Germany

Export law and regulations

- War Weapons Control Act, implementing Article 26(2) of the Basic Law;

- War Weapons Reporting Ordinance of 24 January 1995 (as amended);

- Foreign Trade and Payments Act of 28 April 1961 (as amended);

- Foreign Trade and Payments Ordinance of 18 December 1986 (as amended).

Political Principles adopted by the Government of the Federal Republic of Germany governing the Export of War Weapons and other Military Equipment.

German response to the Questionnaire on OSCE Participating States Policy and/or National Practices and Procedures for the Export of Conventional Arms and Related Technology, Updated June 1998.

- European Union Code of Conduct.

- OSCE Criteria on conventional arms exports.

- The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies.

- Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Landmines and on their Destruction.

Control Lists

For exports of conventional military equipment (war weapons and other military equipment), there is an erga omnes licensing requirement.

Exports to NATO or 'NATO equivalent' countries (e.g. Austalia, Japan, New Zealand, Sweden, Switzerland) are in line with FR Germany's security interests and are in principle unrestricted -- though certain individual transactions may be refused.

List of War Weapons (relates to the War Weapons Control Act);
Part I Section A of the Export List (relates to the Foreign Trade and Payments Ordinance).

Licensing procedures

Federal Ministry for Economics in cases of war weapons. In cases of export of 'other military equipment', the Federal Export Office (an agency of the Federal Ministry of Economics).

Federal Foreign Ministry, Ministry of Defence and with other Ministries if appropriate.

Federal Customs Administration.

An end user document must normally be submitted with the application. There are three types of end user certificate: an official EUC (for government end users); a private EUC (for company or private end users) and an International Import Certificate (IIC).

No authorization required for negotiating a contract;
A special licence is required for deals by intermediaries regarding the procurement of war weapons which are located abroad and are to be delivered to the foreign customer without encountering German territory.

In certain cases, such as insignificant parts of firearms, military equipment can be exported under a general licence.

Possible only under narrow legal conditions such as a false statement in a licence application.

1. Illegal arms exports can incur prison sentences of up to 10 years.
2. Proceeds of illegal exports can be seized without compensation.
3. Attempts to export arms without a licence can incur prison sentences.
4. New export licences will not be issued to an exporter or to a country receiving weapons if there is a suspicion or proof that the receiving country made a false statement regarding the final use of the weapons.

Less serious violations can incur fines of up to DEM 1 million.

Exporters can make a preliminary inquiry in which a political assessment is made of a given export.

Licences are issued on the condition that the equipment is returned to Germany before the licence expires.

- There is no distinction between licences based on destination;
- Exports within the framework of an intergovernmental cooperation project are covered by a general licence.

In 1997 14,432 applications for conventional military equipment were processed.