EU) 2018/349 of 8 March 2018 [OJ (EU) No. L 67 of 9 March 2018, page 28] amending for the 282nd 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, three entries were added to the list of persons, entities and bodies subject to the freezing of funds and economic resources. Annex I to that Regulation (EC) was amended accordingly.

Inside BAFA

On 01.04.2018 the General Licences No. 12 to No. 27 and No. 30 were extended and updated as follows:

General licences for the export of dual-use goods listed in Annex I to Regulation (EC) No. 428/2009 (EC Dual-Use Regulation) and on non-sensitive Iran business transactions

Extension of validity

The General Licences No. 12, No. 13, No. 14, No. 16, No. 17 and No. 30 are extended until 31.03.2019.

Amendments of their content

Apart from minor editorial modifications, the following amendments of the content are envisaged:

General Licence No. 12

With regard to the group of beneficiary countries, the explicit exclusion of Venezuela is to be deleted in figure 5. This does not result in amendments of the content since Venezuela is considered a country subject to the arms embargo within the meaning of Art. 4 (2) of the EC dual-use regulation and is already excluded from beneficiary destinations for this reason.

General Licence No. 13

The exclusion under number 3.2 of the General Licence No. 13 is expanded to all military applications in accordance with the General Licence No. 12, other than those related to exports by EU authorities and agencies, or EU Member States to perform their official functions, or of exports by foreign armed forces deployed here, or exports on behalf of the federal armed forces (Bundeswehr) to the federal armed forces (Case groups 4.8, 4.9 and 4.11 of General Licence No. 13).

Another case group is added to General Licence No. 13 to encourage exports within the framework of research missions of non-profit foundations and associations as long as the goods concerned are used on a scientific expedition and are not passed on to third persons. This new group (fig. 4.19) reads as follows as of 01.04.2018: „Goods exported by public law foundations or registered associations for the pursuit of charitable purposes within the meaning of section „Tax-privileged objectives“ of the Fiscal Code for the purpose of marine and polar research for use during a research mission, where federal or state ministries of the Federal Republic of Germany are represented in the foundation or registered association and the goods are not passed on to third parties for their own research purposes.“

Furthermore the explicit exclusion of Venezuela from the group of beneficiary destinations in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is considered a country subject to the arms embargo within the meaning of Art. 4 (2) of the EC dual-use regulation and is already excluded from beneficiary destinations for this reason.

General Licence No. 14

There are no amendments of the content with regard to General Licence No. 14.

General Licence No. 16

With regard to the group of beneficiary countries the explicit exclusion of Venezuela in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is considered a country subject to the arms embargo within the meaning of Art. 4 (2) of the EC dual-use regulation and is already excluded from beneficiary destinations for this reason.

General Licence No. 17

Presently there are no amendments of the content of General Licence No. 17. However, a short-term expansion of exclusion criteria many not be ruled out in case of well-known military uses in certain countries (figure 3.2. first bullet point).

General Licence No. 30

The General Licence No. 30 is also extended until 31.03.2019. Its content is not changed.

General Licences for the export and transfer of military goods in Part I Section A of the Export List

Extension of validity

The General Licences No. 20, No. 21, No. 22, No. 24 and No. 26 are extended until 31 March 2019.

The General Licences No. 18, No. 19, No. 23, No. 25 and No. 27 are only extended until 31.05.2018 due to the continuing need for coordination. However, an extension until 31.03.2019 is intended and possible changes of their content will come into effect as soon as the coordination is completed.

Content amendments of the General Licences for Military Goods (No. 18 to No. 27)

General Licence No. 18

The scope of application of General Licence No. 18 is expanded so far as from 01.04.2018 the export and transfer of clothing with signature suppression listed in item 0017h of Part I Section A of the Export List is also privileged if that clothing is coated or treated for signature suppression in the near infrared range of a wavelength of 650 nm to 2,500 nm (instead of 2,000 nm as before). In order to avoid a misunderstanding it is clarified that the clothing in question must be provided with multi-colour camouflage print. This clarification does not result in a modification of the content.

With regard to the group of beneficiary countries the explicit exclusion of Venezuela in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is not referred to in section 74 (1) AWV and is already excluded from beneficiary destinations for this reason.

General Licence No. 19

Presently, there are no amendments of the content of General Licence No. 19.

General Licence No. 20

As a member of the European economic area Iceland may be included in the group of beneficiary destinations.

General Licence No. 21

The scope of application of General Licence No. 21 was expanded, therefore as of 01.04.2018 the export and transfer of technology and software controlled by items 0021a and 0022a of Part I Section A of the Export List is also privileged if the software and technology is required for the use or maintenance of goods listed in items 0013 of Part I Section A of the Export List.

General Licence No. 22

As members of the European economic area Iceland and Norway may be included in the group of beneficiary destinations.

General Licence No. 23

With regard to the group of beneficiary countries the explicit exclusion of Venezuela in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is not referred to in section 74 (1) AWV and is already excluded from beneficiary destinations for this reason.

General Licence No. 24

The scope of application of General Licence No. 24 is expanded, therefore the temporary export or transfer of armaments listed in Part I Section A of the Export List is basically privileged as of 01.04.2018 if these goods are integrated into other goods based on the order of an exporter or transferor, or if they were processed in any other way and are re-transferred to German territory in an integrated, processed or unprocessed form as a new product within a period of six months. The previous case group under number 4.1b is extended accordingly and the case group 4.1e is deleted.

General Licence No. 25

With regard to the group of beneficiary countries the explicit exclusion of Venezuela in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is not referred to in section 74 (1) AWV and is already excluded from beneficiary destinations for this reason.

In addition, Iceland as a member of the European economic area may be included in the group of beneficiary destinations.

General Licence No. 26

The cases listed under number 4.1c of the General Licence No. 26 are expanded; therefore as of 01.04.2018 exports and transfers to several consignees are also privileged if exporter or transferor are positively aware that the consignee concerned or an affiliated company deliver the received goods on behalf of the armed forces of a member state, Iceland and Norway in a processed or unprocessed form to the armed forces of that member state, Iceland of Norway. The previous condition that only a private consignee may be involved is extended therefore.

General Licence No. 27

In order to adjust the goods covered by General Licence No. 27 to the recommendations by the EU Commission to harmonise global licences for certified recipients, the group of privileged goods is to be slightly expanded. It should include goods listed in items 0009d, 0010c1, c2, c3, 0011a (see notes g) and j)), 0015b, c, d, as well as 0017a, b, d, e, j, k, l, m, n, o, p and 0021b4 of Part I Section A of the Export List (Annex AL to AWV). Goods on the War Weapons List are not privileged as before.