Military Surface Deployment and Distribution Command

Customer Advisory

December 19, 2017

CA-17-12/19-0208

Subject: Movement of Syrian support material into/through the Federal Republic of

Germany

Purpose: To Advise Shippers of Transit Restrictions of Syrian Support Material.

Be Advised:

1. In accordance with the 2013 Foreign Trade and Payments Ordinance, Section 74 (attached below), the sale, export and transit of goods cited in Part I Section A of the Export List

(attached below) from Germany or via Germany to Syria are prohibited. Also, in accordance with Section 75, trafficking and brokering transactions relating to goods cited in Part I Section

A of the Export List which are directly or indirectly destined for persons, organizations or institutions in Syria are prohibited. Part I Section A of the Export List covers nearly all

military equipment and material, including weapons, ammunition, protective equipment, electronic equipment, vehicles, etc.

2. In accordance with Section 76, the only exceptions for Syria include non-lethal goods, vehicles, or protective clothing specifically intended for humanitarian purposes or for the

specific use by United Nations or European Union personnel.

3. All Syrian support material moving through the DTS must be coordinated and identified to the Dover AFB, DE aerial port Capability Forecasting section prior to shipment to the aerial

port. It must also ship separately from other cargo to ensure shipments are routed correctly due to the sensitivity of the restrictions imposed by the FTPO.

4. The Tanker Airlift Control Center (TACC), in coordination with the aerial port, will ensure

that Syrian support material is routed appropriately when transported on aircraft to avoid transiting the Federal Republic of Germany.

5. Attached below are the Foreign Trade and Payments Ordinance (Sections 74, 75, and 76

require special attention) and Part I Section A of the Export List.

POC: USTRANSCOM J3-S Foreign Military Sales Branch; DSN: 312.770.7415

Expiration: N/A

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Working Translation

Foreign Trade and Payments Ordinance

(Außenwirtschaftsverordnung - AWV)

of 2 August 2013

(Federal Law Gazette I p. 2865)

The following Ordinance is enacted on the basis

- of Section 12 subsection 1 sentence 1 in conjunction with Section 3 subsection 3, Section 4subsection 1 and 3, Section 5, Section 9 sentence 1, Section 11, Section 19 subsection 4 sentence2 and Section 27 subsection 4 sentence 2 and 3 of the Foreign Trade and Payments Act of 6 June2013 (Federal Law Gazette I p. 1482), by the Federal Government and

- of Section 12 subsection 1 sentence 2 in conjunction with Section 4 subsection 2 and 3 of theForeign Trade and Payments Act of 6 June 2013 (Federal Law Gazette I p. 1482) by the FederalMinistry of Economics and Technology in agreement with the Federal Foreign Office and the Fed-eral Ministry of Finance:

Table of contents

Chapter 1

General Provisions

Section 1 Application for licences

Section 2 Certificates pursuant to Article 9 of Directive 2009/43/EC

Section 3 Requirements as regards form

Section 4 Collective licences

Section 5 Return of administrative acts

Section 6 Retention of administrative acts

Section 7 Boycott declaration

Chapter 2

Export and transfer from Germany

D i v i s i o n 1

R e s t r i c t i o n s

Subdivision 1

Exports requiring a licence

Section 8 Licensing requirements for the export of goods cited in Part I of the Export List

Section 9 Licensing requirements for the export of non-dual-use goods

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Section 10 Licensing requirements for the export of goods cited in Part II of the Export List

Subdivision 2

Transfer from Germany subject to licence

Section 11 Licensing requirements for the transfer of goods

D i v i s i o n 2

P r o c e d u r a l a n d r e p o r t i n g p r o v i s i o n s

Subdivision 1

Export and re-export

Section 12 Presentation and declaration

Section 13 Supplementary provisions for the presentation and declaration in connection with maritime vessels

Section 14 Procedure for the processing by the customs office

Section 15 Incomplete customs declaration and simplified declaration procedure

Section 16 Local clearance procedure

Section 17 Single-stage export procedure

Section 18 Collection of export data on the export of oil and gas

Section 19 Export of fruit and vegetables

Section 20 Re-exports

Subdivision 2

Exports requiring a licence

Section 21 Export licence

Section 22 Information and accounting obligations

Section 23 Export clearance

Section 24 Data exchange

Section 25 Export clearance in another Member State

Section 26 Recording requirements

Subdivision 3

Transfer subject to licence and certification procedure

Section 27 Applicable provisions

Section 28 Certification procedure

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Chapter 3

Import

D i v i s i o n 1

R e s t r i c t i o n s a n d g e n e r a l p r o c e d u r a l p r o v i s i o n s

Section 29 Restrictions on use

Section 30 Confirmations of International Import Certificates and Delivery Verification Certificates

D i v i s i o n 2

I m p o r t c l e a r a n c e

Section 31 Application for import clearance

Section 32 Import documents

Section 33 Procedure for import clearance

Section 34 Collecting of import data

Section 35 Import control report

Section 36 Prior import monitoring

Section 37 Import clearance in the case of prior import monitoring

Section 38 Certificate of Origin and Declaration of Origin

Section 39 Import licence

Section 40 Facilitated procedure for agricultural goods

Section 41 Facilitated procedure for other goods

Section 42 Import of horticultural products

Section 43 Enforcement measures

Chapter 4

Other movements of goods

D i v i s i o n 1

T r a n s i t

Section 44 Restrictions on the transit of goods

Section 45 Transit procedure

D i v i s i o n 2

T r a f f i c k i n g a n d b r o k e r i n g t r a n s a c t i o n s

Section 46 Licensing requirements for trafficking and brokering transactions involving goods of Part I Section A of the ExportList

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Section 47 Licensing requirements for trafficking and brokering transactions in a third country

Section 48 Import documents for trafficking and brokering transactions

Chapter 5

Movement of services

Section 49 Licensing requirements for technical support relating to chemical or biological weapons or nuclear weapons

Section 50 Licensing requirements for technical support relating to military end-use

Section 51 Licensing requirements for technical support in Germany

Section 52 Licensing requirements for technical support in relation to the construction or operation of nuclear facilities

Section 53 Exemptions from the licensing requirement

Chapter 6

Restrictions on movements of capital

D i v i s i o n 1

R e s t r i c t i o n s p u r s u a n t t o S e c t i o n 4 s u b s e c t i o n 2 o f t h e F o r e i g n T r a d e

a n d P a y m e n t s A c t t o f u l f i l t h e A g r e e m e n t o n G e r m a n E x t e r n a l D e b t s

Section 54 Effecting of payments and other performances

D i v i s i o n 2

E x a m i n a t i o n o f c o r p o r a t e a c q u i s i t i o n s

Subdivision 1

Cross-sectoral examination of corporate acquisitions

Section 55 Scope of application of the cross-sectoral examination

Section 56 Voting rights

Section 57 Documentation on the acquisition

Section 58 Certificate of non-objection

Section 59 Prohibition or instructions

Subdivision 2

Sector-specific examination of corporate acquisitions

Section 60 Scope of application of the sector-specific examination

Section 61 Clearance of an acquisition pursuant to Section 60

Section 62 Prohibition or instructions

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Chapter 7

Reporting requirements for movements of capital and payments

D i v i s i o n 1

D e f i n i t i o n o f t e r m s

Section 63 Definition of terms

D i v i s i o n 2

R e p o r t i n g r u l e s f o r c a p i t a l m o v e m e n t s

Section 64 Reporting of assets of German residents abroad

Section 65 Reporting of assets of foreigners in Germany

Section 66 Reporting of claims and liabilities

D i v i s i o n 3

R e p o r t i n g o f p a y m e n t s

Section 67 Reporting of payments

Section 68 Reporting of payments in transit trade

Section 69 Reporting of payments of maritime shipping companies

Section 70 Reports of the financial institutions

D i v i s i o n 4

R e p o r t i n g d e a d l i n e s , r e p o r t i n g o f f i c e s a n d e x c e p t i o n s f r o m t h e r e -

p o r t i n g r e q u i r e m e n t

Section 71 Reporting deadlines

Section 72 Reporting office and means of submission

Section 73 Exceptions

Chapter 8

Restrictions against certain countries and persons

D i v i s i o n 1

P r o h i b i t i o n s o f e x p o r t s , t r a f f i c k i n g a n d b r o k e r i n g

Section 74 Prohibitions of exports of goods cited in Part I Section A of the Export List

Section 75 Prohibition of trafficking and brokering transactions relating to goods cited in Part I Section A of the Export List

Section 76 Exceptions from Section 74 subsection 1 and Section 75

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D i v i s i o n 2

I m p o r t a n d t r a n s f e r p r o h i b i t i o n s

Section 77 Prohibitions of the import of goods covered by Part I Section A of the Export List from certain countries

D i v i s i o n 3

S p e c i a l l i c e n s i n g r e q u i r e m e n t s

Section 78 Licensing requirements for the export of certain equipment

D i v i s i o n 4

O f f e n c e s c o m m i t t e d b y G e r m a n s a b r o a d

Section 79 Restrictions pursuant to Section 5 subsection 5 of the Foreign Trade and Payments Act

Chapter 9

Criminal and administrative offences

D i v i s i o n 1

C r i m i n a l o f f e n c e s

Section 80 Criminal Offences

D i v i s i o n 2

A d m i n i s t r a t i v e o f f e n c e s

Section 81 Administrative offences - violations of provisions of the Foreign Trade and Payments Ordinance

Section 82 Administrative offences – violations of acts of the European Union

Chapter 10

Entry into force

Section 83 Entry into force, expiry

Annex 1 Annex AL to the Foreign Trade and Payments Ordinance

Annex 2 Instructions for providing data in the electronic export declarations (Annex A1)

Annex 3 Annex K3 “Assets of German residents abroad”

Annex 4 Annex K4 “Assets of foreigners in Germany”

Annex 5 Annex Z4 “Payments in foreign trade and payments transactions”

Annex 6 Annex Z5 “Claims and liabilities from financial relationships with foreign banks”

Annex 7 Annex Z5a Leaf 1/1 “Claims and liabilities from financial relationships with associated foreign non-banks”

Annex 8 Annex Z5a Leaf 1/2 “Claims and liabilities from financial relationships with other foreign non-banks”

Annex 9 Annex Z5a Leaf 2/1 Claims and liabilities with respect to associated foreign non-banks from movements of goods and ser-vices”

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Annex 10 Annex Z5a Leaf 2/2 “Claims and liabilities with respect to other foreign non-banks from movements of goods and services”

Annex 11 Annex Z5b “Claims and liabilities with respect to foreigners from derivative financial instruments”

Annex 12 Annex Z8 “Revenues and outgoings of maritime shipping”

Annex 13 Annex Z10 “Securities transactions and financial derivatives in foreign trade and payments transactions”

Annex 14 Annex Z11 “Payments for securities yields in foreign trade and payments transactions”

Annex 15 Annex Z12 “Incoming/outgoing payments related to the movement of travellers: card turnover”

Annex 16 Annex Z13 “Incoming/outgoing payments related to the movement of travellers: foreign notes and coin and travellerscheques denominated in foreign currency”

Annex 17 Annex Z14 “Interest income and similar yields in foreign trade and payments transactions (excluding securities)”

Annex 18 Annex Z15 “Interest payments and similar outgoings in foreign trade and payments transactions (excluding securities)”

Annex 19 Annex LV “List of performances of the Deutsche Bundesbank for the balance of payments”

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Chapter 1

General provisions

Section 1

Applications for licences

(1) Applications for the issuing of a licence can, unless stipulated otherwise below, be made

by anyone undertaking the legal transaction requiring a licence or the action requiring a licence.

Anyone who derives a claim from the legal transaction or a claim to the performance of the action

shall also be entitled to make an application.

(2) Licences in the form of a general instruction (Section 35 sentence 2 of the Administrative

Procedures Act) shall be issued ex officio.

Section 2

Certificates pursuant to Article 9 of Directive 2009/43/EC

(1) The Federal Office of Economics and Export Control (BAFA) shall upon application issue

a certificate to a participant in foreign trade and payments which certifies his reliability, particularly

with regard to his capacity to comply with the export provisions for goods cited in Part I Section A

of the Export List (Annex AL) which he obtains in the context of a licence from another Member

State of the European Union.

(2) In general, the following are necessary for certification of the applicant’s reliability:

1. proven experience in defence activities, taking into account in particular the applicant’s com-

pliance with export restrictions, any relevant court decisions and the employment of experi-

enced management staff;

2. relevant industrial activity with reference to goods cited in Part I Section A of the Export List in

Germany, and especially capacity for systems/subsystems integration;

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3. the appointment of a senior executive as the dedicated officer personally responsible for trans-

fers and exports, who is personally responsible for the internal programme of compliance with

export control procedures or the applicant’s transfer and export management system and for

the export and transfer audit staff and is a member of the managing body of the applicant;

4. a written commitment by the applicant signed by the senior executive cited in no. 3 that the

applicant will take all the necessary steps to observe and enforce all the conditions for the

end-use and export of a good cited in Part I Section A of the Export List which he receives;

5. a written commitment by the applicant signed by the senior executive cited in no. 3 that the

applicant in the case of inquiries or investigations will provide the competent authorities with

the necessary data on the end-users or the end-use of all goods which he exports, transfers or

receives under a licence of another Member State of the European Union;

6. a description of the internal compliance programme with the applicant’s export control proce-

dure or its transfer and export management system countersigned by the senior executive cit-

ed in no. 3 which shows clearly that the senior executive cited in no. 3 is in charge of supervis-

ing the staff of the departments responsible for the applicant’s export and transfer controls; this

description shall contain information on

a) the organisational, human and technical resources allocated to the management of trans-

fers and exports,

b) the allocation of responsibility at the applicant,

c) the internal audit procedures,

d) the measures to raise awareness and train the staff,

e) the arrangements to ensure physical and technical security,

f) the keeping of records,

g) the traceability of transfers and exports,

h) the address at which the competent authorities pursuant to Section 23 of the Foreign

Trade and Payments Act can examine the records of the goods cited in Part I Section A of

the Export List;

7. a declaration by the applicant that he

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a) will use for his own manufacturing the goods cited in Part I Section A of the Export List

which he receives on the basis of a general instruction which makes reference to the issu-

ing of the certificate and

b) will not finally release the goods in question or transfer them or export them to a third par-

ty except for the purpose of maintenance or repair.

(3) The certificate’s period of validity may not last longer than five years.

Section 3

Requirements as regards form

(1) Unless stipulated otherwise, administrative acts in foreign trade and payments transac-

tions must be undertaken in writing. The Federal Office of Economics and Export Control (BAFA)

can stipulate by general instruction to be published in the Federal Gazette that the undertaking of

an administrative act must be applied for on a special form. Section 3a of the Administrative Pro-

cedures Act shall not be applied.

(2) The Federal Office of Economics and Export Control (BAFA) can stipulate by general in-

struction to be published in the Federal Gazette from what point in time and under what precondi-

tions applications for the undertaking of an administrative act in foreign trade and payments trans-

actions can be submitted electronically and administrative acts can be undertaken electronically.

Section 4

Collective licences

The applicant can be issued with a licence for an indefinite number of similar legal transactions

or actions with one or several precisely defined end-users or third countries (collective licence) if

this appears appropriate in view of the intended repetition of the legal transactions or actions.

Section 5

Return of administrative acts

(1) The party to whom an administrative act is issued on paper must return the document

embodying this administrative act without delay to the competent authority if

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1. the administrative act issued becomes ineffective before it has been fully utilised,

2. the party to whom the administrative act is addressed abandons the intention to fully utilise the

administrative act, or

3. the administrative act or the document embodying this act has been substituted by a further

decision, in particular a duplicate, and the original administrative act no longer contains any

regulatory substance due to the substitution.

In all other respects this shall be without prejudice to Section 52 of the Administrative Procedures

Act.

(2) Via a general instruction to be published in the Federal Gazette, the competent authority

can stipulate from what point in time and under what preconditions the obligation to return the doc-

ument pursuant to subsection 1 can be dispensed with.

(3) This shall be without prejudice to the obligation to return the document on the basis of le-

gal acts of the European Union.

Section 6

Retention of administrative acts

(1) The party to whom an administrative act is addressed must retain the document embody-

ing this administrative act following the expiry of the validity of the administrative act for a period of

five years, unless the document has to be returned before this.

(2) Via a general instruction to be published in the Federal Gazette, the competent authority

can

1. stipulate from what point in time and under what preconditions the obligation to return the doc-

ument pursuant to subsection 1 can be dispensed with, or

2. regulate the other preconditions for the retention.

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Section 7

Boycott declaration

The issuing of a declaration in foreign trade and payments transactions whereby a resident

participates in a boycott against another country (boycott declaration) shall be prohibited.

Chapter 2

Export and transfer from Germany

D i v i s i o n 1

R e s t r i c t i o n s

Subdivision 1

Exports requiring a licence

Section 8

Licensing requirements for the export of goods cited in Part I of the Export List

(1) A licence shall be required for the export of the following goods:

1. the goods cited in Part I Section A of the Export List and

2. the goods cited in Part I Section B of the Export List.

(2) A licence pursuant to subsection 1 no. 1 shall not be required for the export of the follow-

ing goods to Switzerland, Norway and Iceland:

1. firearms within the meaning of Section 1 subsection 4 of the Weapons Act in conjunction with

Division 1 subdivision 1 no. 2 and Division 3 of Annex 1 to the Weapons Act, to the extent that

the Weapons Act and the ordinances on weapons law enacted on the basis of the Weapons

Act apply to these, including minor parts and accessories,

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2. ammunition within the meaning of Section 1 subsection 4 of the Weapons Act in conjunction

with Division 1 subdivision 3 no. 1 and 2 of Annex 1 to the Weapons Act, to the extent that

they are destined for firearms within the meaning of no. 1, including ammunition parts, and

3. reloading equipment to the extent that it is destined for the ammunition within the meaning of

no. 2.

(3) A licence pursuant to subsection 1 no. 2 shall not be required if according to the contract

on which the export is based such goods to the value of not more than 5000 euro are to be deliv-

ered. In derogation from sentence 1, the export of software and technology shall always require a

licence.

Section 9

Licensing requirements for the export of non-dual-use goods

(1) The export of goods which are not cited in the Export List or in Annex I of Council Regula-

tion (EC) No. 428/2009 of 5 May 2009 setting up a Community regime for the control of exports,

transfer, brokering and transit of dual-use items (OJ L 134 of 29 May 2009, p. 1), most recently

amended by Regulation (EU) No. 388/2012 (OJ L 129 of 16 May 2012, p. 12), shall be subject to a

licence if the exporter has been informed by the Federal Office of Economics and Export Control

(BAFA) that

1. these goods are or can be wholly or party destined for the construction or the operation of a

facility for nuclear purposes within the meaning of Category 0 of Annex I of Regulation (EC)

No. 428/2009 or for installation in such a facility and

2. the country of destination is Algeria, Iran, Iraq, Israel, Jordan, Libya, the Democratic People’s

Republic of Korea, Pakistan or Syria.

To the extent that reference is made in sentence 1 and below to an Annex of Regulation (EC) No.

428/2009, the Annex shall apply in the version applicable at the time.

(2) If the exporter is aware that goods which he would like to export and which are not cited in

the Export List or in Annex I of Regulation (EC) No. 428/2009 are destined for a purpose cited in

subsection 1 and the country of destination is one of those cited in subsection 1, he must inform

the Federal Office of Economics and Export Control (BAFA) of this. The latter shall decide whether

the export is subject to a licence. The goods may not be exported until the Federal Office of Eco-

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nomics and Export Control (BAFA) has licensed the export or has decided that no licence is re-

quired.

(3) Subsections 1 and 2 shall not apply

1. in the field regulated by Article 4 of Regulation (EC) No. 428/2009,

2. in cases in which according to the contract on which the export is based such goods are to be

exported to the value of not more than 5000 euro; the export of software and technology shall

always be subject to a licence irrespective of its value.

Section 10

Licensing requirements

for the export of goods cited in Part II of the Export List

(1) The export of the goods marked by “G” in Part II column 3 of the Export List shall be sub-

ject to a licence. This shall not apply if the goods correspond to the marketing standards or the

minimum requirements published in the Official Journal of the European Union which have been

stipulated in Council Regulation (EC) No. 1234/2007 of 22 October 2007 establishing a common

organisation of agricultural markets and on specific provisions for certain agricultural products

(Single CMO Regulation; OJ L 299 of 16 November 2007, p. 1), most recently amended by Regu-

lation (EU) No. 52/2013 (OJ L 20 of 23 January 2013, p. 44), in the version applicable at the time.

Sentence 2 shall not be applied to the extent that exceptions are provided in Regulation (EC) No.

1234/2007 regarding compliance with the marketing standards or minimum requirements.

(2) The export of the goods marked by “G 1” in Part II column 3 of the Export List shall be

subject to a licence. This shall not apply if the prices of the goods do not fall below the minimum

prices stipulated by Commission regulations on the basis of Regulation (EC) No. 1234/2007 or if

no minimum prices are stipulated.

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Subdivision 2

Transfer from Germany subject to licence

Section 11

Licensing requirements for the transfer of goods

(1) The transfer of goods cited in Part I Section A of the Export List shall be subject to a li-

cence. This shall not apply to

1. firearms within the meaning of Section 1 subsection 4 of the Weapons Act in conjunction with

Division 1 subdivision 1 no. 2 and Division 3 of Annex 1 to the Weapons Act, to the extent that

the Weapons Act and the ordinances on weapons law enacted on the basis of the Weapons

Act apply to these, including minor parts and accessories,

2. ammunition within the meaning of Section 1 subsection 4 of the Weapons Act in conjunction

with Division 1 subdivision 3 no. 1 and 2 of Annex 1 to the Weapons Act, to the extent that

they are destined for firearms within the meaning of no. 1, including ammunition parts, and

3. reloading equipment to the extent that it is destined for ammunition within the meaning of no.

2.

(2) The transfer of the goods cited in Part I Section B of the Export List shall be subject to a

licence if the operator is aware that the final destination of the goods is outside the European Un-

ion.

(3) The transfer of goods which are not cited in the Export List or in Annex I of Regulation

(EC) No. 428/2009 shall be subject to a licence if the final destination of the goods lies outside the

European Union and the operator has been informed by the Federal Office of Economics and Ex-

port Control (BAFA) that these goods are or can be wholly or partly destined for the construction or

operation of a facility for nuclear purposes within the meaning of Category 0 of Annex I of Regula-

tion (EC) No. 428/2009 or for installation in such a facility and the country of destination is one cit-

ed in Section 9 subsection 1 sentence 1 no. 2.

(4) If the operator is aware that goods within the meaning of subsection 3 which he would like

to transfer and the final destination of which lies outside the European Union are destined for a

purpose cited in subsection 3 and the country of destination is one cited in Sec-

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tion 9 subsection 1 sentence 1 no. 2, he must inform the Federal Office of Economics and Export

Control (BAFA) of this. The latter shall decide whether the transfer is subject to a licence. The

goods may not be transferred until the Federal Office of Economics and Export Control (BAFA) has

licensed the transfer or has decided that no licence is required.

(5) Subsections 2 to 4 shall not apply if

1. the export of the goods pursuant to Section 8 or Section 9 is subject to a licence and a general

licence exists for such an export,

2. the goods are to be subjected to treatment or processing within the meaning of Article 24 of

Council Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the Community Cus-

toms Code (OJ L 302 of 19 October 1992, p. 1, L 79 of 1 April 1993, p. 84, L 97 of 18 April

1996, p. 38), most recently amended by Regulation (EC) No. 1186/2009 (OJ L 324 of 10 De-

cember 2009, p. 23) in the Member State to which they are to be transferred or

3. goods are to be exported to the value of not more than 5000 euro; the export of software and

technology shall always be subject to a licence irrespective of its value.

D i v i s i o n 2

P r o c e d u r a l a n d r e p o r t i n g p r o v i s i o n s

Subdivision 1

Export and re-export

Section 12

Presentation and declaration

(1) Every export consignment must be presented to the customs office of export by the de-

clarant prior to the export along with an export declaration or a customs declaration in the form of

an export declaration.

(2) Anyone who as exporter pursuant to Article 788 of Commission Regulation (EEC) No.

2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC)

- 17 -

No 2913/92 establishing the Community Customs Code (OJ L 253 of 11 October 1992, p. 1, L 268

of 19 October 1994, p. 32, L 180 of 19 July 1996, p. 34, L 156 of 13 June 1997, p. 59, L 111 of 29

April 1999, p. 88), most recently amended by Regulation (EU) No. 58/2013 (OJ L 21 of 24 January

2013, p. 19), in the version applicable at the time, or as a declarant pursuant to Article 64 of Regu-

lation (EEC) No. 2913/92 wishes to ship goods out of the customs territory of the European Union,

must submit the following customs declaration:

1. an export declaration within the meaning of Article 161(5) sentence 1 of Regulation (EEC) No.

2913/92 in line with the requirements of Article 787(1) and Article 792(2) in conjunction with

Articles 279 to 289 and annexes 37 and 30A of Regulation (EEC) No. 2454/93,

2. the export declaration within the meaning of Article 161(5) sentence 1 of Regulation (EEC) No.

2913/92 in line with the deadlines of Articles 592b and 592c of Regulation (EEC) No. 2454/93

or

3. a customs declaration in the form of an export declaration pursuant to Article 182(3) sentence

3 and 4 of Regulation (EEC) No. 2913/92 in line with the requirements of Article 841(1), Article

787(1) and (2) and Article 792(2) in conjunction with Articles 279 to 289 and annexes 37 and

30A of Regulation (EEC) No. 2454/93.

(3) The customs declaration pursuant to subsection 2 must, except in the cases of Articles

226, 231 or 237 of Regulation (EEC) No. 2454/93, be submitted electronically and must contain the

data pursuant to Annex A 1 of this Ordinance. The customs declaration must be submitted using

the ATLAS electronic export procedure or the internet export declaration Plus in line with the rele-

vant procedural instruction for the ATLAS electronic export procedure, published by the Federal

Ministry of Finance in its official journal. In the case of a fault in the data processing system of the

customs office or of the declarant, the declarant must transmit the customs declaration to the cus-

toms office in line with the requirements of Article 787(2) of Regulation (EEC) No. 2454/93.

(4) The customs office can upon request permit the presentation at a different place in the

district of the customs office of export if the goods are being packed or loaded there and the export

declaration or a customs declaration in the form of an export declaration is submitted in time for the

export consignment to be processed by the customs office. If the export consignment is not de-

clared electronically, the application pursuant to sentence 1 shall be submitted on a form which is

stipulated by the Federal Ministry of Finance by a general instruction published in the Federal Ga-

zette. The non-physical transmission of goods does not need to be processed by the customs of-

fice.

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(5) For goods transported in pipelines, the competent customs office at the point of exit shall

be every customs office in whose district access to the pipeline in which the good is transported

exists.

Section 13

Supplementary provisions for the presentation and declaration in connection with maritime

vessels

(1) The carrier, the transporter or, if there is no freight transaction, the owner of the load must

submit for each vessel departing seawards from a maritime port a cargo manifest pursuant to sub-

section 2 and 3 sentence 1 to the competent main customs office.

(2) The cargo manifest must contain the following data:

1. the name of the carrier, the vessel, the port of loading and the port of unloading,

2. the number, type and identifiers of the containers,

3. the designation and the quantity of the laden goods in line with the bill of lading or other cargo

documents and

4. the declaration that the cargo manifest includes all the goods laden on the vessel.

(3) The cargo manifest must be submitted to the main customs office immediately following

the completion of loading. The main customs office can demand that cargo manifests which are

produced by means of a data-processing facility are submitted on data media which can be pro-

cessed by machine or via long-distance data transmission.

(4) The main customs office can, to the extent that the supervision of the export is not im-

paired, dispense in general or in an individual case with the submission of a cargo manifest.

(5) In the case of unladen vessels the master of the vessel must declare in writing before the

departure of the vessel that the vessel is unladen.

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Section 14

Procedure for the processing by the customs office

(1) In order to examine the admissibility of the export, the customs office of export and the

customs office at the point of exit can demand further data and evidence from the exporter or the

declarant, in particular also the presentation of the documents of lading.

(2) The customs office at the point of exit shall reject the customs processing if the customs

office of export has not certified the necessary customs processing or if in the case of a failure of

the data processing systems the prior authentication pursuant to Article 286(2) of Regulation (EEC)

No. 2454/93 is lacking. In these cases, in the case of shipment by a postal company, the post of-

fice, or in the case of shipment by a rail company, the dispatching office shall refuse to accept the

goods.

(3) The declarant may not remove goods or have them removed or load goods or have them

loaded prior to the conclusion of the examination by the customs office of export from the place of

presentation or from the permitted place pursuant to Section 12 subsection 4 prior to the expiry of

the time cited in the application pursuant to Section 12 subsection 4.

(4) The declarant may not remove goods or have them removed or load goods or have them

loaded prior to the conclusion of the examination by the customs office at the point of exit from the

place of presentation.

Section 15

Incomplete customs declaration and simplified declaration procedure

(1) If a declarant wishes to make use of the incomplete declaration pursuant to Article 280(1)

subparagraph 1 of Regulation (EEC) No. 2454/93, he must at least provide the data required pur-

suant to Annex 30A of Regulation (EEC) No. 2454/93 for this procedure in the export declaration or

in a customs declaration in the form of an export declaration. Where the goods are liable for export

duties or subject to any other measures provided for under the common agricultural policy, the de-

clarant pursuant to Article 280(1) subparagraph 3 of Regulation (EEC) No. 2454/93 must also pro-

vide all the information required for the proper application of such duties or measures.

(2) If the preconditions for an incomplete customs declaration pursuant to Article 253(1) and

Articles 280 and 281 of Regulation (EEC) No. 2454/93 are met, the declarant can summarise the

- 20 -

data of several incomplete customs declarations in a supplementary or replacement declaration if

the entire export procedure takes place in Germany and the goods are exported in a single export

consignment.

(3) The main customs office shall be competent for approving the simplified declaration pro-

cedure pursuant to Article 253(2) and Article 282 of Regulation (EEC) No. 2454/93.

Section 16

Local clearance procedure

(1) In the application for approval of a local clearance procedure pursuant to Article 253(3)

and Articles 283 to 287 of Regulation (EEC) No. 2454/93, the goods to be exported must be identi-

fied and the number of the commodity classification for foreign trade statistics must be cited; the

latter is issued by the Federal Statistical Office in 65189 Wiesbaden, Gustav-Stresemann-Ring 11,

and can also be obtained via www.destatis.de.

(2) If a large number of diverse goods are to be exported constantly, these can be cited in the

application pursuant to subsection 1 in groups of goods with a collective indication and with the

relevant item or chapter number of the commodity classification.

(3) The main customs office shall be competent for approving the local clearance procedure.

Section 17

Single-stage export procedure

(1) By approving a “trusted exporter”, the main customs office can issue an approval to ex-

porters which constantly export numerous consignments to declare and present the goods directly

to the customs office at the point of exit by lodging a simplified electronic export declaration, if

1. the entire export procedure takes place in Germany,

2. the ongoing, complete and correct recording of the export consignments in line with the nature

of the corporate accounts, particularly with the help of an electronic data processing facility, is

ensured at the exporter and

3. the supervision of the export is not impaired.

- 21 -

(2) The main customs office pursuant to Section 24 subsection 1 of the Customs Ordinance

shall be responsible for the approval of the single-stage export procedure pursuant to subsection 1.

The Federal Ministry of Finance shall publish the preconditions governing participation in electronic

data transmission in the procedural instruction for the ATLAS electronic export procedure in its offi-

cial journal.

(3) In the approval, the following shall be stipulated:

1. the goods and countries of destination it applies to,

2. which of the data pursuant to Annex 30A Table 1 Column 2 of Regulation (EEC) 2454/93 are

required in addition to the approval number for the simplified electronic export declaration,

3. the nature of and the preconditions for the release of the goods for export,

4. the necessary accompanying documentation for the examination of admissibility by the cus-

toms office at the point of exit or the data storage media replacing it and the way in which they

are declared valid,

5. the procedure for the transmission of data for the supplementary electronic export declaration

which are required pursuant to Annex A1 of this Ordinance in conjunction with Annex 37 of

Regulation (EEC) No. 2454/93.

(4) The exporter must in the case of an export in a procedure pursuant to subsection 1 pro-

vide the data pursuant to subsection 3 no. 2 to the customs office at the point of exit. If the export

of goods requires a licence, he must also state whether a licence exists in the form of a general in-

struction or a collective licence.

(5) The exporter must lodge a supplementary electronic export declaration within 30 days af-

ter the acceptance of the simplified electronic export declaration by the customs office at the point

of exit. Therein he must provide the data which are required pursuant to Annex A1 of this Ordi-

nance in conjunction with Annex 37 of Regulation (EEC) No. 2454/93. There is no need for a sim-

plified electronic export declaration and a presentation of the goods to the customs office of export.

(6) The customs authority can permit the declarant to present to the customs office at the

point of exit a written export declaration with the data cited in subsection 3 no. 2 in the case of a

failure of the data processing system of the customs office or of the declarant. The provisions of

the procedural instruction pursuant to subsection 2 sentence 2 shall apply mutatis mutandis.

- 22 -

Section 18

Collection of export data on the export of oil and gas

(1) When goods with commodity codes 2707 10 10 to 2707 50 90, 2709 00 10 to 2711 14 00,

2711 21 00, 2711 29 00, 2712 10 10 to 2712 90 11, 2712 90 31 to 2713 20 00, 2713 90 90, 3403

19 91 and 3403 19 99 of the commodity classification for foreign trade statistics are exported, the

exporter must provide the following data to the Federal Office of Economics and Export Control

(BAFA) for the purpose of market observation:

1. the name and address of the exporter,

2. the description of the goods and the commodity code,

3. the number assigned to the exporter for the registration and identification of the economic op-

erators within the meaning of Article 1 no. 16 of Regulation (EEC) No. 2454/93 (EORI num-

ber),

4. the procedure code,

5. the country of destination,

6. the net weight of the goods,

7. the supplementary unit,

8. the customs office of export,

9. the date of exit.

The exporter shall transmit these data to the competent customs office by electronic means to-

gether with the export declaration.

(2) The Centre for Data Processing and Information Technology (ZIVIT) shall forward the da-

ta on behalf of the competent customs office for the purpose of market observation to the Federal

Office of Economics and Export Control (BAFA).

(3) The Federal Office of Economics and Export Control (BAFA) shall delete the data after a

period of two years at the latest. The period shall begin at the end of the year in which the data

were transferred from the competent customs office.

- 23 -

Section 19

Export of fruit and vegetables

(1) In the case of an export which is not subject to an export licence of fruit and vegetables

which are marked with “G” in Part II Chapters 7 and 8 of the Export List, one of the following doc-

uments must be presented to the customs office of export together with the export declaration:

1. a valid certificate pursuant to the version in force at the time of Annex III of Commission Im-

plementing Regulation (EU) No. 543/2011 of 7 June 2011 laying down detailed rules for the

application of Council Regulation (EC) No. 1234/2007 in respect of the fruit and vegetables

and processed fruit and vegetables sectors (OJ L 157 of 15 June 2011, p. 1), most recently

amended by Regulation (EU) No. 988/2012 (OJ L 297 of 26 October 2012, p. 9) (conformity

certificate),

2. a communication from the competent inspection body that a conformity certificate has been is-

sued for the relevant parties, or

3. a communication from the competent inspection body that a conformity certificate has been

dispensed with for the relevant parties on the basis of a risk analysis (waiver).

If the entire export procedure takes place in Germany, the document required pursuant to nos. 1 to

3 can be presented to the customs office at the point of exit.

(2) If the export clearance takes place electronically pursuant to Section 12 subsection 3 sen-

tence 1, the exporter must ensure that the documents cited in subsection 1 are available to himself

or to his representative at the time when the export clearance is applied for. The presentation of

the documents in paper form shall only be necessary for export clearance if the customs office so

requires. The documents shall be presented to the competent customs office on a monthly basis or

in line with a specific agreement. The documents must include the registration number of the ex-

port declaration.

(3) In the case of the export which is not subject to a licence of the goods cited in subsection

1 sentence 1 in the common transit procedure for the carriage of goods by rail pursuant to Annex I

Title III Chapter VII or with simplifications in the common transit procedure “status of an authorised

consignor” pursuant to Annex I Title III Chapter V of the Convention of 20 May 1987 between the

European Economic Community, the Republic of Austria, the Republic of Finland, the Republic of

Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on a com-

mon transit procedure (OJ L 226 of 13 August 1987, p. 2), most recently amended by Decision No.

- 24 -

4/2012 (OJ L 297 of 26 October 2012, p. 34), in the version applicable at the time, instead of the

document required pursuant to subsection 1, a copy of this document can be presented to the cus-

toms office of export together with the export accompanying document in accordance with Annex-

es 45g and 45h of Regulation (EEC) No. 2454/93 or in the fall-back procedure with Copy No. 3 of

the Single Administrative Document Export/Security pursuant to Annexes 45k and 45l of Regula-

tion (EEC) No. 2454/93. Subsection 2 shall apply mutatis mutandis.

(4) In the case of export which is not subject to a licence of the goods cited in subsection 1

sentence 1 in the local clearance procedure pursuant to Article 283 and Article 285a(1)a of Regula-

tion (EEC) No. 2454/93, instead of the document required pursuant to subsection 1, a copy of this

document can be presented to the customs office of export within 30 days of the release of the ex-

port consignment in the export procedure. The copy must bear the registration number of the origi-

nal export declaration.

(5) In the case of export which is not subject to an export licence of processed fruit and vege-

tables for which marketing standards or minimum requirements have been enacted on the basis of

Regulation (EC) No. 1234/2007, either a conformity certificate or a waiver of the Federal Agency of

Agriculture and Food must be presented to the customs office of export together with the export

declaration. Subsection 2 shall apply mutatis mutandis.

Section 20

Re-exports

To the extent that re-exports pursuant to Article 182(3) sentence 3 of Regulation (EEC) No.

2913/92 require a customs declaration, the provisions of this subdivision shall apply mutatis mu-

tandis.

Subdivision 2

Exports requiring a licence

Section 21

Export licence

(1) Only the exporter can apply for an export licence.

- 25 -

(2) The application for licensing of the export of goods cited in Part I of the Export List must

be accompanied by documents providing evidence of the end-user, the final destination and the in-

tended purpose. The Federal Office of Economics and Export Control (BAFA) can dispense with

the presentation of these documents or require documents other than those cited in sentence 1 as

evidence of the destination of the goods.

(3) In the case of certain countries, the Federal Office of Economics and Export Control

(BAFA) can recognise an International Import Certificate of the country of destination.

(4) Further details shall be determined by the Federal Office of Economics and Export Control

by way of a general instruction to be published in the Federal Gazette.

Section 22

Information and accounting obligations

(1) Exporters of the goods cited in Part I Section A of the Export List shall be required to in-

form the recipient at the latest when the export takes place of the restrictions stipulated in the is-

sued export licence regarding an export from the country of destination.

(2) Without prejudice to other legal provisions, the exporter shall be required to keep detailed

registers or records of his exports of the goods cited in Part I Section A of the Export List. These

must contain commercial documents with the following data:

1. the description of the good and its item number in the Export List,

2. the quantity and value of the good,

3. the date of the export or of individual partial exports,

4. the name and the address of the exporter and the recipient,

5. where known, the end-use and the end-user of the good and

6. the statement that the recipient has been informed in accordance with subsection 1.

(3) The registers or records pursuant to subsection 2 sentence 1 shall be retained for a period

of five years following the end of the calendar year in which the export took place.

- 26 -

Section 23

Export clearance

(1) If the export clearance is undertaken on the basis of an electronic export declaration pur-

suant to Section 12 subsection 3 sentence 1, it shall generally not be necessary to present the ex-

port licence in paper form at the export clearance. The exporter must however ensure that the ex-

port licence is available to himself or to his representative at the time when the export clearance is

applied for. In the case of Section 12 subsection 3 sentence 3, the declarant must transmit the ex-

port licence with the written export declaration to the competent customs office.

(2) For the export clearance, the declarant must provide the following data in the electronic

export declaration with regard to the export licence:

1. the coding of the licence,

2. the item number on the Export List or in Annex I of Regulation (EC) No. 428/2009,

3. the reference number,

4. the date of issue and

5. the cessation of validity.

(3) In the case of exports based on licences in the form of general instructions, the data pur-

suant to subsection 2 no. 3 to 5 are not required.

(4) If the declarant has received a certificate from the Federal Office of Economics and Export

Control (BAFA) confirming that the export does not require a licence, he must state the following

regarding the certificate in the electronic export declaration for the export clearance:

1. the coding of the certificate,

2. the reference number,

3. the date of issue and

4. the cessation of validity.

(5) The export licences issued by the Federal Office of Economics and Export Control (BAFA)

shall be transcribed electronically by the customs offices. Export licences for the repeated tempo-

rary export or export licences issued in other Member States of the European Union must be pre-

- 27 -

sented by the declarant in paper at the electronic export clearance and shall be transcribed manu-

ally by the customs office.

(6) If a transcription is necessary, the declarant must also provide the following data in addi-

tion to the data pursuant to subsection 2:

1. the value and, to the extent that the export licence contains data on this, the quantity of the

goods to be exported and

2. the serial number of the goods item in the licence.

Section 24

Data exchange

(1) For the purpose of export clearance of goods requiring an export licence, the competent

customs office shall access the data from the export licences issued by the Federal Office of Eco-

nomics and Export Control (BAFA) via the Centre for Data Processing and Information Technology

(ZIVIT) from the Federal Office of Economics and Export Control (BAFA). If the Federal Office of

Economics and Export Control (BAFA) has issued a certificate confirming that the export does not

require a licence, this certificate shall replace the export licence pursuant to sentence 1.

(2) The Centre for Data Processing and Information Technology (ZIVIT) shall forward the fol-

lowing data to the Federal Office of Economics and Export Control (BAFA) on behalf of the compe-

tent customs office for the purpose of tracing the utilisation of issued export licences:

1. the value of the exported goods,

2. the time of exit,

3. the number of the export licence,

4. the item number on the Export List or in Annex I of Regulation (EC No. 428/2009) and

5. where cited, the quantity of the goods exported and the serial number of the goods item in the

licence.

(3) The competent customs office and the Federal Office of Economics and Export Control

(BAFA) shall delete the data transmitted pursuant to subsections 1 and 2 after a period of five

years at the latest, to the extent that they do not have to be retained pursuant to other provisions.

- 28 -

The period shall begin at the end of the year in which the data were transmitted to the competent

customs office or the Federal Office of Economics and Export Control (BAFA).

Section 25

Export clearance in another Member State

(1) If the exporter wishes to use an export licence issued by the Federal Office of Economics

and Export Control (BAFA) for export clearance in another Member State of the European Union,

he must present the export licence together with the export accompanying document or a compa-

rable export document under customs law to the customs office competent for him or for his com-

pany headquarters within a month after the exit of the goods from the customs territory of the Eu-

ropean Union.

(2) Following the retrospective electronic recording of the export licence by the competent

customs office, the Centre for Data Processing and Information Technology (ZIVIT) shall forward

the following data to the Federal Office of Economics and Export Control (BAFA) on behalf of the

competent customs office for the purpose of tracing the utilisation of issued export licences:

1. the data cited in Section 24 subsection 2 no. 1 and 3 to 5 and

2. the time of the retrospective recording.

(3) Section 24 subsection 3 shall apply mutatis mutandis.

Section 26

Recording requirements

(1) The exporter shall be required to keep detailed registers or records for each transcription

undertaken by a customs office pursuant to Section 23 or Section 25 with reference to the export

declaration. These must contain the following data:

1. the registration number of the export declaration,

2. the date of acceptance of the export declaration,

3. the designation of the customs office at which the transcription took place,

- 29 -

4. the application number for the licence,

5. the quantity or the value of the transcribed goods and

6. the residual quantity or the residual value of the goods.

(2) The registers or records must be kept for a period of five years.

Subdivision 3

Transfer subject to licence and certification procedure

Section 27

Applicable provisions

Section 21 shall apply mutatis mutandis to the transfer of goods requiring a licence. Further-

more, Section 22 shall apply mutatis mutandis to the transfer of goods cited in Part I Section A of

the Export List.

Section 28

Certification procedure

(1) The Federal Office of Economics and Export Control (BAFA) shall stipulate by way of a

general instruction to be published in the Federal Gazette the documents to be attached to the ap-

plication for the issue of a certificate pursuant to Section 2.

(2) Section 6 subsection 1 shall apply mutatis mutandis to certificates.

(3) The Federal Office of Economics and Export Control (BAFA) shall publish and regularly

update a list of the certified recipients and shall inform the European Parliament, the other Member

States of the European Union and the European Commission of its content so that these bodies

can publish a central register of the recipients certified by the Member States on their website.

- 30 -

Chapter 3

Import

D i v i s i o n 1

R e s t r i c t i o n s a n d g e n e r a l p r o c e d u r a l p r o v i s i o n s

Section 29

Restrictions on use

If the import of a good is permitted under the precondition or licensed under the condition that

the good may only be used in a certain way, the seller must inform in a verifiable way every pur-

chaser of the good of this restriction on use when it is sold. The importer and the purchaser may

only use the good in the prescribed manner.

Section 30

Confirmations of International Import Certificates and Delivery Verification Certificates

(1) Anyone who imports or transfers goods into Germany can apply for an International Im-

port Certificate (IIC) or a Delivery Verification Certificate (DVC) from the Federal Office of Econom-

ics and Export Control (BAFA). Section 21 subsection 2 shall apply mutatis mutandis. The applica-

tion should be approved if the certificate is required for presentation to a foreign export control au-

thority.

(2) The importer or operator must apply for the International Import Certificate on a form in

line with Annex E6 and for the Delivery Verification Certificate on a form in line with Annex E7 and

provide the data required by these forms. Section 21 subsection 2 sentence 2 shall apply mutatis

mutandis.

(3) Documentation of the import or transfer of the good described in the application for the In-

ternational Import Certificate must be provided to the Federal Office of Economics and Export Con-

trol (BAFA) without delay. If the applicant abandons his intention to import the good or to transfer it

into Germany, he must report this without delay to the Federal Office of Economics and Export

- 31 -

Control (BAFA) and return the certificate without delay or inform it of its whereabouts. If the appli-

cant wishes to deliver the good to another country of destination, he must, before the good leaves

the country of dispatch, obtain from the Federal Office of Economics and Export Control (BAFA) a

new certificate which cites this country of destination.

(4) Section 8 subsection 1 and subsection 2 sentence 1 of the Foreign Trade and Payments

Act shall apply mutatis mutandis.

D i v i s i o n 2

I m p o r t c l e a r a n c e

Section 31

Application for import clearance

(1) The importer must apply for the import clearance at a customs office. Instead of the im-

porter, a Union resident can apply for the import clearance on his own behalf for goods which are

being delivered on the basis of an import contract if he

1. has been involved in the conclusion of the import contract as a trade representative of the non-

Union contracting party or,

2. exercising his occupation on the basis of a contract with the non-Union contracting party,

a) is involved in the shipment of the goods or

b) lodges the customs declaration to transfer the goods to free circulation.

(2) The application for import clearance must be made

1. when the customs declaration to transfer the goods to free circulation is lodged or

2. prior to the use, consumption, treatment or processing of the goods in a free zone or on the is-

land of Heligoland.

Upon application of the importer, the import clearance can be brought forward in time. This shall be

without prejudice to Section 42 subsection 1 and 3.

- 32 -

(3) If the importer is allowed to undertake the customs declaration in the simplified procedure

pursuant to Article 76(1) of Regulation (EEC) No. 2913/92, in derogation of subsection 2 no. 1 the

necessary documents do not need to be presented until the supplementary customs declaration is

presented if they are available at the time of the lodging of the customs declaration of the goods. In

order to safeguard the interests of import regulations, however, the customs office can require that

the relevant documents are presented to it

1. with the incomplete or simplified customs declaration,

2. immediately following local clearance or

3. when the goods are transferred to free circulation in the local clearance procedure with ex-

emption from presentation prior to the local clearance procedure.

(4) The application can be lodged electronically or on paper.

(5) The importer must cite in the application the description of the goods in language accord-

ing to commercial practice or common usage and the number of the commodity classification for

the foreign trade statistics.

Section 32

Import documents

(1) If the import declaration is applied for electronically, the importer must ensure that the fol-

lowing documents are available to him or to his representative at the time of the application for the

import clearance:

1. the invoice or other documents disclosing the country of purchase or dispatch and the country

of origin of the goods, and,

2. if so envisaged in an act of the European Union,

a) a Certificate of Origin or a Declaration of Origin in accordance with Section 38,

b) a monitoring document in accordance with Section 36,

c) an import licence in accordance with Section 39 or an import licence in the context of a

common market organisation or a trade regime,

- 33 -

d) a certificate of conformity or waiver in accordance with Section 42 subsection 2.

The documents cited in sentence 1 no. 1 and 2 letter a and d must be presented to the customs of-

fice on demand at the import clearance in an individual case.

(2) If the importer uses the electronic import clearance pursuant to subsection 1, he must

present the documents cited in subsection 1 no. 2 letter a to d to the competent customs authority

on a monthly basis or in line with a specific agreement with the competent customs authority.

(3) If the import clearance is applied for on paper, the documents cited in subsection 1 and an

import control report in accordance with Section 35 subsection 1 must be presented.

Section 33

Procedure for import clearance

(1) The customs office shall examine the admissibility of the import. It shall refuse to clear the

import if

1. the documents required for the import clearance pursuant to Section 32 subsection 1 sentence

1 no. 2 letter a to d are not available to the importer or to his representative,

2. the documents cited in Section 32 subsection 1 sentence 1 no. 2 letter a to d are not available

at the import clearance pursuant to Section 32 subsection 3 or

3. the goods do not correspond to the data of the documents within the meaning of Section 32

subsection 1 sentence 1 or subsection 3.

If there are serious doubts about the correctness of a Certificate of Origin, the customs offices can

demand further evidence to prove the origin and thereby render the import clearance possible.

(2) In the case of import of water, electrical current, town gas, long-distance gas or similar

gases in pipelines, there shall be no import clearance.

- 34 -

Section 34

Collecting of import data

(1) In the case of the import of goods with commodity codes 0105 11 11 to 0105 99 50, 0207

11 10 to 0207 13 70, 0207 13 99 to 0207 14 70, 0207 14 99 to 0207 26 20, 0207 26 50 to 0207 26

80, 0207 26 99 to 0207 27 20, 0207 27 40 to 0207 27 80, 0207 27 99 to 0207 33 90, 0207 35 11,

0207 35 15, 0207 35 23, 0207 35 31 to 0207 35 63, 0207 36 11 to 0207 36 23, 0207 36 31 to 0207

36 79, 0207 36 90, 0209 00 90, 0302 40 00, 0302 50 10, 0302 69 31, 0302 69 33, 0303 52 10 to

0303 52 90, 0303 79 35 to 0303 79 41, 0304 19 97, 0304 29 29 to 0304 29 39, 0304 29 85, 0304

99 23, 0304 99 33, 0304 99 41, 0306 23 10, 0401 10 10 to 0403 10 39, 0403 90 11 to 0403 90 69,

0404 10 02 to 0407 00 30, 0408 11 80, 0408 19 81, 0408 19 89, 0408 91 80, 0408 99 80, 0701 10

00, 0701 90 50, 0701 90 90, 1105 10 00, 1105 20 00, 1602 32 11, 1602 39 21, 1702 11 00, 1702

19 00, 2106 90 51, 2309 90 20, 3502 11 90 and 3502 19 90 to 3502 90 70 of the commodity classi-

fication for foreign trade statistics, the importer must provide the following data to the Federal

Agency of Agriculture and Food for the purpose of market observation:

1. the type of declaration,

2. the document number,

3. the time of the acceptance of the declaration,

4. the recipient’s name and address,

5. the recipient’s EORI number,

6. the country of dispatch,

7. the exchange rate,

8. the nature of the transaction,

9. the description of the good,

10. the commodity code,

11. the country of origin,

12. the gross mass,

13. the procedure code,

- 35 -

14. the net mass,

15. the statistical quantity in a supplementary unit,

16. the paper under import law (number and date) and

17. the statistical value.

(2) In the case of the import of goods with commodity codes 2705 00 00, 2707 10 10, 2707

20 10, 2707 30 10, 2707 50 10, 2707 50 90, 2709 00 10, 2709 00 90, 2710 11 11 to 2710 19 99,

2710 99 00, 2711 11 00 to 2711 29 00, 2712 10 10 to 2713 20 00, 2713 90 90, 2715 00 00, 3403

19 91 and 3403 19 99 of the commodity classification for foreign trade statistics, the importer must

provide the following data to the Federal Office of Economics and Export Control (BAFA) for the

purpose of market observation:

1. the type of declaration,

2. the document number,

3. the time of the acceptance of the declaration,

4. the recipient’s name and address,

5. the recipient’s EORI number,

6. the declarant’s name and address,

7. the declarant’s EORI number,

8. the country of dispatch,

9. the description of the good,

10. the commodity code,

11. the country of origin,

12. the gross mass,

13. the procedure code,

14. the net mass,

- 36 -

15. the statistical quantity in a supplementary unit and

16. the statistical value.

(3) The importer shall transmit the data pursuant to subsections 1 and 2 to the competent

customs office electronically with the import declaration. The Centre for Data Processing and In-

formation Technology (ZIVIT) shall forward the data on behalf of the competent customs office for

the purpose of market observation in the case of subsection 1 to the Federal Agency of Agriculture

and Food and in the case of subsection 2 to the Federal Office of Economics and Export Control

(BAFA).

(4) The Federal Agency of Agriculture and Food and the Federal Office of Economics and

Export Control (BAFA) shall delete the data after a period of two years at the latest. The period

shall begin at the end of the year in which the data were transmitted from the competent customs

office.

Section 35

Import control report

(1) In the case of the import of goods with commodity codes 2709 00 10, 2709 00 90, 2711

11 00 and 2711 21 00 of the commodity classification for foreign trade statistics, an import control

report must be presented for the purpose of market observation if the import clearance is applied

for in paper form and the value of the import consignment exceeds 1000 euro. The competent cus-

toms office shall forward the data for the purpose of market observation to the Federal Office of

Economics and Export Control (BAFA).

(2) When goods are transferred into free circulation, a form designated as the import control

report shall be used which corresponds to the form for the reporting document for the import of

goods to be presented in each case pursuant to Sections 4 and 6 of the cleaned version of the

Foreign Trade Statistics Act published in Federal Law Gazette Part II, division number 7402-1,

most recently amended by Article 10 of the Act of 25 April 2007 (Federal Law Gazette I p. 594),

and Section 15 of the Ordinance Implementing the Foreign Trade Statistics Act in the version pub-

lished on 29 July 1994 (Federal Law Gazette I p. 1993), most recently amended by Article 1 of the

Ordinance of 8 November 2011 (Federal Law Gazette I p. 2230), in the version applicable at the

time. The Federal Office of Economics and Export Control (BAFA) can stipulate different require-

ments by way of a general instruction to be published in the Federal Gazette. It can also permit re-

ports in a different form.

- 37 -

(3) In the case of the import of goods in the simplified declaration or local clearance proce-

dure pursuant to Section 16, the importer must transmit the used sheets of the import control report

directly following the import to the Federal Office of Economics and Export Control (BAFA). The

import control report with the last entry for the settlement period must however be presented at the

import clearance.

Section 36

Prior import monitoring

(1) If the import of a good is subject to monitoring on the basis of an act of the European Un-

ion, in the case of an import which is not subject to a licence a monitoring document on an import

document in line with the acts of the European Union shall be issued in response to an application.

The import document shall be valid throughout the Union.

(2) Only the importer shall be entitled to apply for the document. In his application for the is-

suing of a monitoring document, he shall provide the data stipulated in the act of the European Un-

ion. Different types of goods, different countries of purchase or different countries of origin may not

be included together in one application.

(3) The Federal Office of Economics and Export Control (BAFA) shall be responsible for the

issuing of the monitoring document. It shall stipulate by a general instruction the preconditions for

the issuing and use of the monitoring document in another Member State of the European Union

and shall publish these in the Federal Gazette.

(4) For the purpose of the import monitoring pursuant to subsection 1, the announcement

pursuant to Section 39 subsection 1 sentence 1 can stipulate that instead of the monitoring docu-

ment the import licence must be presented. Subsections 1 to 3 shall apply mutatis mutandis.

(5) The Federal Office of Economics and Export Control (BAFA) shall enter the following data

into the monitoring document:

1. the date until which the monitoring document may be used for import clearance, and

2. the percentage up to which

a) an exceeding of the price per unit for which the transaction was carried out is admissible

or

- 38 -

b) an exceeding of the cited total value or the cited quantity in normal commercial units is

permissible in the import clearance.

Section 37

Import clearance in the case of prior import monitoring

(1) If the import clearance takes place on the basis of an electronic import declaration, the

customs offices shall obtain the data of the monitoring document in the automated procedure. Sec-

tion 32 subsection 1 sentence 1 no. 2 letter b shall apply mutatis mutandis. In the case of electron-

ic import clearance pursuant to sentence 1, monitoring documents shall normally be transcribed

electronically by the customs offices if they are destined for use in Germany. Monitoring docu-

ments issued in other Member States of the European Union must be presented and transcribed in

paper form.

(2) If the import clearance takes place on the basis of an import declaration in paper form, the

importer must present the monitoring document to the competent customs office. The customs of-

fice shall note on the monitoring document the quantity or the value of the cleared goods.

(3) The customs office shall reject the import clearance

1. if the application for import clearance is made later than on the last day of validity of the moni-

toring document,

2. if the price per unit at which the transaction is carried out exceeds the price cited in the moni-

toring document by more than the percentage noted in the monitoring document or

3. to the extent that the total value or the total quantity of the goods declared for import is higher

than the percentage noted in the monitoring document.

Section 38

Certificate of Origin and Declaration of Origin

(1) If on the basis of an act of the European Union a Certificate or Origin or a Declaration of

Origin is required for goods, these must be presented at the import clearance. Section 32 subsec-

tion 1 sentence 1 no. 2 letter a and sentence 2 and Section 32 subsection 3 shall apply mutatis

mutandis. Sentences 1 and 2 shall not apply if the value of the goods contained in the import con-

- 39 -

signment for which a Certificate or Origin or a Declaration of Origin is prescribed does not exceed

1000 euro. Sentence 3 shall not apply regarding goods of food and agriculture.

(2) The Certificate of Origin must be issued by an entitled body of the country of origin. The

Federal Ministry of Economics and Technology shall publish a list of the entitled bodies in the Fed-

eral Gazette. If the country of dispatch is not the country of origin, the presentation of a Certificate

of Origin of an entitled body of the country of dispatch shall suffice.

(3) The Declaration of Origin must be entered by the exporter or supplier on the invoice or, if

an invoice cannot be presented, on another business document relating to the export. It must con-

firm that the goods originate within the meaning of Articles 22 to 26 of Regulation (EEC) No.

2913/92 in conjunction with Articles 36 to 38 of Regulation (EEC) No. 2454/93 in the cited third

country.

Section 39

Import licence

(1) In a general instruction, to be published in the Federal Gazette, the bodies responsible for

issuing import licences within the meaning of Section 13 of the Foreign Trade and Payments Act

(licensing bodies) can provide information about the details to be observed in applications for the

issuing of the licence (announcement). The announcement will particularly stipulate the require-

ments as regards form and the deadlines for applications. Only the importer shall be eligible to ap-

ply. If the licensing requirement is based on a directly applicable act of the European Union, the

import licence shall be issued on the import document prescribed in this act and shall be valid

throughout the European Union.

(2) To the extent that it is permissible to use national forms for the import licence, the licens-

ing bodies can stipulate these forms for use in Germany by means of general instruction to be pub-

lished in the Federal Gazette in derogation of subsection 1 sentence 4.

(3) The licensing bodies can require that separate applications are made for certain goods or

categories of goods to the extent that this is necessary for the monitoring of imports, the accelera-

tion of the licensing procedure or the upholding of other interests protected by the Foreign Trade

and Payments Act or by Union law. If separate applications are required, notice should be given in

the announcement.

- 40 -

(4) The licensing bodies should treat applications which they receive within an appropriate

deadline following the announcement as having been submitted at the same time.

(5) In the case of electronic import clearance pursuant to Section 37 subsection 1 sentence 1,

the customs offices shall access the data of the import licence in the automated procedure. Section

32 subsection 1 sentence 1 no. 2 letter c shall apply mutatis mutandis. If the import clearance

takes place on the basis of an electronic import declaration, import licences will normally be tran-

scribed electronically by the customs offices if they are destined for use in Germany. Import licenc-

es issued in other Member States of the European Union must be presented in paper form and

transcribed manually. Further details about the use of an import licence in other Member States of

the European Union shall be determined in a general instruction of the Federal Office of Econom-

ics and Export Control (BAFA), which shall be published in the Federal Gazette.

(6) In the case of import clearance in paper form pursuant to Section 37 subsection 2 sen-

tence 1, the importer must present the import licence. The customs office shall note on the import

licence the quantity or the value of the cleared goods.

Section 40

Facilitated procedure for agricultural goods

(1) The following agricultural goods may be imported without an import licence:

1. goods of Chapters 1 to 25 of the commodity classification for foreign trade statistics up to a

value of 125 euro per import consignment, excluding seeds, whereby the facilitated procedure

shall not apply to the import from a free zone or a suspensive procedure or to the import of

goods which are destined for trade or for another commercial use;

2. Specimens and samples for relevant trading companies or processing companies of products

of food and agriculture up to a value of 50 euro per import consignment, excluding seeds,

whereby the distribution costs shall not be included in the assessment of the value of speci-

mens and samples delivered free of charge; this shall also apply to specimens and samples

supplied against payment to the extent that the distribution costs are itemised separately in the

invoice;

3. goods which exhibitors import for immediate consumption as tasters at trade fairs or exhibi-

tions if the value of the goods listed together in one chapter of the commodity classification for

foreign trade statistics does not exceed 3000 euro per trade fair or exhibition, whereby the val-

- 41 -

ue of the goods of several exhibitors which are represented by the same person must be ag-

gregated;

4. fish and other goods which Union residents extract on the high seas and in the Swiss part of

Lake Untersee and the Rhine by vessels bearing the flag of a Member State of the European

Union and transfer directly into the customs territory of the European Union;

5. carrier pigeons which are not imported as merchandise;

6. animals, seeds, fertiliser, vehicles, machinery and other goods the import of which is due to

the local and commercial situation in border zones or areas near the border with third coun-

tries and which are exempted from import restrictions by international treaties;

7. products of crop cultivation, animal husbandry, horticulture and forestry of such operations di-

vided by national borders which are cultivated from the Community territory if exemption from

import duties outside the tariff within the meaning of Article 4 no. 10 of Regulation (EC) No.

2913/92 has been granted for these goods.

(2) Sections 31 to 39 shall not apply to the imports cited in subsection 1.

Section 41

Facilitated procedure for other goods

(1) The following goods may also be imported without an import licence:

1. goods

a) for delivery to the foreign troops stationed in the customs territory of the European Union,

to the organisations equivalent to them, to the civilian component and to the members of

the aforementioned and their dependants, if freedom from duty has been granted by inter-

national treaties of the Federal Republic of Germany or the provisions of the Foreign

Forces Customs Act,

b) from the possessions or for the personal use of the category of people cited in letter a;

2. goods of Chapters 26 to 99 of the commodity classification for foreign trade statistics up to a

value of 1000 euro per import consignment, whereby the facilitated procedure shall not apply

- 42 -

to the import from a free zone or a suspensive procedure or to the import of goods which are

destined for trade or for another commercial use;

3. specimens and samples for relevant trading companies or processing companies of products

of trade and industry up to a value of 250 euro per import consignment, whereby the distribu-

tion costs shall not be included in the assessment of the value of specimens and samples de-

livered free of charge; this shall also apply to specimens and samples supplied against pay-

ment to the extent that the distribution costs are itemised separately in the invoice;

4. gifts up to a value of 1000 euro per import consignment;

5. goods which are made available by a non-Union resident on his own account to a Union resi-

dent to mend ships if the work done on the ship is carried out in a free zone or under customs

supervision on the account of the non-Union resident;

6. used items of clothing which are not destined for trade;

7. goods which have been transferred for temporary use into a free zone or for temporary admis-

sion into the customs territory of the European Union and which can no longer be used for the

original purpose, or parts thereof which accrue during the mending work in the customs territo-

ry of the European Union;

8. spare parts for imported goods which have been or are to be sent back to third countries or

have been destroyed under customs supervision, and follow-up deliveries in normal commer-

cial quantities for goods which have already been imported;

9. goods originating in the European Union or in another contracting party to the Agreement on

the European Economic Area which are to be imported as compensating products following

outward processing under customs law, and other compensating products following outward

processing under customs law which are imported following mending, in the standard ex-

change procedure or following the carrying out of supplementary processing operations pur-

suant to Article 123 of Regulation (EEC) No. 2913/92;

10. goods for use in the provision of first aid in the event of disasters;

11. travel requisites and travel souvenirs if these goods are free of import duties within the mean-

ing of Article 4 no. 10 of Regulation (EEC) No. 2913/92, and goods not intended for trade up to

a value of 1500 euro carried by travellers;

- 43 -

12. building material, repair and operating equipment for dams, power plants, bridges, roads and

other structures which are built, operated or used on both sides of the border with third coun-

tries;

13. goods which are exempt from import duties within the meaning of Article 4 no. 10 of Regula-

tion (EEC) No. 2913/92, pursuant to

a) Sections 14 to 19 of the Customs Ordinance or

b) Title II of Council Regulation (EC) No. 1186/2009 of 16 November 2009 setting up a

Community system of reliefs from customs duty (OJ L 324 of 10 December 2009, p. 23);

14. goods in free zones under the preconditions and conditions under which these goods can be

imported free of import duties within the meaning of Article 4 no. 10 of Regulation (EEC) No.

2913/92 in the facilitated procedure;

15. goods for which exemption from import duties outside the tariff within the meaning of Article 4

no. 10 of Regulation (EC) No. 2913/92 is granted

a) pursuant to the accession laws of the Federal Republic of Germany to international trea-

ties with third countries,

b) pursuant to ordinances of the Federal Government on the basis of Article 3 of the Act of

22 June 1954 on the accession of the Federal Republic of Germany to the Convention on

the Privileges and Immunities of the Specialized Agencies of the United Nations of 21 No-

vember 1947 and on the granting of privileges and immunities to other international organ-

isations of 22 June 1954 (Federal Law Gazette 1954 II p. 639), most recently amended by

Article 4 of the Act of 16 August 1980 (Federal Law Gazette 1980 II p. 941),

c) pursuant to Articles 137 to 144 of Regulation (EEC) No. 2913/92 for goods which are used

temporarily in the customs territory of the European Union under full or partial exemption

from import duties within the meaning of Article 4 no. 10 of Regulation (EEC) No. 2913/92,

d) pursuant to Articles 185 and 186 of Regulation (EEC) No. 2913/92 for goods which are

imported back into the customs territory of the European Union.

(2) Sections 31 to 39 shall not apply to the imports cited in subsection 1. Subsection 1 no. 13

shall apply mutatis mutandis if the goods cited there can be imported free of duty for a different

reason.

- 44 -

Section 42

Import of horticultural products

(1) In the case of the import of fresh fruit and vegetables for which marketing standards have

been stipulated on the basis of Regulation (EC) No. 1234/2007, the Federal Agency of Agriculture

and Food shall examine whether the goods correspond to these marketing standards prior to

clearance into free circulation.

(2) In the case of the import which is not subject to a licence of fruit and vegetables for which

marketing standards have been stipulated, one of the following documents shall be required for the

import clearance pursuant to Article 13(1) of Regulation (EU) No. 543/2011:

1. a valid certificate of conformity pursuant to Article 14(1) of Regulation (EU) No. 543/2011,

2. a valid certificate of conformity of a recognised third-country inspection service pursuant to Ar-

ticle 14(1) of Regulation (EU) No. 543/2011,

3. a communication from the competent inspection body that a conformity certificate has been is-

sued for the relevant parties, or

4. a waiver pursuant to Section 19 subsection 1 sentence 1 no. 3.

Section 32 subsection 1 sentence 1 no. 2 letter d shall apply mutatis mutandis.

(3) In the case of the import which is not subject to a licence of processed fruit and vegetable

products for which minimum standards have been set by the bodies of the European Union on the

basis of Regulation (EC) No. 1234/2007, the Federal Agency of Agriculture and Food shall exam-

ine samples prior to import clearance to establish whether these goods meet these minimum re-

quirements.

(4) Subsection 2 shall not be applicable to the extent that the facilitated procedure pursuant to

Section 40 applies to the import of the goods.

Section 43

Enforcement measures

If an enforcement measure is to be undertaken on goods which are located in a free zone or a

customs warehouse, the creditor can apply for a monitoring document or an import licence and the

- 45 -

import clearance. The application for the monitoring document or the import licence must bear the

mark: “Zwangsvollstreckung”.

Chapter 4

Other movements of goods

D i v i s i o n 1

T r a n s i t

Section 44

Restrictions on the transit of goods

(1) The competent customs offices can in the case of a transit of goods pursuant to Article 2

no. 7 of Regulation (EC) No. 428/2009 suspend the release of goods until the communication of a

decision by the Federal Office of Economics and Export Control (BAFA) pursuant to subsection 4

in order to prevent the goods from leaving Germany if they have grounds to suspect that the goods

1. are listed in Annex I of Regulation (EC) No. 428/2009 and

2. are or can be wholly or partly destined for one of the uses cited in Article 4(1) of Regulation

(EC) No. 428/2009.

This shall be without prejudice to the powers of the competent customs offices in accordance with

Regulation (EEC) No. 2913/92.

(2) The competent customs office shall inform the Federal Office of Economics and Export

Control (BAFA) without delay of the measures taken pursuant to subsection 1.

(3) Before the Federal Office of Economics and Export Control (BAFA) decides pursuant to

Article 6(1) of Regulation (EC) No. 428/2009 on a ban on transit of goods listed in Annex I of this

Ordinance, it can in individual cases impose a licensing requirement if the goods are or can be

wholly or partly destined for one of the uses cited in Article 4(1) of Regulation (EC) No. 428/2009.

- 46 -

(4) The Federal Office of Economics and Export Control (BAFA) shall take the decision pur-

suant to subsection 3 without delay. The Federal Office of Economics and Export Control (BAFA)

shall inform the competent customs office without delay of the decision taken.

(5) Incurred costs related to the storage of the goods for the duration of a measure pursuant

to subsection 1 or subsection 3 shall be borne by the persons cited in Article 182d(3) of Regulation

(EEC) No. 2913/92. Article 56 of Regulation (EEC) No. 2913/92 in conjunction with Section 13 of

the Customs Administration Act shall be applied.

Section 45

Transit procedure

The admissibility of the transit shall be examined by the customs office at the point of exit

when the goods exit Germany and by each customs office which is involved when the goods exit

via an internal border to another Member State of the European Union. To this end, the customs

office can demand further data and evidence, in particular the presentation of the loading papers,

from the transporter of the goods or the person entitled to dispose of the goods.

D i v i s i o n 2

T r a f f i c k i n g a n d b r o k e r i n g t r a n s a c t i o n s

Section 46

Licensing requirements for trafficking and brokering transactions involving goods of Part I

Section A of the Export List

(1) Trafficking and brokering transactions involving goods of Part I Section A of the Export

List shall be subject to a licence if

1. the goods are

a) located in a third country or

b) located in Germany and have not yet been cleared by customs and

2. the goods are to be delivered to another third country.

- 47 -

(2) A licence pursuant to subsection 1 shall not be required if the trafficking and brokering

transaction is subject to a licence pursuant to Section 4a of the War Weapons Control Act.

Section 47

Licensing requirements for trafficking and brokering transactions in a third country

(1) Section 46 shall also apply to trafficking and brokering transactions carried out in a third

country by Germans with a residence or habitual abode in Germany if the trafficking and brokering

transaction refers to the following war weapons:

1. war weapons pursuant to Part B I. no. 7 to 11, V. no. 29, 30 or 32, VI. no. 37 or 38, VIII. no. 50

or 51 of the Annex to Section 1 subsection 1 of the War Weapons Control Act (War Weapons

List),

2. barrels or breech blocks for war weapons pursuant to Part B V. no. 29 or 32 of the War Weap-

ons List,

3. ammunition or projectiles or propelling charges for ammunition for war weapons pursuant to

Part B V. no. 32 or VI. no. 37 of the War Weapons List,

4. mortars with a calibre of less than 100 millimetres or

5. barrels, breech blocks, ammunition or projectiles or propelling charges for ammunition for mor-

tars with a calibre of less than 100 millimetres.

(2) Trafficking and brokering transactions involving the goods covered by Annex I of Regula-

tion (EC) No. 428/2009 shall be subject to a licence if

1. the goods are

a) located in a third country or

b) located in Germany and have not yet been cleared by customs,

2. the goods are to be delivered to another third country and

3. the German who wishes to carry out the trafficking and brokering transaction in a third country

has been informed by the Federal Office of Economics and Export Control (BAFA) that these

- 48 -

goods are or can be wholly or partly destined for one of uses of Article 4(1) of Regulation No.

428/2009.

(3) If a German with a residence or habitual abode in Germany who wishes to carry out a traf-

ficking and brokering transaction in a third country is aware that the goods covered by Annex I of

Regulation (EC) No. 428/2009 which are located in a third country or in Germany and have not yet

been cleared by customs and are to be delivered from there to a further third country are wholly or

partly destined for one of the uses of Article 4(1) of Regulation (EC) No. 428/2009, he must inform

the Federal Office of Economics and Export Control (BAFA) of this. The latter shall decide whether

the trafficking and brokering transaction shall be subject to a licence. The trafficking and brokering

transaction must not be carried out until the Federal Office of Economics and Export Control

(BAFA) has licensed the trafficking and brokering transaction or has decided that no licence is re-

quired.

Section 48

Import documents for trafficking and brokering transactions

Anyone who requires an International Import Certificate or a Delivery Verification Certificate for

a trafficking and brokering transaction must apply to the Federal Office of Economics and Export

Control (BAFA). Section 30 shall apply mutatis mutandis with the proviso that the import into the

country of destination designated in the application must be documented.

Chapter 5

Movement of services

Section 49

Licensing requirements for technical support relating to chemical or biological weapons or

nuclear weapons

(1) Technical support in third countries by a German or a resident within the meaning of Sec-

tion 2 subsection 15 no. 2 to 4 of the Foreign Trade and Payments Act shall be subject to a licence

if the German or the resident has been informed by the Federal Office of Economics and Export

Control (BAFA) that the technical support is destined for use in relation to

- 49 -

1. the development, manufacture, handling, operation, maintenance, storage, detection, identifi-

cation or spread of

a) chemical or biological weapons or

b) nuclear weapons or other nuclear explosive devices or

2. the development, manufacture, maintenance or storage of missiles suited to the launching of

such weapons.

(2) If a German or a resident within the meaning of Section 2 subsection 15 no. 2 to 4 of the

Foreign Trade and Payments Act is aware that technical support which he wishes to provide in

third countries is destined for a purpose cited in subsection 1, he must inform the Federal Office of

Economics and Export Control (BAFA) of this. The latter shall decide whether the technical support

is subject to a licence. The technical support may not be provided until the Federal Office of Eco-

nomics and Export Control (BAFA) has licensed the technical support or has decided that no li-

cence is required.

(3) Subsections 1 and 2 shall not apply if the technical support

1. is provided in a country listed in Annex IIa Part 2 of Regulation (EC) No. 428/2009,

2. takes place via the passing on of information which is generally available or forms part of basic

research within the meaning of the General Technology Note to Part I of the Export List or to

Annex I of Regulation (EC) No. 428/2009, or

3. takes place orally and does not refer to a technology which is cited in Part I Section A no. 0022

or Part I Section B nos. of category E of the Export List or nos. of category E of Annex I to

Regulation (EC) No. 428/2009.

Section 50

Licensing requirements for technical support relating to a military end-use

(1) Technical support in third countries by a German or a resident within the meaning of Sec-

tion 2 subsection 15 no. 2 to 4 of the Foreign Trade and Payments Act which are not covered by

Section 49 subsection 1 shall be subject to a licence if the German or the resident within the mean-

ing of Section 2 subsection 15 no. 2 to 4 of the Foreign Trade and Payments Act has been in-

formed by the Federal Office of Economics and Export Control (BAFA) that the technical support is

- 50 -

related to a military end-use and is being provided in a country within the meaning of Article 4(2) of

Regulation (EC) No. 428/2009.

(2) If a German or a resident within the meaning of Section 2 subsection 15 no. 2 to 4 of the

Foreign Trade and Payments Act is aware that technical support which he wishes to provide in a

third country is destined for a purpose cited in subsection 1, he must inform the Federal Office of

Economics and Export Control (BAFA) of this. The latter shall decide whether the technical support

is subject to a licence. The technical support may not be provided until the Federal Office of Eco-

nomics and Export Control (BAFA) has licensed the technical support or has decided that no li-

cence is required.

(3) Subsections 1 and 2 shall not apply if the technical support

1. takes place via the passing on of information which is generally available or forms part of basic

research within the meaning of the General Technology Note to Part I of the Export List or to

Annex I of Regulation (EC) No. 428/2009, or

2. takes place orally and does not refer to a technology which is cited in Part I Section A no. 0022

or Part I Section B nos. of category E of the Export List or nos. of category E of Annex I to

Regulation (EC) No. 428/2009.

Section 51

Licensing requirements for technical support in Germany

(1) Technical support in Germany by a resident shall be subject to a licence if the resident

has been informed by the Federal Office of Economics and Export Control (BAFA) that the tech-

nical support

1. is destined for use

a) in relation to the development, manufacture, handling, operation, maintenance, storage,

detection, identification or spread of

aa) chemical or biological weapons or

bb) nuclear weapons or other nuclear explosive devices or

- 51 -

b) in relation to the development, manufacture, maintenance or storage of missiles suited to

the launching of such weapons, and

2. is provided to foreigners not resident in a country that is cited in Annex IIa Part 2 of Regulation

(EC) No. 428/2009 or that is a member of the European Union.

(2) Technical support in Germany by a resident shall be subject to a licence if the resident

has been informed by the Federal Office of Economics and Export Control (BAFA) that the tech-

nical support is related to a military end-use which is not covered by subsection 1 and is being pro-

vided to foreigners resident in a country within the meaning of Article 4(2) of Regulation (EC) No.

428/2009.

(3) If a resident is aware that technical support which he would like to provide in Germany is

destined for a use cited in subsection 1 or 2, he must inform the Federal Office of Economics and

Export Control (BAFA). The latter shall decide whether the technical support is subject to a licence.

The technical support may not be provided until the Federal Office of Economics and Export Con-

trol (BAFA) has licensed the technical support or has decided that no licence is required.

(4) Subsections 1 to 3 shall not apply if the technical support

1. takes place via the passing on of information which is generally available or forms part of basic

research within the meaning of the General Technology Note to Part I of the Export List or to

Annex I of Regulation (EC) No. 428/2009, or

2. does not refer to a technology which is cited in Part I Section A no. 0022 of the Export List,

nos. of section E of Annex I to Regulation (EC) No. 428/2009 or Part I Section B nos. of sec-

tion E of the Export List.

(5) Foreigners within the meaning of subsections 1 and 2 shall include such natural persons

whose residence or habitual abode in Germany is limited to a maximum of five years.

Section 52

Licensing requirements for technical support in relation to the construction or operation of

nuclear facilities

(1) Technical support by a German or a resident shall be subject to a licence if the German or

the resident has been informed by the Federal Office of Economics and Export Control (BAFA) that

the technical support is related to the construction or operation of facilities for nuclear purposes

- 52 -

within the meaning of Category 0 of Annex I of Regulation (EC) No. 428/2009 in the countries cited

in Section 9 subsection 1 sentence 1 no. 2.

(2) If a German or a resident is aware that the technical support which he wishes to provide in

third countries is destined for a purpose cited in subsection 1, he must inform the Federal Office of

Economics and Export Control (BAFA) of this. The latter shall decide whether the technical support

is subject to a licence. The technical support may not be provided until the Federal Office of Eco-

nomics and Export Control (BAFA) has licensed the technical support or has decided that no li-

cence is required.

(3) Subsections 1 and 2 shall not apply if the technical support

1. takes place via the passing on of information which is generally available or forms part of basic

research within the meaning of the Nuclear Technology Note to Annex I of Regulation (EC)

No. 428/2009, or

2. does not refer to a technology cited in nos. of section E in Category 0 of Annex I of Regulation

(EC) No. 428/2009.

(4) The procedure pursuant to this provision can be handled by a single authority pursuant to

the provisions of the Administrative Procedures Act.

Section 53

Exemptions from the licensing requirement

Sections 49 to 52 shall not apply in the cases of

1. technical support by authorities and agencies of the Federal Republic of Germany in the con-

text of their official tasks,

2. technical support provided by the Federal Armed Forces on the basis of the tasks assigned to

them,

3. technical support provided for a purpose which is cited in the exceptions for goods of the Mis-

sile Technology Control Regime (MTCR technology) in Annex IV of Regulation (EC) No.

428/2009,

- 53 -

4. technical support which represents the absolutely necessary minimum for the construction,

operation, maintenance and repair of those goods for which an export licence was issued.

Chapter 6

Restrictions on movements of capital

D i v i s i o n 1

R e s t r i c t i o n s p u r s u a n t t o S e c t i o n 4 s u b s e c t i o n 2 o f t h e

F o r e i g n T r a d e a n d P a y m e n t s A c t t o f u l f i l t h e A g r e e m e n t o n

G e r m a n E x t e r n a l D e b t s

Section 54

Effecting of payments and other performances

(1) A debtor shall be prohibited from effecting payments and other performances if they

1. refer to the fulfilment of a debt within the meaning of the Agreement of 27 February 1953 on

German External Debts (Federal Law Gazette II 1953 p. 331), but the debt is not settled,

2. refer to the fulfilment of a settled debt within the meaning of the Agreement but do not remain

within the boundaries of the stipulated payment and other conditions, or

3. refer to the fulfilment of liabilities which

a) are or were payable in non-German currency and

b) do correspond to the preconditions of Article 4(1) and (2) of the Agreement, but do not ful-

fil the preconditions of Article 4(3) letter a or b of the Agreement with regard to the person

of the creditor, unless these are liabilities from marketable securities which are payable in

a creditor country.

(2) The definitions of terms contained in Article 3 of the Agreement shall also apply to subsec-

tion 1.

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D i v i s i o n 2

E x a m i n a t i o n o f c o r p o r a t e a c q u i s i t i o n s

Subdivision 1

Cross-sectoral examination of corporate acquisitions

Section 55

Scope of application of the cross-sectoral examination

(1) The Federal Ministry of Economics and Technology can examine whether the public order

or security of the Federal Republic of Germany is endangered if a non-EU resident acquires a do-

mestic company or a direct or indirect participation within the meaning of Section 56 in a domestic

company.

(2) Acquisitions by EU residents shall also be subjected to the examination pursuant to sub-

section 1 if there are indications that an abusive approach or a circumvention transaction has been

undertaken in order to avoid an examination pursuant to subsection 1. Branches and permanent

establishments of a non-EU acquirer shall not be regarded as EU-resident. Acquirers from the

member states of the European Free Trade Association shall be equivalent to EU residents.

(3) The Federal Ministry of Economics and Technology can exercise the right of examination

pursuant to subsection 1 only if it informs the direct acquirer about the opening of the examination

procedure within three months of the conclusion of the contract pertaining to the law of obligations

on the acquisition. In the case of an offer within the meaning of the Securities Acquisition and

Takeover Act, the deadline pursuant to sentence 1 shall commence on publication of the decision

to submit the offer or on publication of the acquisition of control.

Section 56

Voting rights

(1) After the acquisition, the direct or indirect share of voting rights of the acquirer in the do-

mestic company must reach or exceed 25 percent of the voting rights.

- 55 -

(2) The calculation of the voting rights must include the voting rights of third parties in the

domestic company

1. in which the acquirer holds at least 25 percent of the voting rights, or

2. with which the acquirer has concluded an agreement on the joint exercise of voting rights.

(3) In the case of an indirect acquisition, the proportion of voting rights of the acquirer in the

domestic company shall amount to at least 25 percent if the acquirer and the respective intermedi-

ate shareholder, the attribution principles pursuant to subsection 2 being applied mutatis mutandis,

possess at least 25 percent of the voting rights in the respective subsidiary.

Section 57

Documentation on the acquisition

The direct acquirer shall be required to submit documentation to the Federal Ministry of Eco-

nomics and Technology in the case of an examination pursuant to Section 55. The documentation

to be submitted shall be determined by the Federal Ministry of Economics and Technology by way

of a general instruction to be published in the Federal Gazette.

Section 58

Certificate of non-objection

(1) In response to a request in writing, the Federal Ministry of Economics and Technology

shall issue a certificate of non-objection to an acquisition within the meaning of Section 55 if there

is no objection to the acquisition in terms of public order or security of the Federal Republic of

Germany (certificate of non-objection). The application shall cite the acquisition, the acquirer and

the domestic company to be acquired as well as the basic features of the fields of business of the

acquirer and of the domestic company to be acquired.

(2) The certificate of non-objection shall be deemed to have been issued if the Federal Minis-

try of Economics and Technology does not open an examination procedure pursuant to Section 55

within one month of receipt of the application.

- 56 -

Section 59

Prohibition or instructions

(1) The Federal Ministry of Economics and Technology can prohibit the direct acquirer from

making an acquisition within the meaning of Section 55 until the end of two months after the receipt

of the complete documents pursuant to Section 57 or issue instructions in order to ensure the pub-

lic order or security of the Federal Republic of Germany. Approval by the Federal Government is

necessary for the issuing of prohibitions or orders.

(2) In order to enforce a prohibition, the Federal Ministry of Economics and Technology can in

particular

1. prohibit or restrict the exercise of voting rights in the acquired company which belong to a non-

EU acquirer or are attributed to him, or

2. appoint a trustee to bring about the unwinding of a completed acquisition.

Subdivision 2

Sector-specific examination of corporate acquisitions

Section 60

Scope of application of the sector-specific examination

(1) The Federal Ministry of Economics and Technology can examine whether essential secu-

rity interests of the Federal Republic of Germany are endangered if a foreigner acquires a domes-

tic company or a direct or indirect participation within the meaning of Section 56 in a domestic

company if the company:

1. manufactures or develops goods within the meaning of Part B of the War Weapons List,

2. manufactures or develops specially designed engines or gears to drive battle tanks or other

armoured military tracked vehicles, or

3. manufactures products with IT security functions to process classified state information or

components essential to the IT security function of such products or has manufactured such

- 57 -

products and still disposes of the technology if the overall product was licensed with the

knowledge of the company by the Federal IT Security Agency.

(2) Branches and permanent establishments of a foreign acquirer shall not be regarded as

domestic.

(3) The acquisition must be reported in writing to the Federal Ministry of Economics and

Technology. Section 58 subsection 1 sentence 2 shall apply mutatis mutandis. The report shall be

made solely by the direct acquirer, even if this person does not fulfil the preconditions of subsec-

tion 1.

Section 61

Clearance of an acquisition pursuant to Section 60

The Federal Ministry of Economics and Technology shall issue a clearance in writing to the

person required to report the acquisition pursuant to Section 60 subsection 3 sentence 3 if there

are no objections to the acquisition in terms of essential security interests of the Federal Republic

of Germany. The clearance shall be deemed to have been issued if the Federal Ministry of Eco-

nomics and Technology does not launch an examination procedure in accordance with Section

60 subsection 1 with regard to the person required to report the acquisition within a month of re-

ceipt of the report pursuant to Section 60 subsection 3. In the case of the launch of an examination

procedure, Section 57 shall apply mutatis mutandis to the person required to report the acquisition.

Section 62

Prohibition or instructions

The Federal Ministry of Economics and Technology can prohibit the person required to report

the acquisition from making an acquisition within the meaning of Section 60 subsection 1 within

one month after the receipt of the complete documents pursuant to Section 57 or issue instructions

in order to ensure essential security interests of the Federal Republic of Germany.

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Chapter 7

Reporting requirements for movements of capital and payments

D i v i s i o n 1

D e f i n i t i o n o f t e r m s

Section 63

Definition of terms

For the purpose of reports pursuant to this Chapter,

1. Germany shall be the German economic territory within the meaning of Chapter 2 no. 2.05 of

Annex A of Council Regulation (EC) No. 2223/96 of 25 June 1996 on the European system of

national and regional accounts in the Community (OJ L 310 of 30 November 1996, p. 1), most

recently amended by Regulation (EU) No. 715/2010 (OJ L 210 of 11 August 2010, p. 1),

2. residents shall be every institutional unit in Germany within the meaning of Chapter 2 no. 2.12

and 2.13 in conjunction with no. 2.07 of Annex A of Regulation (EC) No. 2223/96 and

3. foreigner shall be every institutional unit abroad within the meaning of Chapter 2 no. 2.12 and

2.13 in conjunction with no. 2.07 of Annex A of Regulation (EC) No. 2223/96.

Foreigners within the meaning of this Chapter shall include companies, branches, permanent es-

tablishments and banks headquartered abroad.

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D i v i s i o n 2

R e p o r t i n g r u l e s f o r c a p i t a l m o v e m e n t s

Section 64

Reporting of assets of German residents abroad

(1) The person required to make the report pursuant to subsection 6 must report to the

Deutsche Bundesbank within the deadline set by Section 71 subsection 1 of the status and select-

ed items of the composition of the following assets abroad pursuant to subsection 4 or subsec-

tion 5:

1. the assets of a foreign company if at least 10 percent of the shares or the voting rights are to

be attributed to the resident,

2. the assets of a foreign company if more than 50 percent of the shares or the voting rights in

this company are to be attributed to one or several foreign companies dependent on the resi-

dent solely or jointly with the resident, and

3. assets ascribed to foreign branches and permanent establishments of a domestic company,

and the assets which are ascribed to foreign branches and permanent establishments of a for-

eign company which fulfils the conditions pursuant to no. 2.

(2) A foreign company shall be deemed dependent on a resident within the meaning of sub-

section 1 no. 2 if more than 50 percent of the shares or voting rights in the foreign company are to

be attributed to the resident. If more than 50 percent of the shares or voting rights in another for-

eign company are to be attributed to one or several foreign companies dependent on a resident or

to this company together with the resident, the other foreign company and under the same precon-

ditions each additional company within the meaning of subsection 1 no. 2 shall be regarded as be-

ing dependent on a resident.

(3) The reporting requirement pursuant to subsection 1 shall not apply

1. if the total balance sheet of the foreign company in which the resident or another foreign com-

pany dependent on the resident is participating does not exceed 3 million euro,

2. if the business assets which are ascribed to the foreign branch or permanent establishment

pursuant to subsection 1 no. 3 do not exceed 3 million euro, or

- 60 -

3. to the extent that for actual or legal reasons the resident is unable to access documents which

he needs to meet his reporting requirement.

(4) The reports must be made on the basis of the status on the balance sheet date of the per-

son required to submit the report or, if the person required to submit the report does not produce

accounts, on the basis of the status on 31 December, whereby the report must contain the data in

accordance with Annex K3 “Assets of German residents abroad”.

(5) If the balance sheet date of a foreign company in which the person required to submit the

report or another foreign company dependent on him participates does not coincide with the bal-

ance sheet date of the person required to submit the report, the report of the assets in accordance

with Annex K3 must be made in line with the balance on the balance sheet date immediately pre-

ceding that of the person required to submit the report. If the person required to submit the report

does not produce accounts and the balance sheet date of a foreign company in which the person

required to submit the report or another foreign company dependent on him participates does not

coincide with 31 December, the report of the assets in accordance with Annex K3 must be made in

line with the balance on the balance sheet date immediately preceding 31 December.

(6) The person required to submit the report shall be the resident to whom the assets are at-

tributed directly or via a dependent foreign company on the balance sheet date of the resident or, if

he does not produce accounts, on 31 December.

Section 65

Reporting of assets of foreigners in Germany

(1) The person required to make the report pursuant to subsection 6 must report to the

Deutsche Bundesbank within the deadline set by Section 71 subsection 2 on the status and se-

lected items of the composition of the following assets in Germany pursuant to subsection 5:

1. the assets of a domestic company if at least 10 percent of the shares or voting rights in the

domestic company are to be attributed to a foreigner or to several commercially associated

foreigners together,

2. the assets of a domestic company if more than 50 percent of the shares or voting rights in this

company are to be attributed to a foreigner or to a domestic company dependent on several

commercially associated foreigners, and

- 61 -

3. assets ascribed to domestic branches and permanent establishments of a foreign company,

and the assets which are ascribed to domestic branches and permanent establishments of a

domestic company which fulfils the conditions pursuant to no. 2.

(2) Foreigners shall be deemed to be commercially associated if they pursue common com-

mercial interests. This shall also be the case if they pursue common commercial interests together

with residents. Such commercially associated foreigners shall especially include:

1. natural and legal foreign persons who have joined in order to establish or acquire a domestic

company, to acquire participations in such a company, or to jointly exercise their shareholders’

rights in such a company,

2. natural and legal foreign persons who pursue common commercial interests by possessing

participations in one or several companies,

3. natural foreign persons who are married to each other, live in a civil union, or are directly relat-

ed or related by marriage or associated by adoption or related in the collateral line to the third

degree or by marriage to the second degree, and

4. legal foreign persons who are associated within the meaning of Section 15 of the Stock Corpo-

ration Act.

(3) A domestic company shall be deemed dependent on a foreigner or on several commer-

cially associated foreigners within the meaning of subsection 1 no. 2 if more than 50 percent of the

shares or voting rights in the domestic company are to be attributed to the foreigner or commonly

to several commercially associated foreigners. If more than 50 percent of the shares or voting

rights in another domestic company are to be attributed to a domestic company dependent on a

foreigner or on several commercially associated foreigners solely or jointly with one or several oth-

er domestic companies dependent on this domestic company, the other domestic company and

under the same preconditions each additional company within the meaning of subsection 1 no. 2

shall also be regarded as being dependent on a foreigner or on several commercially associated

foreigners.

(4) The reporting requirement pursuant to subsection 1 shall not apply

1. if the total balance sheet of the domestic company in which the foreigner, the commercially

associated foreigners or another domestic company dependent on the foreigner or on the

commercially associated foreigners participate does not exceed 3 million euro,

- 62 -

2. if the business assets which are ascribed to the domestic branch or permanent establishment

pursuant to subsection 1 no. 3 do not exceed 3 million euro,

3. to the extent that for actual or legal reasons the resident is unable to access documents which

he needs to meet his reporting requirement, or

4. if the domestic or the dependent domestic company in which commercially associated foreign-

ers participate cannot perceive that the foreigners are commercially associated foreigners

within the meaning of subsection 2.

(5) The reports must be made on the basis of the balance sheet date of the person required

to submit the report or, if the person required to submit the report is a non-accounting domestic

branch or permanent establishment of a foreign company, on the basis of the balance sheet date

of the foreign company, whereby the report must contain the data in accordance Annex K4 “Assets

of foreigners in Germany”.

(6) The person required to submit the report shall be

1. in the case of subsection 1 no. 1 the domestic company,

2. in the case of subsection 1 no. 2 the dependent domestic company,

3. in the case of subsection 1 no. 3 the domestic branch or permanent establishment.

Section 66

Reporting of claims and liabilities

(1) Residents, excluding natural persons, monetary financial institutions pursuant to Article 1

first indent of Regulation (EC) No. 25/2009 of the European Central Bank of 19 December 2008 on

the balance sheet of the monetary financial institutions sector (OJ L 15 of 20 January 2009, p. 14),

most recently amended by Regulation (EU) No. 883/2011 (OJ L 228 of 3 September 2011, p. 13),

and investment stock corporations and capital management companies regarding the claims and

liabilities of their investment funds, must report their claims and liabilities with regard to foreigners

to the Deutsche Bundesbank pursuant to subsections 2 and 3 within the deadlines of Section 71

subsection 3 and 4 if the respective aggregate sums of these claims or liabilities total more than 5

million euro at the end of a month.

- 63 -

(2) The claims and liabilities with respect to foreign banks to be reported must contain the da-

ta pursuant to Annex Z5 “Claims and liabilities from financial relationships with foreign banks”.

(3) The claims and liabilities with respect to foreign non-banks to be reported must contain

the data in accordance with Annex Z5a sheet 1/1 “Claims and liabilities from financial relationships

with associated foreign non-banks”, Annex Z5a sheet 1/2 “Claims and liabilities from financial rela-

tionships with other foreign non-banks”, Annex Z5a sheet 2/1 “Claims and liabilities with respect to

associated foreign non-banks from movements of goods and services” and Annex Z5a sheet 2/2

“Claims and liabilities with respect to other foreign non-banks from movements of goods and ser-

vices”.

(4) Residents who are subject to reporting requirements pursuant to subsection 1 and whose

claims or liabilities from financial relationships with foreigners amount to more than 500 million euro

at the end of a quarter must report their claims and liabilities with respect to foreigners from deriva-

tive financial instruments on the basis of the status at the end of the quarter within the deadline of

Section 71 subsection 5, whereby the report must contain the data in accordance with Annex Z5b

“Claims and liabilities with respect to foreigners from derivative financial instruments”. The amounts

shall in principle be assessed at their fair value.

(5) If a resident who was required to submit a report for a previous reporting date is no longer

subject to the reporting requirement because he falls below the thresholds cited in subsec-

tions 1 and 4, he must give written notification of this.

D i v i s i o n 3

R e p o r t i n g o f p a y m e n t s

Section 67

Reporting of payments

(1) Residents shall report payments pursuant to subsection 4 to the Deutsche Bundesbank

within the deadlines of Section 71 subsection 7 and 8 which they

1. receive from foreigners or from residents for account of a foreigner (incoming payments) or

2. make to foreigners or to residents for account of a foreigner (outgoing payments).

- 64 -

(2) Reports shall not be made for

1. payments which do not exceed the amount of 12,500 euro or the equivalent value in other cur-

rency,

2. payments for the import, export or transfer of goods and

3. payments for the granting, receipt or repayment of loans, including the justification and repay-

ment of credit balances, with an originally agreed term or termination deadline of not more

than twelve months.

(3) Payments within the meaning of this subdivision shall include netting and offsetting and

payments handled by direct debit. Payment shall further include the bringing in of objects and

rights into companies, branches and permanent establishments.

(4) The reports of incoming and outgoing payments must include the data in accordance with

Annex Z4 “Payments in foreign trade and payments transactions”. In the case of payments related

to securities transactions and financial derivatives, the reports must contain the data in accordance

with Annex Z10 “Securities transactions and financial derivatives in foreign trade and payments

transactions”.

(5) The reports must contain meaningful data on the underlying performances or the basic

transaction and the corresponding numbers of Annex LV “List of performances of the Deutsche

Bundesbank for the balance of payments” and in the case of payments for direct investment secu-

ritised in shares additionally the international security code number and nominal amount or number

of items. In the case of payments relating to securities and financial derivatives, instead of the data

on the underlying transaction the names of the securities, the international security code number

and the nominal amount or number of items shall be cited.

Section 68

Reporting of payments in transit trade

(1) If reports must be made pursuant to Section 67 subsection 1 for transit trade transactions,

the following data must be also supplied in addition to Section 67 subsection 4:

1. the designation of the good,

2. the two-digit chapter number of the list of goods for the foreign trade statistics and

- 65 -

3. the country in which the foreign contracting party is headquartered.

(2) The person required to submit the report pursuant to Section 67 subsection 1 who has re-

ported an outgoing payment in transit trade and thereafter imports or transfers the transit trade

good into Germany must report the originally reported amount as “Cancellation in transit trade” to

the Deutsche Bundesbank within the deadline of Section 71 subsection 7.

Section 69

Reporting of payments of maritime shipping companies

Residents who operate a maritime shipping company must in derogation from Section 67 re-

port payments which they make or receive in connection with the operation of maritime shipping to

the Deutsche Bundesbank within the deadline of Section 71 subsection 7. The report must contain

the data in accordance with Annex Z8 “Revenues and outgoings of maritime shipping”.

Section 70

Reports of the financial institutions

(1) Domestic financial institutions must report the following to the Deutsche Bundesbank with-

in the deadline of Section 71 subsection 8:

1. payments for the sale or the acquisition of securities and financial derivatives which the finan-

cial institution sells to foreigners or buys from foreigners on its own or third-party account, and

payments which the financial institution makes to foreigners or receives from them in connec-

tion with the redemption of domestic securities; the reports must contain the data in accord-

ance with Annex Z10 “Security transactions and financial derivatives in foreign trade and pay-

ments transactions”;

2. interest and dividend payments on domestic securities which they make to or receive from for-

eigners; the reports must contain the data in accordance with Annex Z11 “Payments for secu-

rities yields in foreign trade and payments transactions”;

3. incoming and outgoing payments for interest payments and similar revenues and expenses,

excluding interest on securities received from or made to foreigners on their own account; the

reports must contain the data in accordance with Annex Z14 “Interest income and similar rev-

enues in foreign trade and payments transactions (excluding securities)” and Annex Z15 “In-

- 66 -

terest payments and similar expenses in foreign trade and payments transactions (excluding

interest on securities)”;

4. in relation to the movement of travellers

a) incoming and outgoing payments from card transactions; the reports must contain the da-

ta in accordance with Annex Z12 “Incoming/outgoing payments related to the movement

of travellers: card transactions”,

b) incoming and outgoing payments from the purchase and selling of foreign notes and coins

and turnover from the sale or the dispatch of travellers cheques denominated in foreign

currency; the reports must contain the data in accordance with Annex Z13 “Incom-

ing/outgoing payments related to the movement of travellers: foreign notes and coins and

travellers cheques denominated in foreign currency”.

(2) Financial institutions within the meaning of subsection 1 shall be

1. monetary financial institutions pursuant to Article 1 first indent of Regulation (EC) No. 25/2009

with the exception of money market funds,

2. other credit institutions pursuant to Section 1 subsection 1 of the Banking Act and

3. financial services institutions pursuant to Section 1 subsection 1a of the Banking Act.

(3) Subsection 1 no. 1 and 3 shall not be applied to payments which do not exceed the

amount of 12,500 euro or the equivalent value in other currency.

(4) In the case of reports pursuant to subsection 1 no. 1, the corresponding numbers of An-

nex LV “List of performances of the Deutsche Bundesbank for the balance of payments” and the

names of the securities, the international security code number and the nominal amount or number

of items shall be cited.

(5) To the extent that payments pursuant to subsection 1 must be reported, Section 67 shall

not apply.

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D i v i s i o n 4

R e p o r t i n g d e a d l i n e s , r e p o r t i n g o f f i c e s a n d e x c e p t i o n s

f r o m t h e r e p o r t i n g r e q u i r e m e n t

Section 71

Reporting deadlines

(1) Reports pursuant to Section 64 in accordance with Annex K3 shall be submitted once a

year at the latest by the last working day of the sixth calendar month following the balance sheet

date of the person required to submit the report or, where the person required to submit the report

does not keep accounts, of the sixth calendar month following 31 December.

(2) Reports pursuant to Section 65 in accordance with Annex K4 shall be submitted once a

year at the latest by the last working day of the sixth calendar month following the balance sheet

date of the person required to submit the report or, where the person required to submit the report

is a domestic branch or permanent establishment of a foreign company which does not keep ac-

counts, of the sixth calendar month following the balance sheet date of the foreign company.

(3) Reports pursuant to Section 66 subsection 1 in conjunction with Section 66 subsection 2

pursuant to Annex Z5 shall be submitted monthly by the tenth calendar day of the following month

on the basis of the status on the last working day of the preceding month.

(4) Reports pursuant to Section 66 subsection 1 in conjunction with Section 66 subsection 3

pursuant to Annex Z5a sheet 1 and sheet 2 shall be submitted monthly by the twentieth calendar

day of the following month on the basis of the status on the last working day of the preceding

month.

(5) Reports pursuant to Section 66 subsection 1 in conjunction with Section 66 subsection 4

in accordance with Annex Z5b must be submitted by the 50th calendar day following the end of

each quarter.

(6) The notification pursuant to Section 66 subsection 5 shall be submitted by the 20th calen-

dar day of the following month for the threshold cited in Section 66 subsection 1, by the 50th cal-

endar day following the end of each quarter for the threshold cited in Section 66 subsection 4.

- 68 -

(7) Reports pursuant to Section 67 subsection 1 in conjunction with Section 67 subsec-

tion 4 sentence 1 in accordance with Annex Z4, reports pursuant to Section 69 in accordance with

Annex Z8 and reports of cancellations pursuant to Section 68 subsection 2 shall be submitted by

the seventh calendar day of the month following the making or receipt of the payments or the im-

port or transfer of the transit trade good.

(8) Reports pursuant to Section 67 subsection 1 in conjunction with Section 67 subsection 4

sentence 2 in accordance with Annex Z10 and reports pursuant to Section 70 subsection 1 in ac-

cordance with Annexes Z10, Z11, Z12, Z13, Z14 and Z15 must be submitted by the fifth calendar

day of the following month.

Section 72

Reporting office and means of submission

(1) The reports pursuant to Sections 64 to 70 shall be submitted to the Deutsche Bundesbank

by electronic means. To the extent that this Ordinance does not contain any requirements as re-

gards form, the requirements as regards form issued by the Deutsche Bundesbank shall be ob-

served.

(2) The Deutsche Bundesbank shall on request transmit to the Federal Ministry of Economics

and Technology the data of the persons required to submit reports pursuant to Sections 64 and 65

in an appropriate form.

(3) Reports can be submitted in a form other than by electronic means where the Deutsche

Bundesbank has approved this and the formal requirements enacted are respected.

Section 73

Exceptions

The Deutsche Bundesbank can

1. permit simplified reports or derogations from reporting deadlines or procedures for individual

persons or groups of persons required to submit reports or

2. exempt on a temporary or revocable basis individual persons or groups of persons required to

submit reports from a reporting requirement,

- 69 -

to the extent that special reasons exist for this or this does not affect the purpose of the reporting

requirements.

Chapter 8

Restrictions against certain countries and persons

D i v i s i o n 1

P r o h i b i t i o n s o f e x p o r t s , t r a f f i c k i n g a n d b r o k e r i n g

Section 74

Prohibitions of exports of goods cited in Part I Section A of the Export List

(1) The sale, export and transit of goods cited in Part I Section A of the Export List from Ger-

many or via Germany or their shipment using a ship bearing the Federal flag, or an aircraft bearing

the national insignia of the Federal Republic of Germany to the following countries shall be prohib-

ited:

1. Belarus,

2. Burma/Myanmar,

3. Côte d’Ivoire,

4. Democratic Republic of the Congo,

5. Democratic People’s Republic of Korea,

6. Eritrea,

7. Iraq,

8. Iran,

9. Lebanon,

- 70 -

10. Liberia,

11. Libya,

12. Republic of Guinea,

13. Zimbabwe,

14. Somalia,

15. Sudan and South Sudan,

16. Syria.

(2) The sale, export and transit of goods covered by Part I Section A of the Export List from

Germany or via Germany or their shipment using a ship or an aircraft entitled to bear the Federal

flag or the national insignia of the Federal Republic of Germany shall be prohibited to natural or le-

gal persons, groups, organisations or establishments which are cited

1. in the list in the Annex to Council Regulation (EU) No. 1169/2012 of 10 December 2012 im-

plementing Article 2(3) of Regulation (EC) No. 2580/2001 on specific restrictive measures di-

rected against certain persons and entities with a view to combating terrorism and repealing

Implementing Regulation (EU) No. 542/2012 (OJ L 337 of 11 December 2012, p. 2) in the ver-

sion applicable at the time,

2. in Annex to Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive

measures directed against certain individuals, groups, undertakings and entities in view of the

situation in Afghanistan (OJ L 199 of 2 August 2011, p. 57) in the version applicable at the

time,

3. in Annex I to Council Regulation (EC) No. 881/2002 of 27 May 2002 imposing certain specific

restrictive measures directed against certain persons and entities associated with the Al-Qaida

network (OJ L 139 of 29 May 2002, p. 9) in the version applicable at the time,

4. in Annex I to Council Regulation (EU) No. 356/2010 of 26 April 2010 imposing certain specific

restrictive measures directed against certain natural or legal persons, entities or bodies, in

view of the situation in Somalia (OJ L 105 of 27 April 2010, p. 1)in the version applicable at the

time.

- 71 -

Section 75

Prohibition of trafficking and brokering transactions relating to goods cited in Part I Section

A of the Export List

(1) Trafficking and brokering transactions relating to goods cited in Part I Section A of the Ex-

port List which are directly or indirectly destined for persons, organisations or institutions in the fol-

lowing countries shall be prohibited:

1. Belarus,

2. Burma/Myanmar,

3. Côte d’Ivoire,

4. Democratic Republic of the Congo,

5. Democratic People’s Republic of Korea,

6. Iran,

7. Lebanon,

8. Libya,

9. Zimbabwe,

10. Sudan and South Sudan,

11. Syria.

(2) The prohibition pursuant to subsection 1 shall also apply if the goods are destined for use

in the following countries:

1. Belarus,

2. Democratic Republic of the Congo,

3. Democratic People’s Republic of Korea,

4. Iran,

5. Lebanon,

- 72 -

6. Libya,

7. Zimbabwe,

8. Sudan and South Sudan,

9. Syria.

Section 76

Exceptions from Section 74 subsection 1 and Section 75

(1) In derogation from Section 74 subsection 1 and Section 75 the sale, export, transit or traf-

ficking and brokering transactions can be authorised under the preconditions of subsections

2 to 17.

(2) Subsection 1 shall apply with reference to Belarus for

1. non-lethal military goods which are destined exclusively for humanitarian or protective purpos-

es or for capacity-building programmes of the United Nations and the European Union or for

crisis-management operations of the European Union and the United Nations,

2. vehicles which are not destined for battle deployment which have been manufactured or fitted

subsequently with materials to provide ballistic protection and are exclusively destined for the

protection of the staff of the European Union and its Member States in Belarus, and

3. protective clothing which is temporarily exported to Belarus by the staff of the United Nations,

the European Union or its Member States, by media representatives, humanitarian helpers,

development workers or staff attached to these persons for their personal use only.

(3) Subsection 1 shall apply with reference to Burma/Myanmar for

1. non-lethal military goods which are destined exclusively for humanitarian or protective purpos-

es or for capacity-building programmes of the United Nations and the European Union,

2. goods which are destined for crisis-management operations of the European Union and the

United Nations,

3. mine-clearing equipment and material for use in mine-clearing operations and

- 73 -

4. protective clothing which is temporarily exported to Burma/Myanmar by the staff of the United

Nations, the European Union or its Member States, by media representatives, humanitarian

helpers, development workers or staff attached to these persons for their personal use only.

(4) Subsection 1 shall apply with reference to Côte d’Ivoire for

1. goods which are destined exclusively to support the United Nations Operation in Côte d’Ivoire

(UNOCI) and the French troops supporting the mission or for their use,

2. non-lethal military equipment which is destined exclusively for humanitarian or protective pur-

poses, including the corresponding equipment which is destined for crisis-management opera-

tions of the European Union, the United Nations, the African Union and the Economic Com-

munity of West African States (ECOWAS),

3. goods which are temporarily exported to Côte d’Ivoire and are destined for the troops of a

state which is acting in compliance with international law solely and directly for the purpose of

facilitating the evacuation of its nationals and persons for whom it bears consular responsibility

in Côte d’Ivoire,

4. non-lethal military equipment related to the enforcement of legal provisions which is destined

exclusively to enable the security forces of Côte d’Ivoire to exercise force solely in an appro-

priate and proportionate manner in maintaining public order,

5. protective clothing, including body armour vests and military helmets, which is exported to

Côte d’Ivoire temporarily by the staff of the United Nations, the European Union or its Member

States, by media representatives, humanitarian helpers, development workers and staff at-

tached to these persons for their personal use only, and

6. goods which are destined exclusively to support the reform of the security sector in Côte

d’Ivoire.

(5) Subsection 1 shall apply with reference to the Democratic Republic of the Congo for

1. goods which are destined exclusively to support or to be used by army and police units of the

Democratic Republic of the Congo if these units

a) have completed their integration into the army and police units of the Democratic Republic

of the Congo,

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b) are under the command of the integrated staff of the armed forces (état-major intégré) or

the National Police of the Democratic Republic of the Congo, or

c) are integrated into army and police units of the Democratic Republic of the Congo in the

sovereign territory of the Democratic Republic of the Congo outside the provinces of North

and South Kivu and the Ituri district,

2. goods for the exclusive purpose of the support of or use by the United Nations Organization

Mission in the Democratic Republic of the Congo (MONUC) and

3. non-lethal military equipment which is destined exclusively for humanitarian or protective pur-

poses.

(6) With reference to the Democratic People’s Republic of Korea, subsection 1 shall apply to

vehicles which are not destined for battle deployment which have been manufactured or fitted sub-

sequently with materials to provide ballistic protection and are exclusively destined for the protec-

tion of the staff of the European Union and its Member States in the Democratic People’s Republic

of Korea.

(7) Subsection 1 shall apply with reference to Eritrea for

1. protective clothing, including body armour vests and military helmets, which is exported to Eri-

trea temporarily by the staff of the United Nations, by media representatives, humanitarian

helpers, development workers and staff attached to these persons for their personal use only,

and

2. non-lethal military goods which are destined exclusively for humanitarian or protective purpos-

es.

(8) Subsection 1 shall apply with reference to Iraq for goods which are needed by the Gov-

ernment of Iraq or the multinational force deployed by United Nations Security Council Resolution

1511 (2003) for the purpose of United Nations Security Council Resolution 1546 (2004).

(9) Subsection 1 shall apply with reference to Iran to vehicles which are not destined for battle

deployment which have been manufactured or fitted subsequently with materials to provide ballistic

protection and are exclusively destined for the protection of the staff of the European Union and its

Member States in Iran.

(10) Subsection 1 shall apply with reference to Lebanon for

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1. goods which are not supplied directly or indirectly to combat groups whose disarmament has

been demanded by the United Nations Security Council in its Resolutions 1559 (2004) and

1680 (2006) and the supply of which has been authorised by the Government of Lebanon or

the United Nations Interim Force in Lebanon (UNIFIL),

2. goods which are destined for use by UNIFIL in the context of its mission or by the Lebanese

armed forces, and

3. protective clothing which is temporarily exported to Lebanon by staff of the United Nations, the

European Union or its Member States.

(11) Subsection 1 shall apply with reference to Liberia for

1. goods which are destined exclusively to support the United Nations mission in Liberia (UNOCI)

or to be used by it,

2. non-lethal military goods which are destined exclusively for humanitarian or protective purpos-

es, and

3. protective clothing which is temporarily exported to Liberia by the staff of the United Nations,

by media representatives, humanitarian helpers, development workers or staff attached to the-

se persons for their personal use only.

(12) Subsection 1 shall apply with reference to Libya for

1. non-lethal military goods which are destined exclusively for humanitarian or protective purpos-

es,

2. other supply, sale or passing on of military equipment,

3. protective clothing, including body armour vests and military helmets, which is temporarily ex-

ported to Libya by the staff of the United Nations, the European Union or its Member States,

by media representatives, humanitarian helpers, development workers or staff attached to the-

se persons for their personal use only,

4. military equipment and related goods of all types which are destined exclusively for support of

the Libyan Government in the fields of security and disarmament, and

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5. small arms and light weapons and related goods which are temporarily exported to Libya sole-

ly for use by the staff of the United Nations, media representatives, humanitarian helpers, de-

velopment workers or staff attached to these persons.

(13) Subsection 1 shall apply with reference to the Republic of Guinea for

1. non-lethal military equipment which is destined exclusively for

a) humanitarian or protective purposes,

b) capacity-building programmes of the United Nations and the European Union,

c) crisis-management operations of the European Union and the United Nations, or

d) enabling the police forces of the Republic of Guinea to preserve public order,

2. vehicles which are not destined for battle deployment which have been manufactured or fitted

subsequently with materials to provide ballistic protection and are exclusively destined for the

protection of the staff of the European Union and its Member States in the Republic of Guinea,

3. the return of helicopters not destined for battle deployment whose military equipment has been

removed and which are used exclusively by the authorities of the Republic of Guinea to the ex-

tent that the Government of the Republic of Guinea has first given written assurance that the

use of the helicopters will remain under civilian control and that the helicopters will not be fur-

nished with military equipment,

4. protective clothing, including body armour vests and military helmets, which is temporarily ex-

ported to the Republic of Guinea by the staff of the United Nations, the European Union or its

Member States, by media representatives, humanitarian helpers, development workers or staff

attached to these persons for their personal use only, and

5. explosive substances and related equipment exclusively for civilian use in mining and in the

context of infrastructure investment to the extent that the storage and use is monitored and

audited by an independent body and the providers of the related services are identified.

(14) Subsection 1 shall apply with reference to Zimbabwe for

1. non-lethal military goods which are destined exclusively for humanitarian or protective purpos-

es or for capacity-building programmes of the United Nations and the European Union,

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2. goods which are destined for crisis-management operations of the European Union and the

United Nations, and

3. protective clothing which is temporarily exported to Zimbabwe by the staff of the United Na-

tions, the European Union or its Member States, by media representatives, humanitarian help-

ers, development workers or staff attached to these persons for their personal use only.

(15) Subsection 1 shall apply with reference to Somalia for

1. goods which are destined exclusively for the support of or use by the mission of the African

Union in Somalia pursuant to paragraph 4 of United Nations Security Council Resolution 1744

(2007),

2. goods which are destined exclusively for the support of or use by the strategic partners of the

mission of the African Union in Somalia which are acting exclusively in the context of the stra-

tegic concept of the African Union of 5 January 2012 and in co-operation and co-ordination

with the mission of the African Union in Somalia,

3. goods which are destined exclusively for use by states and regional organisations combating

piracy pursuant to paragraph 10 of United Nations Security Council Resolution 1846 (2008)

and paragraph 6 of United Nations Security Council Resolution 1851 (2008),

4. goods which are destined exclusively to build up the institutions of the security sector in har-

mony with paragraphs 1, 2 and 3 of United Nations Security Council Resolution 1744 (2007),

5. non-lethal military goods which are destined exclusively for humanitarian or protective purpos-

es,

6. equipment for the capacity-building programmes of the European Union or its Member States

carried out in the context of the peace and reconciliation process,

7. protective clothing which is temporarily exported to Somalia by the staff of the United Nations,

by media representatives and humanitarian helpers and development workers and staff at-

tached to these persons for their personal use only,

8. goods which are destined exclusively to support or to be used by the staff of the United Na-

tions, including the United Nations Political Office for Somalia or its successor missions, and

9. goods which are destined exclusively to build up the security forces of the Federal Govern-

ment of Somalia and to ensure the security of the Somali population.

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(16) Subsection 1 shall apply with reference to South Sudan for

1. non-lethal military equipment which is destined exclusively for

a) humanitarian or protective purposes,

b) monitoring the human rights situation,

c) capacity-building programmes of the United Nations, the African Union, the European Un-

ion and the European Community, or

d) support for the reform of the security sector in South Sudan,

2. material which is destined exclusively for crisis-management operations of the United Nations,

the African Union or the European Union, and

3. mine-clearing equipment and material for use in mine-clearing operations.

(17) Subsection 1 shall apply with reference to Syria for

1. goods which are destined exclusively the support of or use by the United Nations Disengage-

ment Observer Force (UNDOF),

2. non-lethal military goods which are destined exclusively for

a) humanitarian or protective purposes,

b) the protection of the civilian population,

c) capacity-building programmes of the United Nations and the European Union,

d) crisis-management operations of the European Union and the United Nations, or

e) the national coalition of the forces of the Syrian revolution and opposition for the purpose

of the protection of the civilian population,

3. vehicles which are not destined for battle deployment which have been manufactured or fitted

subsequently with materials to provide ballistic protection and are exclusively destined for the

protection of the staff of the European Union and its Member States in Syria, and

- 79 -

4. protective clothing which is temporarily exported to Syria by the staff of the United Nations, the

European Union or its Member States, by media representatives, humanitarian helpers, devel-

opment workers or staff attached to these persons solely for their own use.

D i v i s i o n 2

I m p o r t a n d t r a n s f e r p r o h i b i t i o n s

Section 77

Prohibitions of the import of goods covered by Part I Section A of the Export List from cer-

tain countries

(1) The import and acquisition of goods covered by Part I Section A of the Export List from

the following countries shall be prohibited, irrespective of whether the goods originated from these

countries:

1. Democratic People’s Republic of Korea,

2. Eritrea,

3. Iran,

4. Libya,

5. Syria.

(2) This prohibition shall also apply to the transport, including the use of a ship or an aircraft

which is entitled to bear the Federal flag or the national insignia of the Federal Republic of Germa-

ny.

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D i v i s i o n 3

S p e c i a l l i c e n s i n g r e q u i r e m e n t s

Section 78

Licensing requirements for the export of certain equipment

The export of equipment for the manufacture of bank notes, stamps, special bank note or

stamp paper shall be subject to a licence if the purchasing country or country of destination is the

Democratic People’s Republic of Korea.

D i v i s i o n 4

O f f e n c e s c o m m i t t e d b y G e r m a n s a b r o a d

Section 79

Restrictions pursuant to Section 5 subsection 5 of the Foreign Trade and Payments Act

Sections 74 to 77 shall also apply to Germans abroad.

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Chapter 9

Criminal and administrative offences

D i v i s i o n 1

C r i m i n a l o f f e n c e s

Section 80

Criminal offences

Pursuant to Section 17 subsection 1, subsection 2 to 5 of the Foreign Trade and Payments

Act, punishment shall be imposed on anyone who intentionally or recklessly

1. in violation of Section 74, also in conjunction with Section 79, sells, exports, transits or trans-

ports goods cited there,

2. in violation of Section 75 subsection 1, also in conjunction with Section 75 subsection 2, in

both cases also in conjunction with Section 79, undertakes a trafficking and brokering transac-

tion or

3. in violation of Section 77 subsection 1, also in conjunction with Section 77 subsection 2, in

both cases also in conjunction with Section 79, imports, acquires or transports goods cited

there.

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D i v i s i o n 2

A d m i n i s t r a t i v e o f f e n c e s

Section 81

Administrative offences - violations of provisions

of the Foreign Trade and Payments Ordinance

(1) An administrative offence as defined by Section 19 subsection 3 no. 1 letter a of the For-

eign Trade and Payments Act is committed by anyone who intentionally or negligently

1. in violation of Section 7 issues a boycott declaration,

2. without a licence pursuant to Section 10 subsection 1 sentence 1 or subsection 2 sentence 1

exports a good cited there,

3. without a licence pursuant to Section 11 subsection 2 transfers goods cited there,

4. in violation of Section 11 subsection 4 sentence 3 transfers goods cited there,

5. uses a good in violation of Section 29 sentence 2,

6. violates an enforceable order pursuant to Section 44 subsection 3, Section 59 subsection 1

sentence 1 or subsection 2 no. 1 or Section 62 or

7. effects a payment or another performance in violation of Section 54 subsection 1.

(2) An administrative offence within the meaning of Section 19 subsection 3 no. 1 letter b of

the Foreign Trade and Payments Act is committed by anyone who intentionally or negligently

1. in violation of Section 5 subsection 1 sentence 1 does not return a certified document or does

not do so in time,

2. in violation of Section 6 subsection 1 does not retain a document or does not do so for at least

five years,

3. in violation of Section 12 subsection 1, also in conjunction with Section 20, does not present

an export consignment or does not do so correctly or in time,

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4. in violation of Section 13 subsection 1 does not submit a cargo manifest or does not do so cor-

rectly or in time,

5. in violation of Section 13 subsection 5 does not present a declaration or does not do so cor-

rectly, in the prescribed manner or in time,

6. in violation of Section 14 subsection 3 or subsection 4, in each case also in conjunction with

Section 20, removes a good, causes it to be removed, loads a good or causes it to be loaded,

7. in violation of Section 15 subsection 1 or Section 17 subsection 4, also in conjunction with

Section 20, does not provide the data cited there or does not do so correctly, fully or in time,

8. in violation of Section 17 subsection 5 sentence 1, also in conjunction with Section 20, does

not submit an export registration cited there or does not do so correctly, fully or in time,

9. in violation of Section 22 subsection 1 does not inform the recipient or does not do so correct-

ly, fully or in time,

10. in violation of Section 22 subsection 2 sentence 1 or Section 26 subsection 1 sentence 1 does

not keep a register or a record or does not do so correctly, fully or in time,

11. in violation of Section 23 subsection 1 sentence 2 does not ensure that the export licence is

available,

12. in violation of Section 23 subsection 1 sentence 3 does not transmit the export licence or does

not do so in time,

13. in violation of Section 23 subsection 5 sentence 2 or Section 25 subsection 1 does not present

the export licence or a document cited in it or does not do so in time,

14. in violation of Section 29 sentence 1 does not make a communication or does not do so cor-

rectly, fully or in time,

15. in violation of Section 30 subsection 3 sentence 1, also in conjunction with Section 48 sen-

tence 2, does not provide documentation or does not do so correctly, fully or in time,

16. in violation of Section 30 subsection 3 sentence 2, also in conjunction with Section 48 sen-

tence 2,

a) does not make a notification or does not do so correctly, fully or in time or

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b) does not return a certificate or does not do so in time and does not make a communica-

tion or does not do so correctly, fully or in time,

17. in violation of Section 32 subsection 1 sentence 1 does not ensure that a document mentioned

there is available,

18. in violation of Section 32 subsection 3 does not submit a document cited there or does not do

so correctly or in time,

19. in violation of Section 64 subsection 1, Section 65 subsection 1, Section 66 subsection 1 or

subsection 4 sentence 1, Section 67 subsection 1, also in conjunction with Section 68 subsec-

tion 1, in violation of Section 69 or Section 70 subsection 1, does not make a report, or does

not do so correctly, fully or in time or

20. in violation of Section 68 subsection 2 does not make a notification or does not do so correctly,

fully or in time.

Section 82

Administrative offences – violations of acts of the European Union

(1) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 1

of the Foreign Trade and Payments Act is committed by anyone who intentionally or negligently in

violation of

1. Article 2(1) of Council Regulation (EEC) No 3541/92 of 7 December 1992 prohibiting the satis-

fying of Iraqi claims with regard to contracts and transactions, the performance of which was

affected by United Nations Security Council Resolution 661 (1990) and related resolutions (OJ

L 361 of 10 December 1992, p. 1),

2. Article 2(1) of Council Regulation (EC) No 3275/93 of 29 November 1993 prohibiting the satis-

fying of claims with regard to contracts and transactions the performance of which was affect-

ed by the United Nations Security Council Resolution 883 (1993) and related resolutions (OJ L

295 of 30 November 1993, p. 4),

3. Article 2(1) of Council Regulation (EC) No 1264/94 of 30 May 1994 prohibiting the satisfying of

claims by the Haitian authorities with regard to contracts and transactions the performance of

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which was affected by the measures imposed by or pursuant to United Nations Security Coun-

cil Resolutions 917 (1994), 841 (1993), 873 (1993) and 875 (1993) (OJ L 139 of 2 June 1994,

p. 4),

4. Article 2(1) of Council Regulation (EC) No 1733/94 of 11 July 1994 prohibiting the satisfying of

claims with regard to contracts and transactions the performance of which was affected by the

United Nations Security Council Resolution 757 (1992) and related resolutions (OJ L 182 of 16

July 1994, p. 1), or

5. Article 38(1) of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive

measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88 of 24 March

2012, p. 1, L 332 of 4 December 2012, p. 31), most recently amended by Regulation (EU) No

1264/2012 (OJ L 356 of 22 December 2012, p. 55),

fulfils a claim cited there.

(2) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 2

of the Foreign Trade and Payments Act is committed by anyone who violates Commission Regula-

tion (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council

Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ No. L 253 of 11 Oc-

tober 1993, p. 1) most recently amended by Regulation (EU) No. 1063/2010 (OJ L 307 of 23 No-

vember 2010, p. 1), by intentionally or negligently

1. violating an enforceable condition regarding the content or the deadline for the supplementary

customs declaration related to an approval pursuant to Article 282(1) in conjunction with Article

262(1) sentence 2,

2. violating an enforceable condition regarding the content of an accompanying document related

to an approval pursuant to Article 283 sentence 1 in conjunction with Article 287(1) sentence 1

letter d,

3. violating an enforceable condition regarding the presentation of the supplementary customs

declaration or the deadline for its presentation related to an approval pursuant to Article 283

sentence 1 in conjunction with Article 287(1) sentence 1 letter e,

4. violating Article 285(1) letter a by not informing the customs office of export or not informing it

correctly, fully or in time,

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5. violating Article 792a(1) sentence 1 by not informing the customs office of export or not inform-

ing it correctly, fully or in time,

6. performing the altered contract of carriage without approval pursuant to Article 792a(2) sen-

tence 1,

7. violating an enforceable condition on the notification of a goods shipment related to an exemp-

tion pursuant to Article 285a(1) sentence 2 letter a,

8. violating an enforceable condition on the addressing of goods in its accounts prior to shipment

from the places cited in Article 253(3) or Article 283 sentence 1 related to an exemption pur-

suant to Article 285a(1) sentence 2 letter c or

9. in violation of Article 793(1), also in conjunction with Article 841(1), not presenting copy no. 3

of the single administrative document or the export accompanying document of the customs

office of export or not presenting the goods released for exports to this customs office or doing

so incorrectly as the declarant prior to the exit of the goods from the customs territory of the

European Union.

(3) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 2

of the Foreign Trade and Payments Act is committed by anyone who, without authorisation pursu-

ant to Article 3(2) sentence 1 of Council Regulation (EC) No. 517/94 of 7 March 1994 on common

rules for imports of textile products from certain third countries not covered by bilateral agree-

ments, protocols or other arrangements, or by other specific Community import rules (OJ L 67 of

10 March 1994, p. 1), most recently amended by Regulation (EU) No. 1165/2012 (OJ L 336 of 8

December 2012, p. 55), intentionally or negligently transfers to free circulation in the Community an

import cited there.

(4) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 1

of the Foreign Trade and Payments Act is committed by anyone who, in violation of Article 5(1) of

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the ex-

tra-territorial application of legislation adopted by a third country, and actions based thereon or re-

sulting therefrom (OJ L 309 of 29 November 1996, p. 1, L 179 of 8 July 1997, p. 10), amended by

Regulation (EC) No. 807/2003 (OJ L 122 of 16 May 2003, p. 36), intentionally or negligently fulfils a

demand or a prohibition cited there. To the extent that the provisions cited in sentence 1 refer to

the Annex of Regulation (EC) No. 2271/96, this Annex shall apply in the version applicable at the

time.

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(5) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 2

of the Foreign Trade and Payments Act is committed by anyone who intentionally or negligently

does not present a container or a related certificate to a Community authority for examination or

does not do so in time in violation of Article 4(1) of Council Regulation (EC) No. 2368/2002 of 20

December 2002 implementing the Kimberley Process certification scheme for the international

trade in rough diamonds (OJ L 358 of 31 December 2002, p. 28), most recently amended by Regu-

lation (EC) No. 1268/2008 (OJ L 338 of 17 December 2008, p. 39).

(6) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 1

of the Foreign Trade and Payments Act is committed by anyone who intentionally or negligently

acquires, conveys or participates in the issue of a debt security or a security in violation of Article

9a letter a sentence 1 of Council Regulation (EC) No. 560/2005 of 12 April 2005 imposing certain

restrictive measures directed against certain persons and entities in view of the situation in Côte

d’Ivoire (OJ L 95 of 14 April 2005, p. 1), most recently amended by Regulation (EU) No. 193/2012

(OJ L 71 of 9 March 2012, p. 5).

(7) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 1

of the Foreign Trade and Payments Act shall be committed by anyone who violates Council Regu-

lation (EC) No. 329/2007 of 27 March 2007 concerning restrictive measures against the Democrat-

ic People’s Republic of Korea (OJ L 88 of 29 March 2007, p. 1) most recently amended by Regula-

tion (EU) No. 370/2013 (OJ L 111 of 23 April 2003, p. 43), by intentionally or negligently

1. opening a new representation or founding a new branch, a new joint venture or a subsidiary in

violation of Article 5a(1),

2. concluding an agreement referring to the opening of a new representation or the founding of a

new branch or subsidiary in violation of Article 5a(2) letter b,

3. purchasing a state or state-guaranteed bond or providing brokering services relating to the

purchase of a state or state-guaranteed bond in violation of Article 9a letter a or letter b or

4. not refusing the execution of a transaction in violation of Article 11a(1) letter b.

(8) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 2

of the Foreign Trade and Payments Act is committed by anyone who intentionally or negligently

does not present an import licence or does not do so in time in violation of Article 2(1) sentence 2

of Council Regulation (EC) No. 1340/2008 of 8 December 2008 on trade in certain steel products

between the European Community and the Republic of Kazakhstan (OJ L 348 of 24 December

2008, p. 1).

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(9) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 1

of the Foreign Trade and Payments Act is committed by anyone who violates Council Regulation

(EC) No. 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, trans-

fer, brokering and transit of dual-use items (OJ L 134 of 29 May 2009, p. 1, L 224 of 27 August

2009, p. 21) most recently amended by Regulation (EU) No. 388/2012 (OJ L 129 of 16 May 2012,

p. 12), by intentionally or negligently

1. violating an enforceable order pursuant to Article 6(1) sentence 1 or

2. transferring dual-use items within the Community without an authorisation pursuant to Article

22(1) sentence 1.

To the extent that the provisions cited in sentence 1 refer to Annex I or Annex IV of Regulation

(EC) No. 428/2009, these Annexes shall apply in the version applicable at the time.

(10) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 1

of the Foreign Trade and Payments Act is committed by anyone who violates Council Regulation

(EU) No. 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in

Syria and repealing Regulation (EU) No. 442/2011 (OJ L 16 of 19 January 2012, p. 1, L 259 of 27

September 2012, p. 7), most recently amended by Regulation (EU) No. 363/2013 (OJ L 111 of 23

April 2013, p. 1, L 123 of 4 May 2013, p. 28, L 127 of 9 May 2013, p. 27), by intentionally or negli-

gently

1. purchasing a state or state-guaranteed bond or providing brokering services relating to the

purchase of a state or state-guaranteed bond in violation of Article 24 letter a or letter b,

2. opening a new account, entering into a correspondent bank relationship, opening a new repre-

sentation or founding a branch, subsidiary or a new joint venture in violation of Article 25(1) or

3. concluding an agreement referring to the opening of a representation or the founding of a

branch or subsidiary in violation of Article 25(2) letter b.

(11) An administrative offence within the meaning of Section 19 subsection 4 sentence 1 no. 1

of the Foreign Trade and Payments Act is committed by anyone who violates Council Regulation

(EU) No. 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing

Regulation (EU) No. 961/2010 (OJ L 88 of 24 March 2012, p. 1, L 332 of 4 December 2012, p. 31),

most recently amended by Regulation (EU) No. 1264/2012 (OJ L 356 of 22 December 2012, p.

55), by intentionally or negligently

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1. accepting or authorising the granting of a loan or a credit, a participation or a joint venture in

violation of Article 22,

2. not notifying or not doing so correctly, fully, in the prescribed manner or in time in violation of

Article 30(3) letter a sentence 2 or (6) letter d sentence 1, Article 30a(1) letter a sentence 2 or

letter b sentence 2 or Article 31(1),

3. conducting a money transfer without authorisation pursuant to Article 30(3) letter b sentence 1

or letter c sentence 1 or Article 30a(1) letter c,

4. not refusing the execution of a transaction in violation of Article 30(6) letter b,

5. opening a new bank account in violation of Article 33(1) letter a,

6. entering into a correspondent bank relationship in violation of Article 33(1) letter b,

7. opening a new representation or establishing a branch or a subsidiary in violation of Article

33(1) letter c,

8. concluding an agreement referring to the opening of a representation or the founding of a

branch or subsidiary in violation of Article 33(2) letter b, or

9. purchasing a state or state-guaranteed bond or providing brokering services relating to the

purchase of a state or state-guaranteed bond in violation of Article 34 letter a or letter b.

To the extent that the provisions cited in sentence 1 refer to Annex I to VIIb of Regulation (EU) No.

267/2012, these Annexes shall apply in the version applicable at the time.

Chapter 10

Entry into force

Section 83

Entry into force, expiry

This Ordinance shall enter into force on the day of the entry into force of the Act Modernising

Foreign Trade and Payments Law pursuant to Article 4 subsection 1 sentence 1. At the same time,

the Foreign Trade and Payments Ordinance in the version of 22 November 1993 (Federal Law

- 90 -

Gazette I p. 1934, 2493), most recently amended by Article 27(12) of the Act of 4 July 2013 (Fed-

eral Law Gazette I p. 1981), shall expire.

PART ONE A list of weapons, ammunition and armor 0001 Handguns with a smooth running of less than 20 mm, other handguns and machines with a caliber of 12,7 mm or smaller and accessories suitable for this purpose, as well as specially designed components therefor: Note: 0001 does not control: (a) Weapons specially designed for exercise ammunition which can not obstruct projectiles, (b) Weapons specially designed to refuse captive missiles not having an explosive charge or a communication link for a distance of less than or equal to 500 m, (c) weapons for rimfire cartridge cartridges which are not fully automatic, d) "deactivated firearms". (a) Long-range and short-arm rifles, including combined weapons, machine guns, machine guns, and guns; Note: 0001a does not control the following weapons: (a) Rifles and combined weapons produced before 1938, (b) reproductions of guns and combined weapons, the originals of which were produced before 1890, (c) short-arm, salvo and machine-made weapons, produced before 1890, and their reproductions, (d) Long or short armaments specially designed to protect an inert projectile with compressed air or carbon dioxide (CO2). b) Weapons with smooth running as follows: 1. Arms with smooth barrel, specially designed for military purposes, 2. Other weapons with smooth running as follows: a) Fully automatic machines, (b) semi-automatic or repeater; Note: Subheading 0001b2 does not control weapons specially designed to separate an inert projectile with compressed air or carbon dioxide (CO2). Note: Subheading 0001b does not control the following weapons: a) Arms with a smooth barrel, produced before 1938, (b) reproductions of smooth-running weapons whose originals were produced before 1890, (c) guns with a smooth run for hunting or sporting purposes, which can not give more than three shots before reloading, (d) Arms with smooth running, specially designed or modified for one of the following purposes: 1. Slaughter of domestic animals, 2. The deprivation of animals, 3. Seismic tests, 4. firing of industrial projectiles or 5. Detonation of unconventional blasting and fire devices (USBV). Supplementary note: For disruptors, see also item 0004 and item 1A006 of Annex I to Regulation (EC) No 428/2009, as amended. (c) weapons using ammunition; 0001 (continued) (d) exchange magazines, silencers, special gun mountings, mouth fire dampers and mouth brakes for the weapons registered by sub-numbers 0001a, 0001b or 0001c, and weapon equipment specially designed

for military purposes. Note: The 0001d does not control target telescopes without electronic image processing at up to nine times magnification, provided they are not specially designed for military purposes. 0002 Weapons of smooth running of 20 mm or more, other armours or guns with a caliber exceeding 12,7 mm, guns and accessories as follows, and specially designed components therefor: (a) guns, howitzers, guns, mortars, anti-tank guns, other firearms, firing missiles and rockets, military guns, guns, non-rearmed weapons, smooth-running weapons and signature reduction devices; Note 1: Sub-item 0002a includes injectors, measuring instruments, storage tanks and specially designed components for the use of liquid propellant charges for one of the equipment items covered by sub-item 0002a. Note 2: Item 0002a does not control the following weapons: (a) rifles, smooth-barrel weapons and combined weapons, produced before 1938, (b) reproductions of guns, smooth-running weapons and combined weapons, the originals of which were produced before 1890, (c) Guns, howitzers, guns and mortars made before 1890, (d) guns with a smooth run for hunting or sporting purposes, which can not deliver more than three shots before reloading, (e) Arms with smooth running, specially designed or modified for one of the following purposes: 1. Slaughter of domestic animals, 2. Anesthetization of animals, 3. Seismic tests, 4. firing of industrial projectiles or 5. Defusing unconventional blasting and fire devices (USBV), Additional note: For Disruptor, see also item 0004 and item 1A006 of Annex I to Regulation (EC) No 428/2009, as amended. (f) Hand-held launcher specially designed to shoot at a distance of less than or equal to 500 m, tied shot projectiles which do not have a blasting wheel and no communication link.

0002 (continued) (b) fog and gazes, pyrotechnic launchers or generators specially designed or modified for military use; Note: Sub-item 0002b does not control signal guns. (c) Weapons and armatures for weaponry, having all of the following: 1. specially designed for military purposes and 2. specially designed for the weapons specified in subheading 0002a; (d) Lifts and changing bins, specially designed for weapons specified in subheading 0002a. 0003 Ammunition and ignition devices, as follows, and specially designed components therefor: (a) ammunition for the weapons covered by items 0001, 0002 or 0012; (b) Ignition devices, specially designed for the munitions covered by sub-item 0003a. Note 1: Specially constructed components in item 0003 include: a) metal or plastic components, e.g. Anvils in primers, projectile coats, patron belt members, guide rings and other ammunition components of metal, b) fuse devices, igniters, sensors and igniters, c) current sources for the one-time delivery of a high power, (d) propellant charges, propellant charge powders and flammable ferrites for propellant charges,

(e) Submunition including bomblets, minelets and end-phase-directed shells. Note 2: Subheading 0003a does not cover: (a) ammunition without projectile (maneuvering), (b) Drifting with perforated powder chamber, (c) other ammunition without bullet or munitions which do not contain any components designed for combat ammunition, or (d) Components specially designed for the ammunition referred to in points (a), (b) and (c) of this Note without bullet or munitions. Note 3: Subheading 0003a does not control cartridges specially designed for one of the following purposes: a) signal muting, (b) Bird scare or bird scaring (c) Ammunition for lighting torches on oil wells. Note 4: Subnumber 0003a does not detect rimfire cartridge cartridges .22.

0004 bombs, torpedoes, missiles, missiles, other explosive devices and explosive charges, and related equipment and accessories, as follows, and specially designed components therefor: Additional Note 1: For steering and navigation equipment, see 0011. Additional Note 2: Aircraft Missile Protection System (AMPS), see sub-number 0004c. (a) bombs, torpedoes, grenades, smoke and mist guns, rockets, mines, missiles, water bombs, explosive charges, explosive devices and explosive accessories, pyrotechnic ammunition, cartridges and simulators one of the goods covered by subheading 0004a), specially designed for military use; Note: Sub-0004a includes: (a) smoke and mist granaries, fire bombs, fire bombs and explosives, (b) propulsion nozzles of missiles and apex of reintroduction bodies. (b) equipment having all of the following: 1. specially designed for military purposes and 2. specially designed for 'activities' relating to: (a) goods covered by subheading 0004a; b) unconventional blasting and fire devices (USBV); Technical Note: For the purposes of subheading 0004b2, the term "activities" means the handling, firing, laying, monitoring, ejection, ignition, sharpening, power supply with a one-time delivery of high power, deceiving, disturbery, spaces, places, destruction or elimination. Note 1: Sub-item 0004b includes: (a) mobile gas liquefaction plants with a production capacity of at least 1 t of liquefied gas per day, (b) buoyant electrically conductive cables for the cleaning of magnetic mines. Note 2: Subheading 0004b covers non-portable devices which by their design are limited solely to the location of metallic objects and are not suitable for distinguishing between mines and other metallic objects. (c) Aircraft Missile Protection Systems (AMPS). Note: Subheading 0004c does not control missile defense systems for aircraft with all of the following characteristics:

(a) with the following missile warning sensors: 1. passive sensors with a peak sensitivity between 100-400 nm or 2. active missile warning sensors with pulsed Doppler radar; b) ejection system for debris bodies; (c) decoy bodies which emit both a visible signature and an infrared signature to direct ground-to-air missiles, and

0004 (c) Note (continued) (d) incorporated into a "civil aircraft" and having all of the following: 1. The anti-aircraft vehicle system for aircraft shall be operational only in the designated "civilian aircraft" in which it is installed and for which one of the following documents has been issued: (a) a civilian model issued by the civil aviation authorities of one or more EU Member States or participating States of the Wassenaar Arrangement; (b) an equivalent document recognized by the International Civil Aviation Organization (ICAO); (2) the airborne vehicle anti - aircraft system includes protection to prevent unauthorized access to the "software", and 3. The aircraft anti-aircraft system includes an active mechanism that will put the system in a non-operational condition as soon as it is removed from the "civilian" aircraft into which it was installed. 0005 Fire-fighting equipment, associated monitoring and alarm equipment and related systems, testing or adjustment equipment, and equipment for counter-measures, as follows, specially designed for military use, and specially designed components and accessories therefor: (a) weapon equipment not covered by subheading 0001d or 0002c, bombs, firearms and weapon control systems; (b) target detection, target mapping, target distance measurement, target monitoring or target tracking systems, location, data fusion, identification or identification devices and sensor integration equipment; (c) equipment for countermeasures against the equipment specified in subheading 0005a or 0005b; Note: Equipment for countermeasures as defined in subheading 0005c includes detection equipment. (d) test or adjustment equipment specially designed for the repair or maintenance of the equipment specified in subheading 0005a, 0005b or 0005c.

0006 Agricultural vehicles and components therefor, as follows: Additional note: For steering and navigation equipment, see 0011. (a) Land vehicles and components therefor, specially designed or modified for military use; Technical Note: Land vehicles as defined in subheading 0006a also include trailers. (b) Other land vehicles and components thereof: 1. Vehicles not covered by subheading 0006a, having all of the following characteristics: (a) vehicles which have been manufactured or equipped with metallic or non-metallic materials or components in order to effect ballistic protection of the resistance class FB 6 / BR6 according to DIN EN 1522 or DIN EN 1063, or better; b) all-wheel drive; (c) maximum permissible weight exceeding 4500 kg; and d) Cross-country skiing. 2. Ingredients having all of the following:

(a) specially designed for vehicles registered by subheading 0006b1; and b) achieve a ballistic protection of the resistance class FB 6 / BR6 according to DIN EN 1522 or DIN EN 1063 or better. Note 1: Sub-number 0006a includes: (a) Tanks and other military armed vehicles and military vehicles equipped with gauges or equipment for mining or launching the weapons specified in item 0004, (b) armored vehicles, (c) amphibious and low-wattage vehicles, (d) rescue vehicles and vehicles for the transport and towing of ammunition or weapon systems and associated loading systems. Note 2: The modification of a military vehicle for military purposes, as specified in sub-item 0006a, means a structural, electrical or mechanical modification involving one or more specially designed military components. Such ingredients include: (a) Airborne rifles in the most bulletproof special design, b) armored protection of important parts (e.g., fuel tanks or vehicle cabinets); (c) special reinforcements or mountings for the reception of weapons, d) camouflage lighting, e) Multicolor camouflage coating of the vehicle. Note 3: Number 0006 does not control the following vehicles with protective armor: (a) civilian special protection guards, b) value transport, (c) civilian off-road vehicles with a maximum authorized weight of not more than 4500 kg, (d) sports utility vehicles (SUVs) with a maximum authorized weight of not more than 4500 kg. Note 4: Number 0006 does not control vehicles with all of the following characteristics: a) produced before 1946, (b) not equipped with goods covered by the list of arms, ammunition and armouring material (Part I A), manufactured after 1945, with the exception of reproductions of original or original accessories of the vehicle; (c) not equipped with vessels covered by numbers 0001, 0002 or 0004, unless the weapons are useless and incapable of firing a projectile.

0006 (continued) Note 5: No. 0006 does not cover the following military components: (a) Rifle and weapon rests, b) camouflage net supports, c) NATO couplings, d) Roof hatches, round with hinged or hinged lid. Additional note: See also subheading 0013a and part I B, point 9A991. 0007 Chemical agents, "biological agents", "irritants", radioactive substances, associated equipment, components and materials, as follows: (a) "biological agents" or radioactive substances have been selected or modified to increase the effectiveness of the excommunication of humans or animals, the functional impairment of equipment, the destruction of crops or the degradation of the environment; (b) chemical agents including:

1. Nervous agents: a) alkyl (R1) phosphonic acid alkyl (R2) ester fluorides (R1 = methyl, ethyl, n-propyl or isopropyl) (R2 = alkyl or cycloalkyl, Cn = C1 to C10) such as: Sarine (GB): methylphosphonic acid isopropylester fluoride (CAS No. 107-44-8) and Soman (GD): methylphosphonic acid spinolylesterfluoride (CAS No. 96-64-0), b) phosphoric acid dialkyl (R1, R2) amide cyanide alkyl (R3) ester (R1, R2 is methyl, ethyl, n-propyl or isopropyl) (R3 = alkyl or cycloalkyl, Cn = C1 to C10) such as: Tabun (GA): phosphoric acid dimethylamide cyanide ethyl ester (CAS No. 77-81-6), c) alkyl (R1) thiolphosphonic acid S- (2-dialkyl (R3, R4) aminoethyl) alkyl (R2) ester (R2 = H, alkyl or cycloalkyl, Cn = C1 to C10) (R1, R3, R4 Methyl, ethyl, n-propyl or isopropyl) or corresponding alkylated or protonated salts, such as: VX: Methylthiolphosphonic acid S- (2-diisopropylaminoethyl) ethyl ester (CAS No. 50782-69-9); 2. Skin-fighting substances: a) Sulfurless, such as: 1. 2-Chloroethylchloromethylsulfide (CAS No. 2625-76-5), 2. bis (2-chloroethyl) sulfide (CAS No. 505-60-2), 3. bis (2-chloroethylthio) -methane (CAS No. 63869-13-6), 4. 1,2-bis (2-chloroethylthio) ethane (CAS No. 3563-36-8), 5. 1,3-bis (2-chloroethylthio) -n-propane (CAS No. 63905-10-2), 6. 1,4-Bis (2-chloroethylthio) -n-butane, 7. 1,5-Bis (2-chloroethylthio) -n-pentane, 8. bis (2-chloroethylthiomethyl) ether, 9. bis (2-chloroethylthioethyl) ether (CAS No. 63918-89-8), b) Lewisites, such as: 1. 2-chlorovinyldichlorarsine (CAS No. 541-25-3), 2. bis (2-chlorovinyl) chloroarine (CAS No. 40334-69-8), 3. Tris (2-chlorovinyl) arsine (CAS No. 40334-70-1), c) nitrogen solutes such as: 1. HN1: N-ethyl-bis (2-chloroethyl) -amine (CAS No. 538-07-8), 2. HN2: N-methyl-bis (2-chloroethyl) -amine (CAS No. 51-75-2), 3. HN3: tris (2-chloroethyl) amine (CAS No. 555-77-1), 3. Psychotropic substances such as: a) BZ: 3-quinuclidinyl benzilate (CAS No. 6581-06-2), 4. Defoliants, such as: a) butyl- (2-chloro-4-fluoro-phenoxy) -acetate (LNF), b) 2,4,5-trichlorophenoxyacetic acid (CAS No. 93-76-5) mixed with 2,4-dichloro-phenoxyacetic acid (CAS No. 94-75-7) (Agent Orange (CAS No. 39277- 47-9));

0007 (continued) (c) Components for binary weapons and key precursors as follows: 1. Alkyl (methyl, ethyl, n-propyl or isopropyl) phosphonic acid difluorides such as: DF: Methyl phosphonic acid difluoride (CAS No. 676-99-3), 2. Alkyl (R1) phosphonous acid O-2-dialkyl (R3, R4) aminoethylalkyl (R2) ester (R1, R3, R4 = methyl, ethyl, n-propyl, isopropyl) , Alkyl or cycloalkyl, C n = C 1 to C 10) and corresponding alkylated or protonated salts such as: QL: methylphosphonic acid O- (2-diisopropylaminoethyl) ethyl ester (CAS No. 57856-11-8),

3. Chlorosarin: methylphosphonic acid isopropyl ester chloride (CAS No. 1445-76-7), 4. Chlorosome: methylphosphonic acid pinacolyte ester chloride (CAS No. 7040-57-5); d) "irritants", chemically active components and combinations thereof, including: 1. α-bromophenylacetonitrile, (bromobenzyl cyanide) (CA) (CAS No. 5798-79-8); 2. [(2-Chlorophenyl) methylene] propanedinitrile, (o-chlorobenzylidene-malonitrile) (CS) (CAS No. 2698-41-1); 3 2-chloro-1-phenylethanone, phenylacyl chloride (ω-chloroacetophenone) (CN) (CAS No. 532-27-4); 4 dibenz- (b, f) -1,4-oxazepine (CR) (CAS No. 257-07-8); 5. 10-Chloro-5,10-dihydrophenicazine, (phenarsazine chloride) (adamsitol), (DM) (CAS No. 578-94-9); 6. N-Nonanoylmorpholine (MPA) (CAS No. 5299-64-9); Note: Subheading 0007d does not cover chemically active components and combinations thereof, characterized and packaged for the manufacture of food or for medical purposes. (e) equipment specially designed or modified for military use designed or modified to provide one of the following materials or agents or one of the following substances and specially designed components therefor: 1. Materials or agents covered by subheading 0007a, 0007b or 0007d, or 2. chemical agents consisting of components for binary weapons or key precursors covered by subheading 0007c; (f) Protective and decontamination equipment, specially designed or modified for military use, components, and specially formulated mixtures of chemicals, as follows: 1. Equipment designed or modified to repel the materials covered by sub-item 0007a, 0007b or 0007d, and specially designed components therefor, 2. Equipment designed or modified for the decontamination of objects or terrain contaminated with materials covered by sub-item 0007a or 0007b and specially designed components therefor, 3. Mixtures of chemicals specially designed or formulated for the decontamination of objects or sites contaminated with materials covered by subheading 0007a or 0007b; Note: sub-number 0007f1 includes: (a) air purification plants specially designed or prepared for filtering radioactive, biological or chemical substances; b) Protective clothing. Additional note: Civil protection masks, protective equipment and decontamination equipment, see point 1A004 of Annex I to Regulation (EC) No 428/2009

0007 (continued) (h) 'biopolymers' specially designed or constructed for the detection or identification of the chemical agents and specific cell cultures covered by subheading 0007b for their manufacture; (i) "biocatalysts" for the decontamination and degradation of chemical agents and biologic systems therefor, as follows: 1. "Biocatalysts", specially developed for the decontamination and degradation of the chemical agents covered by sub-item 0007b, and produced by targeted laboratory selection or genetic manipulation of biological systems, 2. Biological systems containing specific genetic information for the production of the biocatalysts covered by subheading 0007i1, as follows: (a) "expression vectors",

(b) viruses, c) Cell cultures. Note 1: Sub-items 0007b and 0007d do not cover: a) Chloro cyan (CAS No. 506-77-4), b) hydrobromic acid (CAS No. 74-90-8), c) chlorine (CAS No. 7782-50-5), d) Carbonyl chloride (phosgene) (CAS No. 75-44-5), e) methyl perchloroformate (diphosgene) (CAS No. 503-38-8), (f) not used, g) Xylyl bromide, ortho: (CAS No. 89-92-9), meta: (CAS No. 620-13-3), para: (CAS No. 104-81-4), h) benzyl bromide (CAS No. 100-39-0), i) benzyl iodide (CAS No. 620-05-3), j) bromoacetone (CAS No. 598-31-2), k) cyanogen bromide (CAS No. 506-68-3), l) Bromomethyl ethyl ketone (CAS No. 816-40-0), m) chloroacetone (CAS No. 78-95-5), n) ethyl iodoacetate (CAS No. 623-48-3), o) iodoacetone (CAS No. 3019-04-3), p) chloropicrin (CAS No. 76-06-2). Note 2: Numbers 0007h and 0007i2 only cover specific cell cultures and bio-logical systems. Cell cultures and biological systems for civilian purposes, e.g. agriculture, pharmacy, medicine, veterinary medicine, the environment, waste management and the food industry are not covered. Note 3: 0007 does not control "irritants" individually packaged for personal self-defense purposes. Note 4: See also point 1A004 of Annex I to Regulation (EC) No 428/2009, as amended. Note 5: For the starting materials for the manufacture of toxic active substances, see point 1C350 of Annex I to Regulation (EC) No 428/2009, as amended. Note 6: Associated biological active substances, see paragraphs 1C351 to 1C354 of Annex I to Regulation (EC) No 428/2009, as amended. The biological active substances mentioned there are only covered by subheading 0007a if they correspond to the term "for war". In so far as they possess war weapons, their export is prohibited under Section 17 or 18 of the War Control Act.

0008 "Energetic materials" and related substances as follows: Additional Note 1: See also point 1C011 of Annex I to Regulation (EC) No 428/2009, as amended. Additional Note 2: Charges and devices, see paragraph 0004 and item 1A008 of Annex I to Regulation (EC) No 428/2009, as amended. Technical notes: 1. Mixture as defined in paragraph 0008, with the exception of subheading 0008c11 or 0008c12, means a composition consisting of two or more substances, one of which must be mentioned in the subheadings of item 0008. 2. Any substance covered by a sub-number of item 0008 shall be deemed to be used even if it is used for a purpose other than that referred to in the heading for that sub-item (eg, TAGN is mainly used as an explosive substance, but can also be used as fuel or oxidizing agent).

3. Particle size in the sense of number 0008 means the mean particle diameter in relation to weight or volume. Samples and determination of the particle size are subject to international or comparable national standards. (a) "Explosives" as follows and "mixtures" thereof: 1. ADNBF (7-amino-4,6-dinitrobenzofurazan-1-oxide (CAS No. 97096-78-1), amino-dinitrobenzofuroxan), 2. BNCP (Cis-bis (5-nitrotetrazolato) tetramineobalt (III) perchlorate) (CAS No. 117412-28-9), 3. CL-14 (5,7-diamino-4,6-dinitrobenzofurazan-1-oxide (CAS No. 117907-74-1) or diaminodinitrobenzofuroxan), 4. CL-20 (HNIW or hexanitrohexaazaisowurtzitan) (CAS No. 135285-90-4), Chlathrate of CL-20 (see also sub-numbers 0008g3 and g4 for its "precursors"), 5. CP (2- (5-cyanotetrazolato) pentamine bobalt (III) perchlorate) (CAS No. 70247-32-4), 6. DADE (1,1-diamino-2,2-dinitroethylene, FOX 7) (CAS No. 145250-81-3), 7. DATB (diaminotrinitrobenzene) (CAS No. 1630-08-6), 8. DDFP (1,4-dinitrodifurazanopiperazine), 9. DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS No. 194486-77-6), 10. DIPAM (diaminohexanitrodiphenyl) (CAS No. 17215-44-0), 11. DNGU (DINGU or dinitroglycoluril) (CAS No. 55510-04-8), 12. Furazane as follows: (a) DAAOF (DAAF, DAAFox or diaminoazoxyfurazane), b) DAAzF (diaminoazofurazan) (CAS No. 78644-90-3), 13. HMX and HMX derivatives (see also sub-item 0008g5 for their "precursors") as follows: a) HMX (cyclotetramethylenetetranitramine or octogen) (CAS No. 2691-41-0), b) difluoroamine analogs of the HMX, c) K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraaza-bicyclo-3,3,0-octanone-3 (CAS No. 130256-72-3), tetranitrosemiglycouril or keto-bicyclic HMX), 14. HNAD (hexanitroadamantane) (CAS No. 143850-71-9), 15. HNS (hexanitrostilbene) (CAS No. 20062-22-0), 16. Imidazoles as follows: a) BNNII (octahydro-2,5-bis (nitroimino) imidazo-4,5-d-imidazole), b) DNI (2,4-dinitroimidazole) (CAS No. 5213-49-0), c) FDIA (1-fluoro-2,4-dinitroimidazole), d) NTDNIA (N- (2-nitrodiazolo) -2,4-dinitroimidazole), e) PTIA (1-picryl-2,4,5-trinitroimidazole), 17. NTNMH (1- (2-nitrotriazolo) -2-dinitromethylenehydrazine), 18. NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CA.

0008 (a) (continued) 21. RDX and RDX derivatives as follows: a) RDX (hexogen, cyclotrimethylenetrinitramine) (CAS No. 121-82-4), b) Keto-RDX (2,4,6-trinitro-2,4,6-triaza-cyclohexanone or K-6) (CAS No. 115029-35-1), 22nd day (triaminoguanidine nitrate) (CAS No. 4000-16-2), 23. TATB (triaminotrinitrobenzene) (CAS No 3058-38-6) (see also subheading 0008g7 for its "precursors"), 24. TEDDZ (3,3,7,7-tetra-bis (difluoroamine) octahydro-1,5-dinitro-1,5-diazocine),

25. Tetrazoles as follows: a) NTAT (nitrotriazole aminotetrazole), b) NTNT (1-N- (2-nitrotriazolo) -4-nitrotetrazole), 26. Tetryl (trinitrophenylmethylnitramine) (CAS No. 479-45-8), 27. TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecaline) (CAS No. 135877-16-6) (see also sub-number 0008g6 for its "precursors"), 28. TNAZ (1,1,3-trinitroazetidine) (CAS No. 97645-24-4) (see also sub-number 0008g2 for its "precursors"), 29. TNGU (tetranitroglycoluril or SORGUYL) (CAS No. 55510-03-7), 30. TNP (1,4,5,8-tetranitro-pyridazino-4,5-d-pyridazine) (CAS No. 229176-04-9), 31. Triazines as follows: a) DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS No. 19899-80-0), b) NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5-triazine) (CAS No. 130400-13-4), 32. Triazoles as follows: a) 5-azido-2-nitrotriazole, b) ADHTDN (4-amino-3,5-dihydrazino-1,2,4-triazole-dinitramide) (CAS No. 1614-08-0), c) ADNT (1-amino-3,5-dinitro-1,2,4-triazole), d) BDNTA ((bis-dinitrotriazole) amine), e) DBT (3,3'-dinitro-5,5-bis-1,2,4-triazole) (CAS No. 30003-46-4), f) DNBT (dinitrobistriazole) (CAS No. 70890-46-9), (g) not used, h) NTDNT (1-N- (2-nitrotriazolo) -3,5-dinitrotriazole), i) PDNT (1-picryl-3,5-dinitrotriazole), j) TACOT (tetranitrobenzotriazolobenzotriazole) (CAS No. 25243-36-1), 33. "Explosives" other than those specified in subheading 0008a and having any of the following: (a) detonation rate greater than 8 700 m / s at maximum density, or b) detonation pressure greater than 34 GPa (340 kbar), 34. Not used, 35. DNAN (2,4-dinitroanisole) (CAS No. 119-27-7); 36. TEX (4,10-dinitro-2,6,8,12-tetraoxa-4,10-diazaisowurtzitan), 37. GUDN (guanylurea dinitramide) FOX-12 (CAS No. 217464-38-5), 38. Tetrazine as follows: a) BTAT (bis (2,2,2-trinitroethyl) -3,6-diaminotetrazine), b) LAX-112 (3,6-diamino-1,2,4,5-tetrazine-1,4-dioxide); 39. ionic energetic materials with a melting point of between 343 K (70 oC) and 373 K (100 oC) and a detonation speed greater than 6800 m / s or a detonation pressure greater than 18 GPa (180 kbar); 40. (Bis (2,2,2-trinitroethyl) -Nitramine) (CAS No. 19836-28-3); 41. FTDO (5,6- (3 ', 4'-furazano) -1,2,3,4-tetrazine-1,3-dioxide); Note: Subheading 0008a includes explosive co-crystals (explosive co-crystals). Technical Note: Explosive co-crystal is a solid consisting of an ordered three-dimensional array of two or more explosive molecules, at least one of which is indicated in sub-number 0008a.

0008 (continued) (b) 'fuels' shall be as follows: 1. all solid "fuels" with a theoretically achievable specific impulse (at standard conditions) of more than (a) 240 seconds for non-metallic, nonhalogenated "fuels", (b) 250 seconds for non - metallic, halogenated "fuels" or c) 260 seconds for metallic "fuels", 2. Not used, 3. "propellants" having a theoretical force greater than 1 200 kJ / kg, 4. "propellants" which have a stable, uniform burning rate of more than 38 mm / s under standard conditions at 6.89 MPa (68.9 bar) and 294 K (21 ° C) (measured on an inhibited single strand) respectively, 5. Elastomer-modified, cast, dibasic "propellants" (EMCDB) exhibiting an elongation at more than 5% at maximum load at 233 K (-40 ° C) 6. Other 'fuels' containing substances classified under subheading 0008a, 7. "Fuels", other than those specified in the armaments, ammunition and armouring list (Part I A), specially designed for military use; (c) "pyrotechnic", fuels and related substances, as follows, and "mixtures" thereof: 1. "Aircraft" fuels, specially formulated for military use, Note: "Aircraft" fuels covered by subheading 0008c1 are finished products and not their individual components. 2. Alan (aluminum hydride) (CAS No. 7784-21-6), 3. Boranes as follows and derivatives thereof: a. carborane; b. Boranhomologist as follows: 1. Decaboran (14) (CAS 17702-41-9), 2. Pentaboran (9) (CAS 19624-22-7), 3. Pentaboran (11) (CAS 18433-84-6), 4. Hydrazine and hydrazine derivatives as follows (see also sub-numbers 0008d8 and 0008d9 for oxidizing hydrazine derivatives): (a) hydrazine (CAS No 302-01-2) with a minimum concentration of 70%, b) monomethylhydrazine (CAS No. 60-34-4), c) symmetrical dimethylhydrazine (CAS No. 540-73-8), d) unsymmetrical dimethylhydrazine (CAS No. 57-14-7), Note: Subheading 0008c4a does not control "mixtures" with hydrazine, which are specially formulated for corrosion protection. 5. Particulate (spherical, dusty, flake or ground) metallic fuels, fuel mixtures or pyrotechnic mixtures made from material consisting of at least 99% of one of the following materials: (a) metals and "mixtures" thereof, as follows: 1. Beryllium (CAS No. 7440-41-7) having a particle size smaller than 60 μm, 2. Iron powder (CAS No. 7439-89-6) having a particle size of less than or equal to 3 μm, produced by reduction of iron oxide with hydrogen, (b) 'mixtures' containing one of the following: 1. Zirconium (CAS No. 7440-67-7), magnesium (CAS No. 7439-95-4) and alloys of these metals with particle sizes smaller than 60 μm or more

2. Boron (CAS No 7440-42-8) or boron carbide (CAS No 12069-32-8) having a purity of 85% or more and a particle size less than a

0008 (c) 5. (continued) Note 2: Subheading 0008c5b only detects metallic fuels in particulate form when mixed with other substances to form a 'mixture' formulated for military purposes, such as liquid propellant slurries, solid propellants "or" pyrotechnic "" mixtures ". Note 3: Subheading 0008c5b2 does not detect boron and boron carbide enriched in boron-10 (boron 10 content greater than 20% by weight of the total boron content). 6. Military materials containing particularly formulated thickeners for hydrocarbon fuels, such as metal stearates (e.g., octal (CAS No. 637-12-7)) or palmitates, for use in flame guns or fire bombs, 7. Perchlorates, chlorates and chromates mixed with metal powders or other energy fuels, 8. A spherical or ball-like aluminum powder (CAS No. 7429-90-5) having a particle size of less than or equal to 60 μm and made of material with an aluminum content of at least 99% 9. Titanium subhydride having the stoichiometric composition TiH 0.65-1.68, 10. Liquid fuels of high energy density not covered by subheading 0008c1, as follows: (a) fuel mixtures with both solid and liquid constituents (e.g., boron sludge) having a mass-specific energy density equal to or greater than 40 MJ / kg, (b) other fuels of high energy density and fuel additives (eg Cuban, Japanese, JP-7, JP-10) with a volumetric energy density equal to or greater than 37,5 GJ / m3 measured at 293 K (20 ° C) Atmospheric pressure (101.325 kPa), Note: Sub-item 0008c10b does not control JP-4, JP-8, refined fossil fuels, biofuels or fuels for propulsion plants approved for civil aviation. 11. "Pyrotechnic" and self-igniting materials as follows: (a) "pyrotechnic" or self-igniting materials specially formulated to increase or control the production of radiation energy in any area of the infrared (IR) b) mixtures of magnesium, polytetrafluoroethylene (PTFE) and a vinylidene difluoride-hexafluoropropylene copolymer (e.g., MTV), 12. Fuel mixtures, "pyrotechnic" mixtures or "energetic materials", other than those specified in heading 0008, having all of the following: (a) contain more than 0.5% particles of the following materials: 1. Aluminum, 2. Beryllium, 3. Boron, 4. Zirconium, 5. Magnesium or 6. Titanium, (b) particles recorded by sub-item 0008c12a with a size less than 200 nm in each direction and (c) particles covered by subheading 0008c12a with a metallic content equal to or greater than 60%;

0008 (continued) d) oxidizing agents as follows and mixtures thereof: 1. ADN (ammonium ditramide or SR12) (CAS No. 140456-78-6), 2. AP (ammonium perchlorate) (CAS No. 7790-98-9), 3. Compounds composed of fluorine and one or more of the following elements:

a) other halogens, (b) oxygen or c) nitrogen, Note 1: For the detection of chlorotrifluoride (CAS No 7790-91-2), see point 1C238 of Annex I to Regulation (EC) No 428/2009, as amended. Note 2: Subheading 0008d3 does not detect nitrogen trifluoride (CAS No 7783-54-2) in gaseous form. 4. DNAD (1,3-dinitro-1,3-diazetidine) (CAS No. 78246-06-7), 5. HAN (hydroxylammonium nitrate) (CAS No. 13465-08-2), 6. HAP (hydroxylammonium perchlorate) (CAS No. 15588-62-2), 7. HNF (hydrazine nitroformate) (CAS No. 20773-28-8), 8. Hydrazine nitrate (CAS No. 37836-27-4), 9. Hydrazine perchlorate (CAS No. 27978-54-7), 10. liquid oxidizing agents consisting of or containing this substance from inhibited fuming nitric acid (IRFNA) (CAS No 8007-58-7); Note: Subheading 0008d10 does not control non-inhibited fumed nitric acid. (e) binders, plasticizers, monomers and polymers as follows: 1. AMMO (azidomethylmethyloxetane) (CAS No. 90683-29-7) and its polymers (see also sub-number 0008g1 for its "precursors"), 2. BAMO (3,3-bis (azidomethyl) oxetane) (CAS No 17607-20-4) and its polymers (see also subheading 0008g1 for its "precursors"), 3. BDNPA (Bis- (2,2-dinitropropyl) acetal) (CAS No. 5108-69-0), 4. BDNPF (Bis- (2,2-dinitropropyl) formal) (CAS No. 5917-61-3), 5. BTTN (butanetriol trinitrate) (CAS No 6659-60-5) (see also subheading 0008g8 for its "precursors"), 6. energetically active monomers, energetically active plasticizers or energetically active polymers, specially formulated for military use, and containing one of the following groups: a) nitro groups, b) azido groups, c) nitrate groups, d) nitrazole groups or e) difluoroamino groups, 7. FAMAO (3-difluoraminomethyl-3-azidomethyloxetane) and its polymers, 8. FEFO (bis (2-fluoro-2,2-dinitroethyl) formal) (CAS No. 17003-79-1), 9. FPF-1 (poly-2,2,3,3,4,4-hexafluoropentane-1,5-diol-formal) (CAS No. 376-90-9), 10. FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-trifluoromethyl-3-oxaheptane-1,7-diol-formal), 11. GAP (glycidyl azide polymer) (CAS No. 143178-24-9) and its derivatives, 12. HTPB (hydroxyl terminated polybutadiene) having a hydroxyl functionality greater than or equal to 2.2 and less than or equal to 2.4, a hydroxyl value less than 0.77 meq / g and a viscosity at 303 K (30 ° C) less than 47 Poise (CAS No. 69102-90-5), 13. Polyepichlorohydrin having functional alcohol groups and having a molecular weight less than 10,000, as follows: a) polyepichlorohydrin diol, b) Polyepichlorohydrin triol, 14. NENAs (nitratoethylnitramine compounds) (CAS Nos. 17096-47-8, 85068-73-1, 82486-83-7, 82486-82-6 and 85954-06-9),

0008 (continued) d) oxidizing agents as follows and mixtures thereof: 1. ADN (ammonium ditramide or SR12) (CAS No. 140456-78-6), 2. AP (ammonium perchlorate) (CAS No. 7790-98-9), 3. Compounds composed of fluorine and one or more of the following elements: a) other halogens, (b) oxygen or c) nitrogen, Note 1: For the detection of chlorotrifluoride (CAS No 7790-91-2), see point 1C238 of Annex I to Regulation (EC) No 428/2009, as amended. Note 2: Subheading 0008d3 does not detect nitrogen trifluoride (CAS No 7783-54-2) in gaseous form. 4. DNAD (1,3-dinitro-1,3-diazetidine) (CAS No. 78246-06-7), 5. HAN (hydroxylammonium nitrate) (CAS No. 13465-08-2), 6. HAP (hydroxylammonium perchlorate) (CAS No. 15588-62-2), 7. HNF (hydrazine nitroformate) (CAS No. 20773-28-8), 8. Hydrazine nitrate (CAS No. 37836-27-4), 9. Hydrazine perchlorate (CAS No. 27978-54-7), 10. liquid oxidizing agents consisting of or containing this substance from inhibited fuming nitric acid (IRFNA) (CAS No 8007-58-7); Note: Subheading 0008d10 does not control non-inhibited fumed nitric acid. (e) binders, plasticizers, monomers and polymers as follows: 1. AMMO (azidomethylmethyloxetane) (CAS No. 90683-29-7) and its polymers (see also sub-number 0008g1 for its "precursors"), 2. BAMO (3,3-bis (azidomethyl) oxetane) (CAS No 17607-20-4) and its polymers (see also subheading 0008g1 for its "precursors"), 3. BDNPA (Bis- (2,2-dinitropropyl) acetal) (CAS No. 5108-69-0), 4. BDNPF (Bis- (2,2-dinitropropyl) formal) (CAS No. 5917-61-3), 5. BTTN (butanetriol trinitrate) (CAS No 6659-60-5) (see also subheading 0008g8 for its "precursors"), 6. energetically active monomers, energetically active plasticizers or energetically active polymers, specially formulated for military use, and containing one of the following groups: a) nitro groups, b) azido groups, c) nitrate groups, d) nitrazole groups or e) difluoroamino groups, 7. FAMAO (3-difluoraminomethyl-3-azidomethyloxetane) and its polymers, 8. FEFO (bis (2-fluoro-2,2-dinitroethyl) formal) (CAS No. 17003-79-1), 9. FPF-1 (poly-2,2,3,3,4,4-hexafluoropentane-1,5-diol-formal) (CAS No. 376-90-9), 10. FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-trifluoromethyl-3-oxaheptane-1,7-diol-formal), 11. GAP (glycidyl azide polymer) (CAS No. 143178-24-9) and its derivatives, 12. HTPB (hydroxyl terminated polybutadiene) having a hydroxyl functionality greater than or equal to 2.2 and less than or equal to 2.4, a hydroxyl value less than 0.77 meq / g and a viscosity at 303 K (30 ° C) less than 47 Poise (CAS No. 69102-90-5), 13. Polyepichlorohydrin having functional alcohol groups and having a molecular weight less than

10,000, as follows: a) polyepichlorohydrin diol, b) Polyepichlorohydrin triol, 14. NENAs (nitratoethylnitramine compounds) (CAS Nos. 17096-47-8, 85068-73-1, 82486-83-7, 82486-82-6 and 85954-06-9),

0008 (f) (continuation) 17. Binders as follows: a) 1,1 R, 1 S trimesoyl tris (2-ethyl aziridine) (HX-868, BITA) (CAS 7722-73-8) b) polyfunctional aziridinamides with isophthalic, trimesic, isocyanuric or tri-methyladipine basic structures, also with a 2-methyl or 2-ethyl-aziridine group, Note: Subheading 0008f17b includes: a) 1,1H-isophthaloyl bis (2-methylaziridine) (HX-752) (CAS No. 7652-64-4), b) 2,4,6-Tris (2-Ethylaziridin-1-yl) -1,3,5-triazine (HX-874) (CAS No. 18924-91-9) c) 1,1'-Trimethyladipoyl-bis (2-Ethylaziridine) (HX-877) (CAS No. 71463-62-2); 18. Propyleneimine, 2-methylaziridine (CAS No. 75-55-8), 19. Superfine iron oxide (Fe2O3) (CAS No. 1317-60-8) having a specific surface area greater than 250 m2 / g and an average particle size less than or equal to 3.0 nm (CAS No. 1309-37-1) . 20. TEPAN (tetraethylenepentamine acrylonitrile) (CAS No. 68412-45-3), cyanoethylated polyamines and their salts, 21. TEPANOL (tetraethylenepentamine acrylonitrileglycidol) (CAS No. 68412-46-4), cyanoethylated polyamine adducts with glycidol and their salts, 22. TPB (triphenyl bismuth) (CAS No. 603-33-8), 23. TEPB (tris (ethoxyphenyl) bismuth (CAS No. 90591-48-3); (g) 'intermediate products' shall be as follows: Note: The references in subheading 0008g refer to captured "energetic materials" made from these substances. 1. BCMO (3,3-bis (chloromethyl) oxetane) (CAS No. 78-71-7) (see also sub-numbers 0008e1 and 0008e2), 2. Dinitroazetidine t-butyl salt (CAS No. 125735-38-8) (see also sub-number 0008a28), 3. Hexabenzylhexaazaisowurtzitan derivatives, including HBIW (hexabenzylhexaaza-isowurtzitan) (CAS No. 124782-15-6) (see also sub-number 0008a4) and TAIW (tetraacetyldibenzylhexaazaisowurtzitan) (CAS No. 182763-60-6) (see also under number 0008a4), 4. Not used, 5. TAT (1,3,5,7 tetraacetyl-1,3,5,7-tetraazacyclooctane) (CAS No. 41378-98-7) (see also sub-number 0008a13), 6. 1,4,5,8-tetraazadekaline (CAS No. 5409-42-7) (see also sub-number 0008a27), 7. 1,3,5-trichlorobenzene (CAS No. 108-70-3) (see also sub-number 0008a23), 8. 1,2,4-butanetriol (1,2,4-trihydroxybutane) (CAS No. 3068-00-6) (see also sub-mermer 0008e5), 9. DADN (1,5-diacetyl-3,7-dinitro-1,3,5,7-tetraazacyclooctane) (see also sub-number 0008a13). (h) Powders and moldings of 'reactive materials' are as follows: 1. Powder of any of the following materials having a particle size of less than 250 μm in any direction and not otherwise specified in 0008: a) aluminum, b) niobium, c) boron,

d) zirconium, e) magnesium, f) titanium, g) tantalum, h) tungsten,

0008 (h) 1. (continued) i) Molybdenum or j) hafnium, 2. Moldings, not covered by numbers 0003, 0004, 0012 or 0016, obtained from powders covered by subheading 0008h1. Technical Note: 1. "Reactive materials" are developed for the generation of an exothermic reaction only at high shear rates and for use as liner or housing in warhead heads. 2. Powders of 'reactive materials' are produced, for example, by grinding in a high-energy ball mill. 3. Moldings made from "reactive materials" are produced, for example, by selective "laser" sintering. Note 1: Number 0008 covers the substances listed below only if they are in the form of compounds or mixtures with the "energetic materials" referred to in subheading 0008a or the metal powders referred to in subheading 0008c, that is to say, in pure form or as mixtures with one another: a) ammonium picrate (CAS No. 131-74-8), b) black powder, c) hexanitrodiphenylamine (CAS No. 131-73-7), d) difluoramine (HNF2) (CAS No. 10405-27-3), e) nitro starch (CAS No. 9056-38-6), f) potassium nitrate (CAS No.7757-79-1), g) tetranitronaphthalene, h) trinitroanisole, i) trinitronaphthalene, j) trinitroxylene, k) N-pyrrolidinone, 1-methyl-2-pyrrolidinone (CAS No. 872-50-4), l) dioctyl maleate (CAS No. 142-16-5), m) ethylhexyl acrylate (CAS No. 103-11-7), n) triethylaluminum (TEA) (CAS No. 97-93-8), trimethylaluminum (TMA) (CAS No. 75-24-1) and other pyrophoric metal alkyls of the elements lithium, sodium, magnesium, zinc and boron as well as metalaryls of the same elements, o) nitrocellulose (CAS No. 9004-70-0), p) nitroglycerin (or glycerin nitrate) (CAS No. 55-63-0), q) 2,4,6-trinitrotoluene (CAS No. 118-96-7), r) ethylenediamine dinitrate (CAS No. 20829-66-7), s) pentaerythritol tetranitrate (CAS No. 78-11-5), (CAS No. 12403-82-6), and other igniters or igniter mixtures, other than those specified in Annex III, which contain azides or complex azides, u) triethylene glycol dinitrate (TEGDN) (CAS No. 111-22-8), v) 2,4,6-trinitroresorcinol (styrenic acid) (CAS No. 82-71-3), w) diethyldiphenylurea (CAS No. 85-98-3), dimethyldiphenylurea (CAS No. 611-92-7),

methylethyldiphenylurea (centralite), x) N, N-diphenylurea (unsymmetrical diphenylurea) (CAS No. 603-54-3), y) methyl-N, N-diphenylurea (unsymmetrical methyldiphenylurea) (CAS No. 13114-72-2), z) ethyl N, N-diphenyl urea (unsymmetrical ethyldiphenylurea) (CAS No. 64544-71-4), aa) 2-nitrodiphenylamine (2-NDPA) (CAS No. 119-75-5), bb) 4-nitrodiphenylamine (4-NDPA) (CAS No. 836-30-6), cc) 2,2-dinitropropanol (CAS No. 918-52-5), dd) for the detection of nitroguanidine (NQ) (CAS No 556-88-7), see subparagraph 1C011d of Annex I to Regulation (EC) No 428/2009, as amended.

0008 (continued) Note 2: Number 0008 does not apply to ammonium perchlorate (subheading 0008d2), NTO (subheading 0008a18) or catocene (subheading 0008f4b) having all of the following characteristics: (a) specially shaped and formulated for gas generators for civil use, b) is present as a compound or mixture with non-active thermosetting binders or plasticizers and has a mass of less than 250 g, (c) the active substance contains not more than 80% by mass of ammonium perchlorate (sub-mermer 0008d2) (d) does not contain more than 4 g NTO (subheading 0008a18) and e) does not contain more than 1 g of Catocene (subheading 0008f4b). Note 3: For the detection of propellant powder as a component of ammunition, see paragraph 0003. 0009 (above or underwater), special marine equipment, accessories, components therefor, and other marine vessels, as follows: Additional note: For steering and navigation equipment, see 0011. (a) Ships and components as follows: 1. Ships (over or underwater), specially designed or modified for military use, regardless of their current state of repair or operability, or whether they contain weapon deployment systems or armor, as well as the ship's body or parts of ships' bodies for such ships designed for military use; 2. Surveying vessels, other than those specified in subheading 0009a1, with one of the following equipment permanently installed on the vessel or installed in the vessel: (a) automatic weapons, specified in item 0001, or weapons covered by item 0002, 0004, 0012 or 0019, or "assembly" points or hard points for weapons with a caliber of 12,7 or greater mm; Technical Note: The term "assembly" refers to the mountings and reinforcements of the ship structure for the purpose of the installation of weapons. (b) fire control systems covered by item 0005; (c) with all the following: 1. 'ABC Protection' and 2. 'Pre-wet or wash-down system' designed for decontamination purposes; or Technical notes: 1. 'ABC protection' is a sealed interior, which has features such as an overpressure vent, the separation of the ventilation systems, a limited number of ventilation openings with ABC filters and a limited number of entrances with air locks.

2. 'Pre-wet or wash-down system' is a seawater spraying system capable of simultaneously spraying the outer superstructures and decks of a ship.

0009 (a) 2. (continued) (d) Active weapon countermeasure systems, as specified in subheading 0004b, 0005c or 0011a, where the ship has one of the following characteristics: 1. 'ABC Protection', 2. Hulls and superstructures specially designed to reduce the radar scattering cross-section, 3. means for reducing the thermal signature (e.g., an exhaust gas cooling system) other than those specifically designed to increase overall efficiency or reduce environmental pollution; 4. a magnetic intrinsic protection system designed to reduce the magnetic signature of the entire ship; (b) Engines and propulsion systems specially designed for military use, and components therefor, specially designed for military use, as follows: 1. Diesel engines, specially designed for submarines, 2. Electromotors specially designed for submarines, having all of the following: (a) power exceeding 0,75 MW, b) fast reversible, (c) liquid cooled and d) completely encapsulated, 3. Non-magnetic diesel engines with all of the following characteristics: (a) power equal to or greater than b) non-magnetic part of more than 75% of the total weight; 4. 'Aero-independent propulsion systems', specially designed for submarines; Technical Note: An AIP allows submerged submarines to operate the drive system without access to atmospheric oxygen for a longer period of time than would otherwise be possible with batteries. For the purposes of subheading 0009b4, 'external propulsion' (AIP) does not include nuclear propulsion systems. (c) underwater detection devices specially designed for military use, control devices therefor, and components therefor specially designed for military use; d) submarine and torpedo networks; e) not used; (f) ship body penetrations and connectors, specially designed for military purposes, which allow the co-operation with equipment outside a ship, as well as components therefor, specially designed for military use; Note 1: sub-item 0009f includes connectors for vessels in single-conductor, multi-conductor, coaxial and waveguide designs, as well as ship body arrangements which are not affected by (possible) leakage water from the outside and the required characteristics at sea depths of more than 100 m, as well as fiber optic connectors and optical ship body arrangements, specially designed for the passage of "laser" beams, regardless of the water depth. Note 2: Subheading 0009f includes non-standard marine bodyworkings for propulsion shafts and rudder shafts.

0009 (continued) (g) low-noise bearings, having any of the following characteristics, components therefor, and equipment incorporating such bearings, specially designed for military use:

1. aerodynamic / aerostatic lubrication or magnetic suspension, 2. Actively controlled signature suppression or 3. Vibration Suppression. 0010 "aircraft", "lighter than air airborne vehicle", "unmanned aerial vehicle" ("UAV"), engine, "aircraft" equipment, auxiliary equipment and components as follows : Additional note: For steering and navigation equipment, see 0011. (a) manned 'aircraft' and 'lighter-than-air aircraft' and specially designed components therefor; (b) not occupied; (c) unmanned "aircraft" and "lighter-than-air" equipment and related equipment, as follows, and specially designed components therefor: 1. "UAV", remotely piloted air vehicles (RPVs), autonomous programmable vehicles and "lighter-than-air" aircraft, 2. Start-up equipment, rescue equipment and supporting ground equipment, 3. Equipment for control; (d) engines and specially designed components therefor; (e) Air-refueling equipment specially designed or modified for one of the following and specially designed components therefor: 1. "Aircraft" means: 0010a or 2. Unmanned "aircraft" recorded by 0010c; (f) 'ground equipment' specially designed for 'aircraft' covered by subheading 0010a or for the engines specified by subheading 0010d; Technical Note: "Soil equipment" includes equipment for pressure tanking and specially designed equipment to facilitate operations in limited sections. (g) life-support equipment for the flight crew, safety equipment for the flight crew and other emergency exit devices other than those specified in sub 0010.a., specially designed for "aircraft" covered by sub 00 00; Note: Subheading 0010g does not control helmets for flight equipment which is not equipped with equipment specified in the list of weapons, ammunition and armaments (Part I A) and which do not have any mountings or brackets. Additional note: For helmets see also number 0013c. (h) parachutes, paragliders and related equipment, as follows, and specially designed components therefor: 1. Parachutes otherwise not covered by the list of weapons, ammunition and armouring (Part I A) 2. Para-slider, 3. Equipment specially designed for parachute jumpers who jump out of high altitude (e.g., suits, special helmets, navigational equipment);

0010 (cont'd) i. Devices for controlled deployment or automatic steering systems designed for parachute loads. Note 1: Subheading 0010a does not control "aircraft" and "lighter than air" aircraft, or variants of these "aircraft" specially designed for military use and having all of the following: (a) no combat aircraft or helicopter,

(b) not configured for military use and not equipped with technical equipment or accessories specially designed or modified for military use; (c) by the civil aviation authorities of one or more EU Member States or participating States of the Wassenaar Arrangement for civilian use. Note 2: Subheading 0010d does not control: (a) engines designed or modified for military use approved by the civil aviation authorities of one or more EU Member States or participating States of the Wassenaar Arrangement for use in "civil aircraft" and their specially designed components, (b) reciprocating piston engines or their specially designed components, other than those specially designed for "UAV". Additional note: However, see Part I B, point 9A994. Note 3: For the purposes of subheading 0010a and 0010d, the collection of specially designed components and associated equipment for non-military aircraft or engines modified for military purposes shall cover only those military components and associated military equipment, which are necessary for the change for military purposes. Note 4: For the purposes of subheading 0010a, military purposes include military operations, military reconnaissance, military assault, military training, logistical support, and airborne and military landing of troops or military equipment. Note 5: Subheading 0010a does not control "aircraft" with all of the following characteristics: (a) manufactured for the first time before 1946, (b) not equipped with goods covered by the list of weapons, ammunition and armouring equipment (Part IA), except where the goods are required to meet the safety or airworthiness standards of the civil aviation authorities of one or more EU Member States; Participating States of the Wassenaar Arrangement, and (c) not equipped with weapons included in the list of weapons, ammunition and armouring (Part I A), unless the weapons are unusable and can not be restored to a working condition.

0011 Electronic equipment, "spacecraft" and their components, other than those specified in the list of weapons, ammunition and armaments (Part I A), as follows: (a) Electronic equipment specially designed for military use and specially designed components therefor; Note: Sub 0011a includes the following equipment: (a) electronic countermeasures (ECM) and electronic protective measures (ECCM), including electronic equipment for interfering and counter-disturbing; Devices designed to produce interfering signals or falsifying signals in radar or radio equipment or otherwise interfere with the reception, operation or effectiveness of adverse receivers, including the countermeasures, (b) fast-moving tubes (frequency agile tubes) (c) electronic systems or equipment designed for the monitoring and observation of the electromagnetic spectrum for the purposes of military intelligence or military security or to counteract such surveillance and observation, (d) equipment for underwater countermeasures, including acoustic and magnetic disturbance and deception, which produce spurious signals or falsifying signals in sonar receivers, (e) devices for the protection of data processing, data protection devices and devices for data transmission and signaling, which use encryption methods, (f) identification, authentication and identification loaders (keyloaders) and key management, key

generation and key distribution equipment, (g) steering and navigation equipment, h) digital Troposcatter radio transmission equipment, (i) digital demodulators, specially designed for telecommunication or electronic reconnaissance, (j) 'automated management and control systems'. Additional note: "Software" for military "software" Defined Radio (SDR) see number 0021. (b) equipment for interfering with global satellite navigation systems (GNSS) and specially designed components therefor; (c) "spacecraft" specially designed or modified for military use and "spacecraft" components specially designed for military use. 0012 High kinetic energy weapon systems and related equipment, as well as specially designed components therefor: a) High kinetic energy weapon systems specially designed for the destruction or defense (interruption of deployment) of an enemy object; (b) specially designed measuring and evaluating devices as well as test models including diagnostic instruments and diagnostic objects for the dynamic testing of high kinetic energy projectiles and systems.

0012 (cont'd) Note 1: Item 0012 includes the following equipment provided that it is specially designed for high kinetic energy systems: (a) Start-up propulsion systems capable of accelerating masses greater than 0,1 g to speeds exceeding 1,6 km / s in single or rapid fire modes, (b) equipment for the production of primary energy, electrical armor, energy storage (eg high-energy storage capacitors), control of heating and air-conditioning, switching devices and equipment for the handling of "fuels", electrical interfaces between power supply, gun and other electrical directives of the tower, Additional note: See also subheading 3A001e2 (High-energy storage capacitors) of Annex I to Regulation (EC) No 428/2009, as amended. (c) target detection, target tracking, fire control and systems for determining the efficacy, (d) target search, target control systems and systems for deflecting the propulsion (lateral acceleration) for projectiles. Note 2: Number 0012 detects systems that use one of the following drive types: a) electromagnetic, b) electrothermic, c) Plasma drive, (d) Light - weight propulsion or e) chemically (if used in combination with the types of drive listed for a to d). Additional note: Weapon systems using sub-caliber ammunition or working solely with chemical propulsion, and ammunition therefor, see numbers 0001, 0002, 0003 and 0004. 0013 Special armor or protective equipment, structures and components as follows: (a) Metallic or non-metallic armor plates having any of the following:

1. manufactured to meet a military standard or a military specification, or 2. Suitable for military purposes; Additional note: Body armor protection plates see sub-number 0013d2. (b) constructions of metallic or non-metallic materials or combinations specially designed to make military systems resistant to impact and specially designed components therefor;

0013 (cont'd) (c) helmets made in accordance with military standards or specifications or equivalent performance requirements, and specially designed outer shells, inner shells or upholstery therefor; Additional note: For other components or equipment for military helmets, see the appropriate entry in the list of weapons, ammunition and armaments (Part I A). (d) Body armor and protective clothing and components therefor, as follows: 1. softballistic body armor or protective clothing, manufactured according to military standards or specifications or equivalent requirements, and specially designed components therefor; Note: For purposes of subheading 0013d1, military standards or specifications shall include at least specifications for splinter protection. 2. hardballistic body armor protection plates which provide a ballistic protection greater than or equal to level III (NIJ 0101.06, July 2008) or corresponding national requirements. Note 1 Subheading 0013a also includes armor plates of specially-made composite construction or individual armor plates made of only one material, a) Ballistic protection of the resistance class FB1 / BR1 according to DIN EN 1522 or DIN EN 1063 or comparable standard or better or b) an explosive-action inhibitor of resistance class ER1 / EPR1 according to DIN EN 13541 or DIN EN 13123-1 or comparable standard or better can be achieved. Note 2: Subheading 0013b includes materials specially designed for the formation of explosive reactive armor or for the construction of military shelters. Note 3: Subheading 0013c covers non-conventional steel helmets which are neither equipped with auxiliary devices nor modified or designed for the equipment with auxiliary equipment. Note 4: Subheadings 0013c and 0013d do not control individual helmets, body armor or protective clothing when carried by their users for their own personal protection. Note 5: Item 0013 covers only helmets specially designed for bombshell personnel specially designed for military use. Additional Note 1: See also point 1A005 of Annex I to Regulation (EC) No 428/2009, as amended. Additional Note 2: "Fibrous or filamentary materials" used in the manufacture of bodyarms, see point 1C010 of Annex I to Regulation (EC) No 428/2009, as amended.

0014 'Specialized military training equipment' or simulating military scenarios, specially designed for training on the weapons specified in item 0001 or 0002, as well as specially designed components and specially designed accessories therefor. Technical Note:

The term "specialized equipment for military training" includes military implementations of the following equipment: a) attack simulators, (b) operational flight training equipment, (c) radar targeting devices, d) radar target generators, e) fire control training devices, (f) exercise equipment for submarine combat, (g) flight simulators, including centrifuges designed for the training of pilots or astronauts, h) Radarizer, (i) Instrument flying exercise equipment, j) Navigation training devices, (k) Exercise apparatus for the launch of a missile, (l) target display devices, m) drones, (n) Weapon Exercise Equipment, o) equipment for exercises with unmanned "aircraft", p) movable exercise devices, q) Exercise equipment for military ground operations. Note 1: Number 0014 includes image-forming or di-alog systems with the environment for simulators, provided that they are specially designed or specially modified for military use. Note 2: Number 0014 does not control specially designed equipment for training in hunting and sporting weapons.

0015 Image equipment or equipment for countermeasures, specially designed for military use, as follows, and specially designed components and accessories therefor: (a) recording and image processing equipment; (b) cameras, photographic equipment and film processing equipment; c) image intensifier equipment; (d) infrared or thermal imaging equipment; e) card image radar sensor equipment; (f) Countermeasures (ECM) and Countermeasures (ECCM) equipment for the equipment specified in subheading 0015a to 0015e. Note: 0015f includes equipment designed to reduce the operation or effectiveness of military imaging systems or to minimize such impairments. Note 1: In heading 0015, the term "specially designed components" includes the following devices, provided they are specially designed for military use: a) IR image conversion tubes, (b) image intensifier tubes (other than those of the first generation); c) microchannel plates, d) residual light television tubes, (e) detector groups (including electronic coupling or output systems); (f) pyroelectric television camera tubes, g) Coolers for imaging systems, (h) photochromic or electro-optic electrically-triggered shutters with a shutter speed of less than 100 μs,

excluding shutters which are a substantial part of a high-speed camera, i) fiber-optic image inverters, j) Compound semiconductor photocathodes. Note 2: Item 0015 does not control "first generation image intensifier tubes" or equipment specially designed for the use of "first generation image intensifier tubes". Additional note: For the detection of weapon devices with "image intensifier tubes of the first generation", see sub-numbers 0001d, 0002c and 0005a. Additional note: See also subparagraphs 6A002a2 and 6A002b of Annex I to Regulation (EC) No 428/2009, as amended. 0016 Forgings, castings and other work in progress, specially designed for one of the goods covered by items 0001, 0002, 0003, 0004, 0006, 0009, 0010, 0012 or 0019. Note 1: Item 0016 covers work in progress when it can be determined by means of material composition, geometry or function. Note 2: Number 0016 includes mixtures of "energetic materials", which are formulated for the production of propellant charge powders. Other mixtures of "energetic materials", see number 0008.

0017 Various equipment, materials and "libraries", as follows, and specially designed components therefor: (a) dive and underwater floats, specially designed or modified for military use, as follows: 1. Independent circulating air circulators with closed and semi-enclosed air breathing, 2. Submerged flotation apparatus, specially designed for use with the immersion apparatus specified in subheading 0017a1; Additional note: See also subparagraph 8A002q of Annex I to Regulation (EC) No 428/2009, as amended. (b) construction equipment, specially designed for military use; (c) brackets, coatings and treatments for the suppression of signatures, specially designed for military use; (d) technical support equipment specially designed for use in a combat zone; (e) "robots", "robot" controls and "robots" - "end effectors" with one of the following characteristics: 1. specially designed for military purposes, (2) equipped with means for protecting the hydraulic lines from outside damage by ammunition ammunition (for example, self-sealing pipes) and designed for the use of hydraulic fluids with a firing point above 839 K (566 ° C) or 3. specially designed or designed for use in an EMP (EMP) environment; Technical Note: The term electromagnetic pulse does not refer to an unintentional interference influence caused by electromagnetic radiation from nearby equipment (e.g., machinery, devices or electronics) or lightning strike. (f) "libraries", specially designed or modified for military use, in connection with systems, equipment or components recorded in the arms, ammunition and armory (Part I A) list; (g) nuclear power generation or propulsion equipment, including "nuclear reactors" specially designed for military use, as well as components specially designed or modified for military use; (h) Equipment and material coated or treated for the suppression of signatures, specially designed for military purposes, other than those specified in the list of weapons, ammunition and armaments (Part I

A); Note: 0017h does not control individual products of the aforesaid material, including clothing, when they are carried by their users for their own personal use. (i) simulators specially designed for military "nuclear reactors"; (j) mobile workshops, specially designed or "modified" for the maintenance of military equipment; (k) mobile power generators, specially designed or "modified" for military purposes;

0017 (cont'd) (l) specially designed or "modified" containers for military purposes; Technical Note: "Specifically designed for military use" as defined in subheading 0017 is the equipment with one of the following military characteristics: a) Protection against EMP (EMP = electromagnetic pulse), b) ABC protection, (c) Coating for signature suppression (infrared or radar) or d) ballistic protection. (m) ferries, other than those specified in the list of weapons, ammunition and armaments (Part I A), bridges and pontoons specially designed for military use; (n) test models specially designed for the "development" of goods covered by items 0004, 0006, 0009 or 0010; (o) "laser" protective equipment (e.g., protective devices for eyes and protective devices for sensors), specially designed for military use; (p) "fuel cells", other than those specified in the armaments, ammunition and armory (Part I A) list, specially designed or "modified" for military use. Technical notes: 1. Not used. 2. "modified" as defined in paragraph 0017 means a structural, electrical, mechanical or any other modification which incorporates non-military equipment with military characteristics such that the equipment is equivalent to equipment specially designed for military purposes. 0018 Production equipment and components as follows: (a) specially designed or specially modified equipment for the manufacture of the products covered by the list of arms, ammunition and armaments (Part I A) and specially designed components therefor; (b) specially designed environmental testing facilities for the approval and suitability testing of the products covered by the list of arms, ammunition and armaments (Part I A), and specially designed equipment therefor. Technical Note: 'Manufacture', as defined in heading 0018, includes design, testing, manufacture, testing and testing. Note: Subheets 0018a and 0018b include the following equipment: a) continuous nitriding plants, (b) test centrifuges having any of the following: 1. Drive by one or more engines with a total rated power of more than 298 kW, 2. Payload greater than or equal to 113 kg or 3. Exercise of a centrifugal acceleration of at least 8 g to a useful load of 91 kg or more (g = acceleration due to gravity [9.81 m / sec²]), c) Drying presses,

(d) screw extruders specially designed or modified for military "explosives"; (e) Cutting machines for cutting to length of extruded "fuels", (f) Coating boilers (tumbling mixers) with diameters greater than or equal to 1.85 m and a productive capacity exceeding 227 kg, g) Continuous mixers for solid fuels,

0018 Note (continued) (h) fluid energy mills for comminution or grinding of components of military "explosives", (i) equipment for the production of spherical shapes with uniform particle size for the metal powders listed in subheading 0008c8, (j) Convection flow converters for the conversion of the substances listed in subheading 0008c3. 0019 Radiation-weapon systems, associated equipment, counter-measures or experimental models, as follows, and specially designed components therefor: (a) 'laser' systems specially designed for the destruction or defense (interruption of deployment) of an enemy object; (b) Particle beam systems suitable for the destruction or defense (interruption of the use) of an opposing object; (c) high-energy high-frequency systems suitable for the destruction or defense (interruption of the mission) of an enemy object; (d) equipment specially designed for the detection, identification or defense of the systems covered by subheading 0019a, 0019b or 0019c; (e) physical test models and associated documentation for the systems, equipment and components specified in paragraph 0019; (f) "laser" systems specially designed to cause permanent blindness in an observation without magnifying optics, i. when observing with the naked eye or with corrective visual aids. Note 1: Radiation armed systems identified by number 0019 include systems whose performance is determined by the controlled use of (a) "lasers" with an energy equivalent to conventional ammunition, b. particle accelerators which emit a charged or uncharged beam with a conspicuous effect, or (c) high-frequency transmitters with high pulse energies or high average energy which generate a sufficiently strong field to disable electronic switching in a remote target. Note 2: Item 0019 includes the following equipment provided that it is specially designed for beamarm systems: (a) equipment for the production of primary energy, energy storage, switchgear, energy conditioning equipment and fuel handling equipment, (b) Objective and target tracking systems, c) systems for the evaluation of the damage effect, destruction or interruption of use, d) devices for beam steering, propagation and alignment, (e) devices for rapid beam swings for the rapid control of multiple targets, f) adaptive optics or phase conjugators, g) current injectors for negative hydrogen ion beams, (h) "space-appropriate" accelerator components, (i) equipment for the assembly of beams of negatively charged ions (ne-gative ion beam funnelling equipment),

j) Equipment for controlling and pivoting an energetic ion beam, k) "space-appropriate" films for the neutralization of negative hydrogen isotopic rays.

0020 Cryogenic (low temperature) and "superconducting" equipment as follows, and specially designed components and specially designed accessories therefor: (a) equipment specially designed or designed for installation in a military land, sea, air or spacecraft capable of producing or maintaining a temperature below 103 K (-170 ° C) during travel; Note: 0020a includes mobile systems that contain or use accessories and components made of non-metallic or non-electrically conductive materials, e.g. made of plastics or epoxy resin-impregnated materials. (b) "superconducting" electrical equipment (rotating machinery and transformers), specially designed or specially designed for installation in a military land, sea, air or spacecraft, and operable while driving. Note: 0020b does not control hybrid, homopolar DC generators with a single-pole, normally designed metal anchor rotating in a magnetic field generated by "superconducting" windings, provided that these windings are the only "superconducting" assembly in the generator , 0021 "Software" as follows: (a) "software" specially designed or modified for: 1. "development", "production", operation or maintenance of equipment covered by the list of weapons, ammunition and armaments (Part I A) (2) "development" or "production" of materials and materials covered by the arms, ammunition and armaments (Part I A) list; 3. "development", "production", operation or maintenance of "software" included in the list of weapons, ammunition and armaments (Part I A); (b) specific 'software', not covered by subheading 0021a, as follows: 1. "Software", specially designed for military use and specially designed for the modeling, simulation or evaluation of military weapon systems, 2. "software", specially designed for military use and specially designed for the modeling or simulation of military operating scenarios, 3. "software" for the determination of the effect of conventional, nuclear, chemical or biological weapons, 4. 'software', specially designed for military use and specially designed for guidance, information, computer and reconnaissance (C3I or C4I) applications; (c) "software", other than those specified in subheading 0021a or 0021b, specially designed or modified to enable equipment not included in the list of weapons, ammunition and armaments (Part IA) to support the military functions of the list of weapons, Ammunition and armaments (Part IA).

0022 "Technology" as follows: (a) "technology", other than that specified in 0022b, for "development", "production", operation, assembly, maintenance, testing, repair, overhaul or reprocessing of the list of weapons, ammunition and armaments (Part IA) is "unavoidable"; (b) "technology" as follows: 1. "technology", "indispensable" for construction, component assembly, operation, maintenance and repair of complete "manufacturing" facilities for goods covered by the list of weapons, ammunition and armaments (Part IA) "installations are not recorded; 2. "technology", "indispensable" for the "development" and "production" of hand-held firearms, even

when used to "manufacture" reproductions of antique hand- 3. Not used, 4. Not used, 5. "technology", "indispensable" exclusively for the incorporation of "biocatalysts" covered by subheading 0007i1 into military carrier substances or military material. Note 1: "Technology", "indispensable" for "development", "production", operation, assembly, maintenance, repair, overhaul or reprocessing of goods included in the list for weapons, ammunition and armaments (Part IA) is also covered when it can be used for goods not covered by the list of weapons, ammunition and armaments (Part IA). Note 2: Item 0022 does not control "technology" as follows: (a) 'technology', which is the minimum necessary for the design, operation, maintenance and repair of those goods which are not covered or for which an export authorization has been granted; (b) "technology", which is "generally accessible" information, "basic scientific research", or information required for patent applications; (c) 'technology' for magnetic induction for the permanent driving of civil trans- port facilities.