Federal Office of Economics and Export Control. Announcement referring to General Licence No. 26 (Armed Forces)

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1 Federal Republic of Germany Federal Ministry for Economic Affairs and Energy Non-official translation Federal Office of Economics and Export Control Announcement referring to General Licence No. 26 (Armed Forces) of I. Preliminary remark The General Licence No. 26 of 5 June 2012 (Federal Gazette Banz. AT B2) last amended by the Announcement of 12 August 2013 (BAnz. AT B14) is extended beyond March 31, 2014 until There are no amendments of the content of this General Licence as compared to the previous version. For your information the current version of the General Licence No. 26 is published at BAFA s web sites at II. General Licence 1. Title of the General Transfer Licence General Licence No. 26 (Armed forces) 2. Issuing Authority Federal Office of Economics and Export Control (BAFA), Frankfurter Straße 29-35, D Eschborn 3. Validity

2 This is a General Transfer Licence pursuant to section 1 (2) of the Foreign Trade and Payments Regulation (AWV). This licence is valid for transfers within the meaning of sect. 2 (21) no. 1 AWG by residents within the meaning of sect. 2 (15) AWG. 3.2 This General Licence does not apply where - the relevant goods are transferred to a customs-free zone or free warehouse which is located in a destination covered by this General Licence; - there are facts of a negligent, careless or intentional perpetration of offences punishable under the War Weapons Control Act (KWKG); all the other licensing requirements and prohibitions to be observed in the individual case (e. g. embargoes, licensing requirements under KWKG and rules or orders to apply restrictive measures with a view to combating terrorism) shall remain unaffected; - the transferor is aware that the final destination of the products is a country not specified in Section II, no. 5 of this General Licence, particularly a country subject to an embargo within the meaning of Article 4 (2) of Regulation (EC) No. 428/2009; - BAFA has made a statement, on behalf of and requested by the transferor, making it necessary to control the transfer of the goods specified in that statement through individual licensing procedure. 4. Permitted goods: 4.1. This General Licence covers transfers of all goods specified in Part I Section A of the Export List (Annex AL) from the German territory by a transferor established in Germany in the following cases: a) to consignees who belong to a Member State s armed forces personnel, b) to consignees who act as contractors in the area of defence and as purchasers for the sole use by the armed forces of a Member State, c) to other consignees where the transferor is positively aware that this consignee transfers the goods that are received in a processed or unprocessed state on behalf of the armed forces of a Member State to the armed forces of that Member State, - 3 -

3 - 3 - with the exception of the goods referred to in no This General Licence does not cover - goods specified in the War Weapons List (Annex to KWKG), - ammunition specified in item 0003a of Part I Section A of the Export List for weapons controlled by item 0012 of Par I Section A of the Export List, and - goods controlled by items 0001, 0002, 0005c, 0007, 0011, 0012, 0015a, 0017c, 0017f, 0017g, 0018, 0019, 0020, 0021c, 0022b of Part I Section A of the Export List. 5. Permitted destinations: This general licence is valid for transfers to the following destinations: the Customs Territory of the European Union (sect. 2 para. 25 AWG), 6. Conditions and requirements This general licence is granted on the following conditions: 6.1 Any transferor who intends to use this General Licence must register as a user with BAFA prior to or within 30 days after the first export or transfer. This registration statement on the use of this general licence is to be submitted electronically via ELAN-K2. A prior registration is necessary for the use of the ELAN-K2 system. Access to this system is possible via a link Login and registration ELAN-K2 at the Homepage of the Federal Office of Economics and Export Control (BAFA) under Antragstellung, ELAN-K2 Informationen. 6.2 The transferor shall report the transfers based on this General Licence to BAFA, using the ELAN-K2 system. These reports can be directly recorded by means of an electronic notification form in ELAN-K2, or by using an XML-file to be downloaded via an interface provided by BAFA. The report shall comprise all products transferred with reference to the General Licence No. 26. Deliveries of several identical products to one consignee may be combined

4 - 4 - The reporting period covers a half-year term (1 January to 30 June and 1 July to 31 December). The reports for the preceding six months shall be submitted in the period from January 1 to 31, and from July 1 to 31. Reports shall be submitted correctly and completely to BAFA via ELAN- K2 in the above-mentioned periods. Electronic information is also necessary in case of no transfers under this General Licence in the reporting period (nil report). 6.3 The transferor shall ensure the safekeeping of all records resulting from the use of this General Licence. These records shall be kept for a period of no less than three years, starting with the end of the calendar year in which the transfer took place. Other record keeping requirements shall remain unaffected. Furthermore, the transferor is obliged to accept an inspection of the above records by BAFA on the company s premises. In case of non-permission this licence may be revoked. 6.4 BAFA may revoke this General Licence, entirely or in part, where required by the protective purposes mentioned in sect. 4 (1), (2) Foreign Trade and Payments Act (AWG), in particular in case of violations of the foreign trade provisions and the conditions of this General Licence. The revocation is published in the Federal Gazette. This also applies to the subsequent inclusion, amendment or addition of a term or requirement. This General Licence may also be revoked towards individual exporters or transferors where required by the protective purposes mentioned in sect. 4 (1), (2) AWG in the individual case, particularly in case of violations of the export regulations, including the provisions of this General Licence. This General Licence may also be revoked towards individual transferors where they cannot ensure the necessary compliance with the relevant export control regulations and with the conditions and requirements of this General Licence. The principles of the exporters reliability (sect. 8 para. 2 sentence 1 AWG) apply mutatis mutandis. 6.6 The right to subsequent inclusion, amendment or supplement of a condition shall be reserved. 6.7 The validity of this General Licence shall be limited to 31 March Note: - 5 -

5 - 5 - The extension of the General Licence No. 26 is published herewith in accordance with sect. 41 (3) sentence 2 of the Administrative Procedures Act (VwVfG). It enters into force on 1 April This General Licence and the advice on legal remedies according to sect. 41 (4) sentence 2 VwVfG are available at the Federal Office of Economics and Export Control (BAFA), Frankfurter Straße 29-35, Eschborn/Taunus during the usual working hours. Hints and examples referring to the registration procedure may also be found at BAFA s Homepage at Further information on General Licences may be obtained from BAFA, Division 211, on registration procedure from Division 224, Phone: 06196/908-0 or FAX: 06196/ Eschborn, 27 February , 21,211 Federal Office for Economic Affairs and Export Control By order Angersbach