Services

Export Control

Sanctions and export restrictions change quickly, and breaches carry serious consequences. We clarify what may be supplied, obtain licences and stand by companies when a breach is in question.

Goods and licences

Classification of goods under the Dual-Use Regulation and the German Export List (Ausfuhrliste)
Applications to the Federal Office for Economic Affairs and Export Control (BAFA), general licences, zero notices (Nullbescheide)
Technology transfer and technical assistance

Embargoes and sanctions

Country embargoes, in particular Russia, Belarus and Iran
Sanctions against persons and sanctions list screening
Re-export, circumvention risks and third-country business

US and Chinese re-export law

US re-export law (EAR), including the de minimis rule and the Foreign Direct Product Rule
Chinese export control and re-export law
Conflicts between EU, US and Chinese law

Audits and breaches

Foreign trade audits by customs
Correction of incorrect export declarations
Voluntary disclosure under the Foreign Trade and Payments Act (Außenwirtschaftsgesetz, AWG)
Defence in administrative fine and criminal proceedings

Frequently asked questions

How do I know whether my goods need a licence?

The decisive factors are the lists of goods in the Dual-Use Regulation and the German Export List, the country of destination, the consignee and the end use. Even goods that are not listed may require a licence if a critical end use is known.

What is a zero notice?

A notice from BAFA stating that a specific export does not require a licence. It provides certainty towards customers, banks and customs.

Who is the export control officer?

A member of the management board who is designated to BAFA and is personally responsible for compliance with export control rules. Without an export control officer (Ausfuhrverantwortlicher), BAFA does not grant licences.

Does my company need an internal compliance programme (ICP)?

Anyone exporting dual-use items needs an internal compliance programme. For certain licences it is an express requirement, and if things go wrong it shows that you take your obligations seriously.

What should you do in the event of a breach?

Even negligent breaches can be punished with a fine. Whether a fine is imposed and in what amount can be influenced, for example, by a voluntary disclosure to the Main Customs Office (Hauptzollamt). Where there is intent, matters become serious. As a general rule: seek competent and comprehensive advice early.