Foreign Trade Act 2011 - Außhg 2011

Original Language Title: Außenhandelsgesetz 2011 - AußHG 2011

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26. Federal Act, with which the Foreign Trade Act 2011-external HG 2011 is enacted

The National Council has decided:

Foreign Trade Act 2011-Foreign HG 2011

table of contents

1. Main item

General provisions

§ 1. Definitions

§ 2. Value limits

2. Main piece

Approval Criteria

§ 3. General principles

§ 4. Compliance with international obligations

§ 5. Compliance with international arms export control mechanisms

§ 6. Respect for human rights and international humanitarian law

§ 7. Effects on the internal situation in the country of destination

§ 8. Maintenance of peace, security and regional stability

§ 9. Impact on Austria's security interests and external relations and on the security interests of other EU Member States

§ 10. Impact on terrorist activities and international crime

§ 11. Risk of diversion for undesirable purposes

§ 12. Sustainable development

§ 13. End Use

3. Main piece

Restrictions on transport with third countries

Section 1

Restrictions on the carriage of goods

§ 14. Approval requirements

§ 15. Special approval requirements for dual-use items

§ 16. National General Authorisations

§ 17. Global Approvals

§ 18. Prohibitions

§ 19. Reporting requirements

§ 20. Security measures

§ 21. Import certificates

Section 2

Technical assistance

§ 22. Prohibitions

§ 23. Approval requirements

§ 24. Exceptions

Section 3

Implementation of restrictive measures under international obligations

§ 25. Authorisation

4. Main piece

Transfers of defence-related products within the European Union

Section 1

Limitations

§ 26. Approval requirements

§ 27. Exceptions to the approval requirements

§ 28. General authorisations for transport within the European Union

§ 29. Revocation and suspension of general authorisations

§ 30. Global Approvals

§ 31. Individual approvals

§ 32. General provisions for approval notices

§ 33. Recognition of approvals from other EU Member States

§ 34. Information requirements

§ 35. Consent procedure

Section 2

Certification of companies

§ 36. Requirements for certification

§ 37. Certificates

§ 38. Extension of validity of allowances

§ 39. Verification of certified companies

§ 40. Suspension of validity and revocation of allowances

5. Main piece

Additional provisions for the implementation of the CWC and the Biotoxin Convention

§ 41. Prohibitions

§ 42. Approval requirements

§ 43. Global Approvals

§ 44. Reporting requirements

§ 45. Mixtures and finished products of chemicals

§ 46. Exceptions according to the Biotoxin Convention

§ 47. National Authority

§ 48. Representation in the Conference of the States Parties

6. Main piece

General rules on restrictions

Section 1

Organizational security measures

§ 49. Internal safeguards

§ 50. Responsible officers

§ 51. Assessment of reliability

Section 2

Applications and notifications

§ 52. Form and content of applications and notifications

§ 53. Electronic application

Section 3

Secondary provisions and other provisions

§ 54. Requirements

§ 55. Export restrictions of other EU countries

§ 56. Other requirements for authorisations and import certificates

§ 57. Revocation and subsequent conditions

§ 58. Delivery in special cases

§ 59. Registration and reporting requirements for general authorisations

§ 60. Loss and temporary suspension of the right to use general authorisations

§ 61. Register of mediation activities

Section 4

Advance Questions

§ 62. Advance Question

7. Main piece

Monitoring

Section 1

General control provisions

§ 63. General control measures

§ 64. Cooperation with the Federal Minister for Finance

§ 65. Recording and retention obligations

Section 2

Special provisions in accordance with the CWC

§ 66. Special provisions for review in accordance with the CWC

Section 3

International monitoring and consultation rules

§ 67. Consultation procedures between EU Member States

§ 68. Consultation procedure on export restrictions in movement permits

§ 69. Exchange of information with regard to certified companies

§ 70. International traffic

§ 71. General provisions for international data traffic

8. Main piece

Additional provisions on economic restrictions of the European Union

§ 72. Liberation provisions

§ 73. Global Approvals

§ 74. Requirements

§ 75. Applications

§ 76. Control provisions

9. Main piece

Cooperating with the main committee of the National Council and with other federal ministers

§ 77. Special provisions for the release of regulations

§ 78. Referral of other Federal Ministers and the establishment of an advisory council

10. Main piece

Criminal provisions and accompanying civil provisions

Section 1

Judicial acts of criminal law

§ 79. Judicial offences in the traffic with third countries

§ 80. Criminal offences committed in the course of the European Union

§ 81. Judicial offences relating to chemicals and goods subject to the Biotoxins Convention

§ 82. Contribution to ABC weapons

§ 83. Common provisions

§ 84. Provisional freezing

Section 2

Administrative offences

§ 85. Administrative administrative procedures to be punished

§ 86. Simplified order

§ 87. Administrative penalty provisions

§ 88. Waste and disposal

Section 3

Accompanying civil law

§ 89. Nullity of legal transactions

11. Main piece

Final provisions

§ 90. Proof of customs clearance

§ 91. Relationship to other federal laws

§ 92. Linguistic equality

§ 93. Entry into force and transitional provisions

§ 94. Notes on notification and implementation

§ 95. Enforcement clause

1. Main item

General provisions

Definitions

§ 1. (1) In the sense of this Federal Act:

1.

"Goods" means goods, software or technology;

2.

"goods" means physically tangible goods which may be the subject of trade, and electricity, with the exception of securities and means of payment;

3.

"technology" means technical knowledge, in particular technical knowledge, for the development, manufacture, application, operation, commissioning, installation or maintenance of equipment or materials which is not generally accessible;

4.

"Defence goods" means goods which have been included in the European Union Military List of Military Goods and which have been determined in a Regulation pursuant to paragraph 2;

5.

"dual-use goods" means goods which can be used for both civil and military purposes, including all goods which are used for both non-explosive purposes, as well as any form of support in the production of nuclear weapons or other nuclear explosive devices;

6.

"Customs territory of the European Union": Article 3 of the Community Customs Code, Regulation (EEC) No 2913/92, OJ L 297, 31.12.1992, p. No. OJ L 302, 19.10.1992 p. 1, certain areas;

7.

"other EU Member State" means an area which belongs to the customs territory of the European Union but not to the territory of the Federal Republic of Germany;

8.

"third country" means an area which is not part of the customs territory of the European Union;

9.

"person or company" means a natural or legal person, a civil society of commercial law or a registered working party;

10.

"operation" means any transaction and any transaction which is considered to be an import, export within the meaning of Z 11, transit within the meaning of Z 13, as a mediation within the meaning of Z 15 or 16, as a movement within the European Union within the meaning of Z 18, as a technical assistance within the meaning of Z 22, or as any other operation within the meaning of Z 23;

11.

"Export":

a)

the movement of goods from the territory of the Federal Republic to a third country, in particular through an export procedure within the meaning of Article 161 of the Community Customs Code, a re-export within the meaning of Article 182 of the Community Customs Code, or a re-export temporary export within the framework of outward processing arrangements within the meaning of Article 145 of the Community Customs Code;

b)

the transmission of software or technology by means of electronic media, telefax, telephone, electronic Post or other electronic medium from the territory of the Federal Republic to a third country;

c)

the provision of software or technology in electronic form from the territory of the Federal Republic of Germany, or by persons or companies residing, permanent residence or registered office in the territory of the Federal Republic of Germany for persons or companies in third countries;

d)

the oral transfer of technology from the federal territory to a third country if the technology is described on the telephone;

12.

"exporter":

a)

the person or company in respect of which an export declaration is made, the person or company who is the contracting party to the consignee in the third country at the time of receipt of the application and who is responsible for the dispatch, or the temporary dispatch of the goods from the customs territory of the European Union, or

b)

if no export contract has been concluded or if the contracting party does not act for itself, the person or company concerned with the dispatch or the temporary dispatch of the goods from the customs territory of the European Union in fact, or

c)

the Contracting Party established in the territory of the Federal Republic of Germany where, under the export contract, the right to dispose of the goods is to be granted to a person or a company established outside the customs territory of the European Union, or

d)

if none of the Contracting Parties is established in the territory of the Federal Republic of Germany, the person or company responsible for the transport from the territory of the Federal Republic, or

e)

in the case of an export according to Z 11 lit. b) the person or company which decides to transfer software or technology to a destination outside the European Union by means of electronic media such as fax, telephone, electronic mail or other electronic media; or

f)

in the case of an export according to Z 11 lit. c the person or company which decides to provide electronic form of software or technology to persons and companies in third countries, or

g)

in the case of an export according to Z 11 lit. d the person or society who decides on the oral transfer of technology;

13.

"transit" means the carriage of goods in and through the customs territory of the European Union to a destination in a third country, provided that the goods are not subject to the customs duty free movement and transport also through the territory of the Federal Republic, even if they are being reloaded, with the exception of the movement of goods from the customs office of export to the customs office of exit; for overflights of the Federal border by: State aircraft shall be subject to the provisions of air traffic regulations;

14.

"transit responsible":

a)

the person or company actually determined by the transit, or

b)

if this person or company is incapable of being identified, the person or company responsible for the transport;

15.

"mediation between third countries" means:

a)

the negotiation or the setting up of transactions for the purchase, sale or supply of goods from a third country to another third country, or

b)

the sale or purchase of goods situated in a third country for the purpose of shipment to another third country, or

c)

the establishment by the owner of a transfer of goods situated in a third country to another third country, with the exception of the exclusive provision of assistance such as transport, financial services, insurance or reinsurance, general advertising or sales promotion;

16.

"mediation from the European Union" means a process referred to under Z 15 which is made from another EU Member State to a third country;

17.

"intermediary" means a person or a company carrying out one or more operations within the meaning of Z 15 or 16; and

a)

this activity or activity is carried out by the Federal territory, or

b)

is resident or permanent resident in the territory of the Federal Republic of Germany, or

c)

in the territory of the Federal Republic of Germany;

18.

"Transfer within the European Union" means the delivery or promotion of a good from the territory of the Federal Republic to a recipient in another EU Member State;

19.

"supplier" means the person or company residing, permanent residence, registered office or establishment in the European Union, who is responsible for a movement within the European Union from a legal point of view;

20.

"recipient" means the person or company residing, permanent residence, registered office or establishment in the European Union, who, from a legal point of view, is responsible for the goods or goods following a transfer within the European Union. Union in reception;

21.

"certified company" means a person or company certified in Austria in accordance with § 37, or a person or company that is in another EU Member State has been certified in accordance with the relevant provisions of EU law as a recipient of defence equipment from other EU Member States in the context of a general authorisation for transport within the European Union;

22.

"technical assistance" means any technical assistance, including in oral form, in connection with the repair, the Development, manufacture, assembly, testing, maintenance or any other technical service, for example, in the form of instruction, advice, training, transfer of practical knowledge or Skills, provided that:

a)

are provided outside the European Union by Austrian nationals or by persons or companies resident in the territory of the Federal Republic of Germany, permanent residence, permanent residence or registered office; or

b)

shall be made available from the territory of the Federal Republic of Germany, or by persons or companies residing, permanent or registered in the territory of the Federal Republic of Germany, or by persons or companies outside the European Union;

23.

"other operation" means an operation which is a restrictive measure based on the directly applicable law of the European Union within the meaning of Z 24 lit. (b) on the basis of the provisions of international law referred to in § 25, to the extent that it is not an import, export within the meaning of Z 11, a transit within the meaning of Z 13, a mediation within the meaning of Z 15 or 16 or technical assistance within the meaning of Z 22;

24.

"directly applicable law of the European Union" means any directly applicable acts adopted on the basis of the EC Treaty or of the TFEU

a)

on the control of the trade in firearms, with goods and certain services, which, in addition to possible civilian uses, also for military purposes, for the purpose of the execution of the death penalty, torture or other inhuman or degrading treatment or punishment may be used or provided with other goods, provided that the proceeds from this trade are to be used for military purposes;

b)

which are subject to restrictive measures, provided that they relate to goods within the meaning of Z 1, and

c)

with those other than the one in lit. (a) restrictions on the import and export of goods under the common commercial policy are laid down;

25.

"CFSP act" means the act of the common foreign and security policy adopted in accordance with Title V of the EU Treaty;

26.

"general authorisations" means the advance with a generally valid provision for an indefinite number of operations which satisfy certain conditions in respect of the countries of destination, the goods covered or other characteristics of the operations covered, authorisations granted, namely:

a)

"General authorisations of the EU" means the provisions of the directly applicable law of the European Union within the meaning of Z 24 lit. a granted general authorisations;

b)

"national general authorisations" means general authorisations granted under this Federal Act for the export, transit or brokery of dual-use goods within the meaning of Z 5 between third countries, and

c)

"General authorisations in transport within the European Union" means general authorisations granted under this Federal Law on the Movement of Defence Equipment within the European Union;

27.

"CWK": the Convention of 13. Jänner 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on the Destruction of such weapons Weapons, BGBl. III No 38/1997;

28.

"OPCW" means the Organization for the Prohibition of Chemical Weapons, established by the States Parties to the CWC, in order to achieve the aim and purpose of the CWC in order to ensure the implementation of its provisions, including those on international verification of compliance with the Convention and as a framework for the consultations and cooperation between States Parties;

29.

"States Parties to the CWC" means States that have ratified the CWC and have already entered into force for this Convention;

30.

"chemicals" means the toxic chemicals and raw materials referred to in the annexes on chemicals to the CWC, as well as substances used to combat unrest and substances which make them combative, namely:

31.

"Category 1 chemicals" means toxic chemicals and raw materials contained in list 1 of the Annex on chemicals to the CWC;

32.

"Category 2 chemicals" means toxic chemicals and raw materials contained in List 2 of the Annex on chemicals to the CWC;

33.

"Category 3 chemicals" means the toxic chemicals and raw materials contained in List 3 of the Annex on chemicals to the CWC;

34.

"Category 4 chemicals" means organic chemicals within the meaning of Part IX (1) (lit). b of the verification link to the CWK, containing the elements phosphorus, sulphur or fluorine; and which are not covered by Z 31 to 33;

35.

"Category 5 chemicals": organic chemicals produced by synthesis within the meaning of IX para. 1 lit. a of the verification link to the CWC, which is not covered in the Z 31 to 34, excluding hydrocarbons, explosives and plastics;

36.

"chemicals in category 6":

a)

"substances for the control of unrest" means substances other than those detected in Z 31 to 33, which may spontaneously cause sensory irritation or incapacitating effects in humans, which may occur within a short period of time after completion of the treatment. the exposure is disappearing;

b)

"substances that make them combative": other than those in Z 31 to 33 as well as in lit. a detected substances which cause mental or physiological impairments in humans, which render the persons concerned unable to perform acts or the tasks assigned to them in a meaningful way, and

37.

"Biotoxin Convention (BTK)": the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on the Destruction of such weapons, BGBl. No 432/1975, and

38.

"ABC weapons" means chemical, biological or nuclear weapons or other nuclear explosive devices, as well as carrier systems for such weapons and nuclear explosive devices, for mass destruction.

(2) The Federal Minister for Economic Affairs, the Family and Youth, in accordance with the current list of military goods of the European Union, published in the Official Journal of the European Union, Part C, has to determine which goods are defence-related within the meaning of paragraph 1 (4).

(3) The Federal Minister for Economic Affairs, Family and Youth has to determine, in accordance with the obligations under the CWC, which chemicals or classes of chemicals are subject to this federal law pursuant to paragraph 1 (1) (31) to (36) of this federal law and which of the definitions given in these Z. To the extent that this is required or permitted under international law obligations arising from the CWC, quantities of chemicals, classes or categories of chemicals shall be set for the purposes of applying restrictions under this Regulation. Federal law is relevant.

Value limits

§ 2. (1) In so far as the application of provisions of this Federal Act or of a regulation adopted on its basis is subject to value limits, or where a value is used in permits and other documents, the statistical Value in accordance with the direct applicable law of the European Union on statistics relating to external trade with third countries.

(2) Where a consignment of goods placed in a customs warehouse or free warehouse is distributed in the same, the relevant value for release for free circulation shall be the value provided for in paragraph 1 of the total originally undivided consignment.

2. Main piece

Approval Criteria

General principles

§ 3. (1) In the case of the granting of authorisations pursuant to this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Article 1 (1) (c) 24 lit. a or b are to examine in detail the effects of the specific operation with regard to the criteria referred to in § § 4 to 12, and it is to be assessed whether there are grounds for refusal. This test shall in particular:

1.

the nature and quantity of the goods concerned or the nature and extent of the technical knowledge concerned;

2.

the intended country of destination,

3.

the final beneficiary, and

4.

the intended end-use purpose.

(2) A permit shall be granted if compliance with the criteria set out in § § 4 to 12 is ensured, where appropriate by appropriate conditions pursuant to § 54.

(3) A permit pursuant to paragraph 1 shall also be granted only if the applicant has a permit to pursue gainful employment, within the framework of which the requested transaction is to be carried out, provided that such authorisation is to be carried out of this activity is required.

(4) In deciding on an application and the requirement to impose conditions, account must be taken of the extent to which measures have already been taken in accordance with § 49 and have already been taken.

Compliance with international obligations

§ 4. An authorisation shall be refused if the transaction is in breach of Austria's obligations under European Union law or other international law, in particular obligations for the implementation of restrictive measures or the implementation of agreements in the field of arms control and the control of technology transfer.

Compliance with international arms export control mechanisms

§ 5. (1) A permit shall be granted where there is no reasonable suspicion that the goods are wholly or partly intended for the purpose of development, manufacture, handling, operation, maintenance or other maintenance, storage, Location, identification, testing or dissemination of chemical or biological weapons, nuclear weapons or other nuclear explosive devices, or for the purpose of development, manufacture, maintenance or other maintenance, the Testing, storage or distribution of missiles and other carrier systems for such weapons would be used.

(2) In assessing the condition referred to in paragraph 1 above, account shall be taken in particular of:

1.

the country of destination's commitment in the field of non-proliferation and in other areas of arms control and disarmament,

2.

the signing, ratification and implementation of the relevant arms control and Convention on Disarmament by this country,

3.

the participation of this country in international arms export control mechanisms.

Respect for human rights and international humanitarian law

§ 6. (1) An authorisation shall be granted if there is no clear risk that the goods could be used for internal repression, serious human rights violations or serious violations of international humanitarian law.

(2) In assessing the condition referred to in paragraph 1 above, account shall be taken in particular of:

1.

the position of the country of destination and of the specific end user on the relevant principles of international human rights instruments,

2.

compliance with the agreements and other provisions of international humanitarian law by the country of destination and by the specific end-users,

3.

the special risk of violations referred to in paragraph 1 in the case of serious violations of human rights in the country of destination,

4.

the nature of the goods for which authorisation is requested,

5.

the fact that the goods are intended for internal security purposes,

6.

the special risk of injury as referred to in paragraph 3, if the goods have already been used by the specified end user in this or similar form for internal repression .

(3) Internal repression shall include inter alia:

1.

Torture and other cruel, inhuman and degrading treatment or punishment,

2.

arbitrary or rapid executions,

3.

the disappearing of people,

4.

arbitrary arrests,

5.

other serious violations of human rights and fundamental freedoms, such as those contained in the relevant human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, are laid down.

Effects on the internal situation in the country of destination

§ 7. (1) An authorisation shall be granted where there is no reasonable suspicion that the goods in the country of destination would cause or prolong armed conflict, or would exacerbate existing tensions or conflicts.

(2) In assessing the conditions set out in paragraph 1 above, the internal situation in the country of destination shall be examined in detail with regard to existing or threatened tensions or conflicts.

Maintenance of peace, security and regional stability

§ 8. (1) A permit shall be granted where there is no clear risk that the specified recipient will use or otherwise use the goods for the purpose of aggression against another country or for the forceful enforcement of a territorial claim the security interests of another country, or the stability of the region, could endanger the security interests of another country.

(2) In the assessment of the conditions referred to in paragraph 1 above, account shall be taken in particular of:

1.

the existence or probability of an armed conflict between the country of destination and another country,

2.

claims on the territory of a neighbouring country whose forceful enforcement has attempted or threatened the country of destination in the past;

3.

the likelihood that the goods will be used for purposes other than the legitimate national security and defence of the country of destination;

4.

compliance with international obligations with regard to the non-use of force by the country of destination;

5.

the risk that regional stability could be significantly affected.

Impact on Austria's security interests and external relations and on the security interests of other EU Member States

§ 9. (1) A permit shall be issued if there is no reasonable suspicion that the operation would infringe the security interests of Austria or other EU Member States or significantly disturb Austria's external relations would be.

(2) In the case of an assessment of the conditions referred to in paragraph 1, account shall be taken in particular

1.

the possible impact of the operation on the defence and security interests of Austria and the other EU Member States,

2.

the risk that the goods will be used against the armed forces of Austria or other EU Member States; and

3.

the impact of the operation on Austria's external relations, including its participation in international arms export control mechanisms.

Impact on terrorist activities and international crime

§ 10. (1) An authorisation shall be granted if there is no reasonable suspicion that the goods would be used to promote terrorism or international crime.

(2) In the case of an assessment of the conditions referred to in paragraph 1, account shall be taken in particular

1.

the behaviour of the country of destination in relation to the international community, the nature of the alliances it has entered into and the respect of international law,

2.

its stance on terrorism and the fact that it supports or promotes terrorism,

3.

the fact that it supports or promotes international organised crime,

4.

the behaviour of the end user, including his attitude to terrorism and international crime, and the fact that he supports or promotes terrorist or criminal activities.

Risk of diversion for undesirable purposes

§ 11. (1) A permit shall be granted if there is no reasonable suspicion that the goods would be diverted to end-use which would contradict the criteria mentioned in § § 4 to 10.

(2) In assessing the extent to which there may be a diversion referred to in paragraph 1 above, account shall be taken in particular of:

1.

the legitimate interests of the defence and the internal security of the country of destination, including a participation in United Nations peacekeeping operations,

2.

the technical capacity of the country of destination to use the goods;

3.

the ability of the country of destination to carry out effective export controls;

4.

the risk of the goods being used in the country of destination of a use referred to in paragraph 1 or being re-exported from the country of destination for such use,

5.

the risk that the goods will be diverted for purposes of terrorism or international crime,

6.

the risk of a post-production or an unintended transfer of technology.

(3) In the event of an assessment of the risk of an undesirable re-export within the meaning of Section 2 (4), the previous compliance with re-export regulations or permit obligations, which are determined by Austria and other EU Member States, are in particular: were to be taken into account by the country of destination and the final recipient of the final decision.

Sustainable development

§ 12. (1) A permit shall be granted where there is no reasonable suspicion that the operation will result in a serious impairment of the permanent development of the country of destination.

(2) In assessing the condition referred to in paragraph 1 above, account shall be taken in particular of:

1.

the fact that a State should use as few workers and economic resources as possible for armaments in the fulfilment of its legitimate security and defence needs,

2.

the technical and economic capacity of the country of destination;

3.

the respective share of the country of destination's armaments and social expenditure, taking into account any assistance from the European Union or on a bilateral basis.

End Use

§ 13. (1) In order to fully assess the criteria referred to in § 3 (1) iVm in § § 4 to 12, the final use in the country of destination must be thoroughly reviewed. This is to be proved by appropriate documents, in particular by means of a final declaration of lefthand or a permit officially granted by the country of destination.

(2) Where technology or components are intended as precursors for a final product produced in a third country, the possible end use in the third country concerned and the risk that the final product may be used for end use are in particular the end product. could be rerouted or exported, which would be contrary to § § 4 to 10 or 12.

(3) Documents referred to in paragraph 1 shall contain the information necessary to enable the final user and end-use to be reliably assessed. For this purpose, the Federal Minister for Economic Affairs, the Family and Youth has to lay down more detailed provisions on the content of these documents.

3. Main piece

Restrictions on transport with third countries

Section 1

Restrictions on the carriage of goods

Approval requirements

§ 14. (1) Insofar as an authorisation is not already based on the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a or b is required, require the approval of the Federal Minister for Economic Affairs, Family and Youth according to this federal law:

1.

the export and transit as well as the mediation between third countries of defence-related products within the meaning of section 1 (1) (1) (4) of the iVm § 1 (2),

2.

the import, export and transit of chemicals in category 1,

3.

the export, transit and conciliation of Category 2 chemicals and

4.

Operations for which such an authorisation requirement is subject to restrictive measures as a result of an act of the CFSP, a decision within the framework of the OSCE or a binding resolution of the United Nations Security Council, the scope and content of such authorisation requirements being laid down in a Regulation in accordance with § 25.

(2) The Federal Minister for Economic Affairs, Family and Youth shall, by means of a Regulation, provide for exemptions from the permit requirement laid down in paragraph 1 (1) (1) if:

1.

Goods are exclusively used for personal use and are not intended for transfer or modification and are not intended for transfer or modification, and

2.

It is not to be feared that there will be operations which are contrary to the approval criteria in accordance with the second main item.

(3) If the European Union is not directly applicable to applicable law, the Federal Minister for Economic Affairs, Family and Youth has an authorisation requirement for the import, export, transit or placement of in respect of goods, other than those referred to in paragraph 1, in the carriage of goods by individual or all third countries, where this is necessary:

1.

for the fulfilment of obligations under international law within the meaning of § 4 or

2.

in the interest of Austria's internal and external security, or

3.

for the control of the movement of goods which are or may be intended, in whole or in part, for a purpose referred to in Article 5 (1), or

4.

on the control of traffic with weapons not covered by Z 3, munitions or explosives, and other goods not covered by Z 3, which are particularly intended for military purposes are constructed or modified, or

5.

for the control of traffic in goods intended for internal repression, human rights violations or terrorist purposes.

(4) A Regulation on the basis of paragraph 3 shall be repealed without delay if the reasons for its omission have been omitted.

Special approval requirements for dual-use items

§ 15. (1) Insofar as the Federal Minister for Economic Affairs, the Family and Youth is aware that dual-use items, the export, transit or mediation of goods between third countries, are intended to:

1.

in whole or in part for use in connection with the development, manufacture, handling, operation, maintenance, storage, location, identification or dissemination of chemical, biological or nuclear weapons, or Other nuclear explosive devices, or for the development, production, maintenance or storage of missiles for such weapons, may be or may be intended to be used, or

2.

to a country of destination against which an arms embargo has been imposed on the basis of an act of the CFSP or of a decision within the framework of the OSCE or on the basis of a a binding resolution of the United Nations Security Council, and these goods are intended to be used in whole or in part for military end-use, or can be determined, or

3.

are intended, in whole or in part, for use as part of defence-related products, or may be intended for export, transit and brokery; Third countries of an authorisation requirement pursuant to Section 14 (1) (1) (1) or a prohibition in accordance with § 18 or an authorisation requirement or a prohibition on the basis of directly applicable Right of the European Union within the meaning of Section 1 (1) (c) 24 lit. a, or for which an authorisation requirement has been laid down in accordance with § 20, and which without such a authorisation, carried out, carried out, carried out, or mediated between third countries, contrary to the prohibition or in breach of conditions in the notification of approval,

the exporter shall inform the exporter within three working days of the fact that an authorisation requirement under the direct applicable law of the European Union within the meaning of Article 1 (1) (1) (24) of this procedure is required for this procedure. a.

(2) All Federal Ministers have the power to collect data on the nature, nature, quantity, value, origin, origin, destination, destination and transport routes of the Federal Minister for Economic Affairs, Family and Youth on matters relating to the facts referred to in paragraph 1 above. to communicate the persons directly or indirectly involved in the operation, which have become known to the Federal Ministers and the authorities which have been notified to them. The data disclosed in this way may be used solely for the purposes of the enforcement of this Federal Act and of the directly applicable law of the European Union pursuant to § 1 paragraph 1 Z 24 lit. a.

(3) The Federal Minister of Finance shall be notified without delay of the existence of the permit requirement in accordance with paragraph 1. This communication shall contain all the data necessary for the monitoring of compliance by the customs authorities with the exporter, the goods in question, the country of destination and the intended recipient.

(4) As a military end use within the meaning of paragraph 1 Z 2

1.

the installation in defence equipment, or

2.

the use of manufacturing, testing or analysis equipment and components therefor for the development, manufacture or maintenance of defence equipment, or

3.

the use of unfinished products in an installation for the production of defence equipment.

National General Authorisations

§ 16. (1) The Federal Minister for Economic Affairs, the Family and Youth has to issue national general authorisations for the export, transit or mediation between third countries of dual-use items with a Regulation, which shall apply to: Certain countries of destination and certain categories of goods, if directly applicable law of the European Union expressly permits such action or is not contrary to it, and is not to be feared that such action will be carried out in the Contradiction to the approval criteria according to the second main piece. Where necessary, this Regulation provides for the use of the national general authorisation to lay down the conditions required to comply with these authorisation criteria.

(2) Insofar as the Federal Minister for Economic Affairs, the Family and Youth is aware that goods on whose export, transit or mediation between third countries a national general authorisation pursuant to paragraph 1 relates, for one of the goods in accordance with § § 5 to 8 and 10 specified purposes, he shall inform the exporter, transit responsible or intermediary that the general authorisation may not be used for this operation.

(3) Where an exporter, a person responsible for transit or an intermediary is aware that goods subject to a national general authorisation may be or may be intended for one of the purposes specified in sections 5 to 8 and 10, he shall have: this shall be notified to the Federal Minister for Economic Affairs, the Family and Youth and to submit an application for individual approval for the operation in question.

Global Approvals

§ 17. (1) The Federal Minister for Economic Affairs, Family and Youth has authorisations on the basis of this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a and b in the form of time-limited global authorisations for one or more types or categories of goods which are valid for the carriage of goods by one or more specified recipients, categories of recipients or third countries, to if this is

1.

is in the interest of administrative simplification and cost savings, and

2.

Operations contrary to the approval criteria in accordance with the second main item are not to be feared, taking into account the extent to which the applicant applies appropriate and proportionate measures within the meaning of Section 49.

(2) holders of global authorisations shall be obliged to report annual reports on deliveries. The Federal Minister for Economic Affairs, the Family and Youth has to lay down detailed rules on the content of these reports.

Prohibitions

§ 18. (1) prohibitions are

1.

the import, export, transit and transfer of chemicals in categories 1 and 2 from one or in a State not party to the CWC;

2.

the import, export and transit of agents, toxins, weapons, equipment and means of use in the sense of Art. I of the Biotoxin Convention and

3.

Operations contrary to restrictive measures adopted pursuant to a legislative act of CFSP, on the basis of a decision within the framework of the OSCE or on the basis of a binding resolution of the United Nations Security Council, with scope and content such prohibitions shall be laid down in a Regulation in accordance with Section 25.

(2) The Federal Minister for Economic Affairs, Family and Youth has, by Regulation, prohibiting the import, export, transit or placement of certain goods other than those referred to in paragraph 1 in individual or all third countries if this is not the case.

1.

either under international law obligations within the meaning of § 4, or

2.

is required to comply with other approval criteria specified in § § 5 to 12 and the establishment of an authorisation requirement is not sufficient.

Reporting requirements

§ 19. (1) If a corresponding reporting obligation is not already due to the directly applicable law of the European Union within the meaning of § 1 para. 1 Z 24 lit. (a) or (b) shall be notified to the Federal Minister for Economic Affairs, the Family and Youth for operations prior to their implementation, where this is in the context of restrictive measures under a CFSP act, under a decision within the framework of the It is required by a binding resolution of the United Nations Security Council, whereby the scope and content of such reporting obligations are to be laid down in a regulation in accordance with § 25.

(2) The Federal Minister for Economic Affairs, the Family and Youth has, in cases other than the cases referred to in paragraph 1 above, a duty to report on the import, export or transit of goods between third countries in the transport sector or to all third countries, even if the underlying transactions do not require authorisation, provided that:

1.

on the basis of obligations under international law within the meaning of Section 4, or

2.

is necessary to prevent the circumvention of an authorisation requirement laid down in § 14 para. 1 or in a regulation pursuant to section 14 (3).

(3) Insofar as directly applicable law of the European Union within the meaning of § 1 para. 1 Z 24 lit. a by means of a corresponding authorization, the Federal Minister for Economic Affairs, Family and Youth has a duty to report on the export or transit of goods with a dual-use purpose by means of a regulation between third countries which are not already subject to an authorisation requirement on the basis of the above provisions of the European Union, to be placed on the market with individual or all third countries if this is to be carried out for the purpose of examining the end use of such products Goods are required.

(4) In a regulation referred to in paragraph 2 or (3), it is necessary to specify exactly what the reporting obligation relates to, in particular:

1.

the goods,

2.

the types of freight transport,

3.

the country of destination or the country of destination,

4.

the end user and

5.

the end-use purpose.

(5) Insofar as this is necessary to verify compliance with the approval criteria in accordance with the second main piece, the Regulation may also specify that, together with the notification, documents within the meaning of section 13 (1) shall be provided for the verification of the Final use in the country of destination.

(6) The Federal Minister for Economic Affairs, the Family and Youth has to confirm the receipt of the notification in writing within three working days. The notified operation must not be carried out until the confirmation has been received. If the Federal Minister for Economic Affairs, Family and Youth comes to the reasonable assumption that a procedure pursuant to paragraph 7 may be required, he must also inform him of this at the same time as the confirmation. In this case, the process may only be carried out if, after the expiry of two weeks after the notification, no permit requirement has been imposed in accordance with paragraph 7 or the Federal Minister for Economic Affairs, Family and Youth has already been notified of the notification. Indicates that a permit is not required.

(7) Insofar as directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a or b expressly authorized or not contrary thereto, the Federal Minister for Economic Affairs, Family and Youth shall prescribe an authorisation requirement for the operation with a communication if, on the basis of a notification in accordance with paragraphs 1 to 3, the Federal Minister for Economic and Monetary Affairs has to It has been accepted that the operation could contradict at least one of the approval criteria mentioned in the second main piece.

(8) The Federal Minister of Finance shall be notified without delay of the advance of the permit requirement in accordance with paragraph 7. This communication shall contain all the data necessary for the monitoring of compliance by the customs authorities with the exporter, the goods in question, the country of destination and the final recipient.

Security measures

§ 20. (1) If the Federal Minister for Economic Affairs, Family and Youth arrives at the reasonable assumption that the export or transit of a good could be contrary to the approval criteria in accordance with the second main item, he shall have, if the operation does not already an authorisation requirement or a prohibition on the basis of this federal law or on the basis of the directly applicable law of the European Union within the meaning of § 1 para. 1 Z 24 lit. a or b is subject to an authorisation procedure, and the exporter or the person responsible for the transit shall be notified forthwith of such an authorisation.

(2) All Federal Ministers have the power to collect data on the nature, nature, quantity, value, origin, origin, destination, destination and transport routes of the Federal Minister for Economic Affairs, Family and Youth on matters relating to the facts referred to in paragraph 1 above. to communicate the persons directly or indirectly involved in the operation, which have become known to the Federal Ministers and the authorities which have been notified to them. The data disclosed in this way may be used solely for the purposes of the enforcement of this Federal Act and of the directly applicable law of the European Union pursuant to § 1 paragraph 1 Z 24 lit. a and b are used.

(3) The Federal Minister for Economic Affairs, Family and Youth has announced

1.

either to approve the operation if, at the very least, the application of conditions in accordance with Section 54 ensures that it is subject to the approval criteria set out in the second paragraph of this Article. the main item is not contradicted, or

2.

prohibit the operation, even if it is not sufficient to impose conditions on compliance with these approval criteria.

(4) The Federal Minister of Finance shall be notified without delay of the existence of the permit requirement in accordance with paragraph 1 above and of a communication pursuant to paragraph 3. This agreement shall contain all the data necessary for the monitoring of the operation by the customs authorities as the exporter, the goods concerned, the country of destination and the final recipient.

(5) When it is necessary to prevent transit flights with an intermediate landing, the transit of goods which would be contrary to the approval criteria of the second main item may be prevented, irrespective of the customs legislation measures are taken which are necessary to suspend the operation pending the clarification of the question of compliance with these criteria. The appropriate measures shall be arranged with communication. Within two weeks, the Federal Minister for Economic Affairs, the Family and Youth shall either approve the operation and lift the measures to suspend the operation or prohibit the operation.

Import certificates

§ 21. (1) The Federal Minister for Economic Affairs, the Family and Youth shall issue import certificates on application if this is in order to obtain the authorisation of an export from a third country or a shipment from another EU Member State to the Federal territory is required and does not object to the approval criteria according to the second main item.

(2) If compliance with the conditions laid down in paragraph 1 can only be guaranteed by means of an advance of appropriate conditions in accordance with Section 54, the import certificate shall be issued only with those conditions. If conditions are not sufficient to ensure compliance with the requirements, the issue of the import certificate shall be refused.

(3) An import certificate shall contain at least the following information:

1.

the name, quantity and value of the goods,

2.

Indication of the foreign supplier and the consignor,

3.

Name and address of the Austrian user and

4.

Purpose of use of the goods.

Section 2

Technical assistance

Prohibitions

§ 22. Technical assistance shall be prohibited if:

1.

(a) to be used in connection with the development, manufacture, handling, operation, maintenance, storage, location, identification or dissemination of chemical or biological weapons, nuclear weapons or other nuclear explosive devices, or in connection with the development, manufacture, maintenance or storage of missiles suitable for the delivery of such weapons, or the supplier is aware that it is intended to do so, and (b) this use is contrary to international obligations within the meaning of Section 4; or

2.

(a) for use in connection with the development, manufacture, handling, operation, maintenance or other maintenance, storage, testing or dissemination of weapons and weapons other than those referred to in Z 1 systems, or the supplier is aware that it is intended to do so, and

b)

contradicting an arms embargo on the basis of a legal act of the CFSP, a decision within the framework of the OSCE or a binding resolution of the UN Security Council.

Approval requirements

§ 23. (1) Technical assistance shall be subject to the approval of the Federal Minister for Economic Affairs, Family and Youth if they are in connection with one of them in § 22 Z 1 lit. a or Z 2 lit. a stated end use.

(2) The authorisation shall be granted if, at least by means of the amortiation of conditions pursuant to Section 54, it is guaranteed that:

1.

the technical assistance does not contradict restrictive measures within the meaning of § 22 Z 2 lit. b or other obligations under international law within the meaning of Section 4 shall be provided; and

2.

there is no reason to believe that technical assistance would otherwise result in end-use, which would be contrary to the approval criteria in accordance with the second main piece.

Exceptions

§ 24. Unless obligations under international law in the sense of § 4 are contrary, technical assistance shall be exempted from the prohibition in accordance with § 22 and from the permit requirement in accordance with § 23, which shall:

1.

is provided in a third country, in the goods within the scope of a country-related general authorisation within the meaning of Article 1 (1) (1) (e) (26) (lit). a may be exported; or

2.

, by passing on information which is manifestly or part of basic research within the meaning of the relevant international conventions armaments control, or

3.

It takes place orally and does not relate to questions that are subject to the international control of defence-related products and other goods which are suitable for use in accordance with § 5 (1).

Section 3

Implementation of restrictive measures under international obligations

Authorisation

§ 25. Insofar as there is no competence of the European Union for the release of acts directly applicable, the Federal Minister for Economic Affairs, Family and Youth has restrictive measures on the national implementation of the provisions of international law on the basis of a legislative act of the CFSP, on the basis of a decision within the framework of the OSCE or on the basis of a binding resolution of the United Nations Security Council with a regulation:

1.

those third countries which are subject to an arms embargo, and

2.

Operations which are subject to an authorisation requirement in accordance with Section 14 (1) Z 4, a prohibition in accordance with § 18 (1) Z 3 or a reporting obligation pursuant to § 19 (1).

4. Main piece

Transfers of defence-related products within the European Union

Section 1

Limitations

Approval requirements

§ 26. The transfer of defence-related products within the European Union shall be subject to an authorisation requirement, unless otherwise specified below. In accordance with this section, authorisations are either general authorisations within the meaning of Article 1 (1) (1) (26) (c), as global authorisations, or as Individual licences shall be issued.

Exceptions to the approval requirements

§ 27. (1) No authorisation in accordance with § 26 is required for shipments within the European Union,

1.

which are carried out in the context of humanitarian assistance in the event of a disaster or an emergency in emergencies, or

2.

where goods are returned to the home country after repair or maintenance; or

3.

where goods are sent back to the home country for demonstration purposes after an exhibition or use.

(2) The Federal Minister for Economic Affairs, Family and Youth has to lay down further exemptions from the permit requirement by means of a regulation, provided that there is an authorisation of the European Union and that it is not to be feared that the exemption from the derogation will be granted. , the movement of goods to be subsequently exported from the European Union would be contrary to the approval criteria in accordance with the second main item.

General authorisations for transport within the European Union

§ 28. (1) The Federal Minister for Economic Affairs, Family and Youth has, in any case, general authorisations within the meaning of Section 1 (1) (1) (26) of the Regulation with the regulation. c for shipments within the European Union where:

1.

the supplier or the consignee is a government body,

2.

the supplier is the Austrian federal heer,

3.

the recipient belongs to the armed forces of another EU Member State, or

4.

the recipient is a certified company in another EU Member State within the meaning of Section 1 (1) (1) (21), or

5.

only goods which can only be used as components of other goods.

(2) Where this is necessary in order to prevent exports from the European Union which would be contrary to the approval criteria of the second main item, the conditions laid down in the Regulations referred to in paragraph 1 shall be applicable to the use of the General authorisation, in particular to ensure compliance with the necessary export restrictions.

(3) In a Regulation referred to in paragraph 1 (5), the condition for the use of this general authorisation shall, in any case, be to be required either:

1.

the presentation of a declaration by the beneficiary of the use to certify that the components used in the context of this authorisation are to be integrated or integrated into its own goods and, therefore, as such to be integrated into the may not be returned or exported again at a later date, unless it is necessary for the purpose of maintenance or repair, or

2.

a restriction on exports from the European Union to all or certain third countries, provided that such export is contrary to the approval criteria referred to in The second main piece would be feared.

(4) The Federal Minister for Economic Affairs, Family and Youth has general authorisations within the meaning of Section 1 (1) (1) (26) of the Regulation in cases other than those referred to in paragraph 1 above. c for certain types of movement within the European Union to be granted to certain types of recipients if:

1.

is required under the legislation of the European Union, or

2.

this is permitted under European Union legislation, and therefore does not conflict with the approval criteria referred to in the second main item fear.

(5) A Regulation referred to in paragraph 4 shall lay down the conditions for the use of such general authorisations, in particular:

1.

personal and organisational requirements of the suppliers;

2.

personal and organisational conditions of the recipients;

3.

Measures to prevent the export of the goods in question from the European Union at odds with the approval criteria in accordance with the second main item.

(6) Regulations pursuant to paragraph 4 (2) (2) shall be repealed if they:

1.

are no longer compatible with the legislation of the European Union, or

2.

do not provide sufficient control to prevent exports from the European Union which would be contrary to the criteria of the second main item.

(7) In so far as it is necessary to prevent exports referred to in paragraph 6 (2) above, additional or other conditions for the use of this general authorisation shall be laid down in Regulations pursuant to paragraph 1 and (4). In this respect, no more necessary conditions are to be repealed in these Regulations.

Revocation and suspension of general authorisations

§ 29. (1) If certification is withdrawn from a certified company in another EU Member State, all general authorisations within the meaning of Section 1 (1) (e) (26) shall apply. c. to this company, with the effective date of withdrawal by law as revoked. The Federal Minister for Economic Affairs, the Family and Youth shall immediately inform the revocation of the withdrawal after receiving the notice of withdrawal.

(2) The Federal Minister for Economic Affairs, Family and Youth has a general authorisation within the meaning of Section 1 (1) (1) (26) of the Regulation. (c) to suspend delivery to a specific company certified in another EU Member State if, after consultations with the other EU Member State concerned, it has doubts as to whether it has been notified in accordance with Article 69 (2), that this company will continue to ensure that there is no export of goods from the European Union, which would be contrary to the approval criteria in accordance with the second main item.

(3) Insofar as the Federal Minister for Economic Affairs, Family and Youth comes to the conclusion, after the suspension of the general authorisation in accordance with paragraph 2, that the doubts concerning the fulfilment of all the requirements for certification by the company concerned are not fulfilled , it shall repeal the Regulation in accordance with paragraph 2 without delay.

Global Approvals

§ 30. (1) Persons and companies which regularly spend defence related goods to recipients within the European Union shall, upon request, grant global authorisations for one or more types or categories of goods, except where: fear is that an export from the European Union could be contrary to the approval criteria in accordance with the second main item.

(2) The period of validity of global authorisations shall be limited to three years, with the possibility of extending the period of validity to a further three-year period. For this purpose, the marketing authorisation holder shall submit an application for renewal no later than three months before the expiry of the period of validity. If it is not notified within one month of this notification that the application is not accepted, the period of validity shall be deemed to be extended. A confirmation shall be issued upon request.

(3) A global authorisation may not be used during the validity of a regulation in accordance with section 31 (2) for the deliveries concerned.

(4) holders of global authorisations shall be obliged to report annual reports on deliveries. The Federal Minister for Economic Affairs, the Family and Youth has to lay down detailed rules on the content of these reports.

Individual approvals

§ 31. (1) The Federal Minister for Economic Affairs, the Family and Youth shall, upon request, grant individual licences for shipments within the European Union, if:

1.

the authorisation is only requested for a single movement; or

2.

a global authorisation has been applied for, but the conditions laid down in § 30 do not exist, or

3.

only an individual authorisation may be granted for an operation on the basis of a regulation in accordance with paragraph 2.

(2) If this is necessary in order to prevent exports from the European Union contrary to the approval criteria in accordance with the second main piece, the Federal Minister for Economic Affairs, Family and Youth has to establish by Regulation that the In any case, shipments of certain goods within the European Union to individual recipients, to certain categories of recipients or to certain other EU Member States, in any case, require a single authorisation. Such a Regulation shall be repealed without delay if the reason for its omission has been omitted.

(3) The holder of the individual authorisation shall report immediately to the Federal Minister for Economic Affairs, Family and Youth the implementation of the approved process.

General provisions for approval notices

§ 32. (1) A single or global authorisation shall be granted if it is not to be feared that it will subsequently be exported from the European Union, which would be contrary to the approval criteria in accordance with the second main item. Where appropriate documents prove that the goods are to be used for end-use by a recipient in another EU Member State, authorisation shall be granted if there is no reasonable doubt as to the authenticity or the authenticity of the document. the accuracy of the content of these documents.

(2) As a condition within the meaning of section 54, provision should be made in the case of a decision in accordance with § § 30 and 31 that the goods concerned do not at all, not in certain third countries or not in certain recipient categories in third countries from the European Union , provided that such export would be contrary to the approval criteria in accordance with the second main item.

(3) In the event that global authorisations are granted in accordance with § 30 or individual authorisations granted in accordance with § 31, it shall be issued within three weeks from the time of the application. If a other Federal Minister is to be referred to in accordance with Section 78 (1), this period shall be extended to five weeks. If no communication is issued within these time limits, the authorisation shall be deemed to have been granted in accordance with the application. A confirmation shall be issued at the request of the applicant.

Recognition of approvals from other EU Member States

§ 33. (1) An authorisation in accordance with § 26 shall not be required for a shipment from another EU Member State via the Federal territory to another EU Member State, if an authorisation of another Member State already exists for this operation. , and there is no risk that an export from the European Union could be in conflict with the approval criteria in accordance with the second main item.

(2) Insofar as the Federal Minister for Economic Affairs, Family and Youth becomes aware that after a movement within the meaning of paragraph 1 on an export from the European Union, it is contrary to the approval criteria in accordance with the second main piece , he has, on its own account, informed of an authorisation requirement for the operation concerned or the operations concerned. § 32 shall apply to these authorisations. The operation or operations may not be carried out prior to the notification of an approval certificate.

(3) Where a supplier responsible for carrying out a shipment approved in accordance with paragraph 1 by another EU Member State has reason to believe that there is an export from the European Union at odds with the Approval criteria according to the 2nd main item could be met, he has to report this to the Federal Minister for Economic Affairs, Family and Youth. This notification shall be reimbursed before the start of the shipment, if that reason already exists at that time, or immediately after it occurs.

(4) The Federal Minister for Economic Affairs, Family and Youth has to confirm the receipt of the notification in writing within three working days. The notified operation may not be carried out or continued until the date of receipt of such confirmation. If the Federal Minister for Economic Affairs, Family and Youth comes to the reasonable assumption that a procedure pursuant to paragraph 2 may be required, he must point out this fact in the confirmation. In this case, the process may only be carried out if, after the expiry of two weeks after the notification, no permit requirement has been imposed in accordance with paragraph 2 or the Federal Minister for Economic Affairs, Family and Youth has already informed that: a permit is not required.

(5) If this is necessary in order to prevent exports contrary to the approval criteria in accordance with the second main item, the Federal Minister for Economic Affairs, Family and Youth with Regulation shall establish that for the movement of goods in the As regards certain goods, certain recipients or groups of recipients or certain other EU Member States, it is in any case necessary to require additional authorisation under this Federal Law. Such a Regulation shall be repealed without delay if the reason for its omission has been omitted.

Information requirements

§ 34. (1) If a person spends goods on the basis of a general, global or individual authorisation, the recipients of these goods can be shown to be subject to the conditions or conditions attached to the authorisation, provided that such conditions are laid down in a regulation in accordance with § 28 or in have been determined in accordance with § 30 or § 31 of the permit.

(2) Anyone who has received goods under one or more export restrictions as part of a shipment within the European Union shall, in the event of a further shipment of those goods in the territory of the Federal Republic of Germany or of a further shipment within the territory of the The European Union has been shown to inform the recipient of all these restrictions.

Consent procedure

§ 35. (1) A person or company intending to export goods from the European Union which are subject to an export restriction laid down in an authorisation of a shipment within the European Union pursuant to this Federal Act , the Federal Minister for Economic Affairs, the Family and Youth, has to submit a request for approval.

(2) The Federal Minister for Economic Affairs, Family and Youth shall be informed of the agreement if the reason for the restriction is no longer and the export does not contradiction the criteria of the second main item. Otherwise, consent shall be refused.

Section 2

Certification of companies

Requirements for certification

§ 36. (1) The Federal Minister for Economic Affairs, the Family and Youth has to certify at the request of persons or companies that are eligible for defence-related products, so that they are entitled to such goods under a general authorisation in another Member State. The application shall be followed by detailed proof of compliance with the conditions laid down in paragraphs 2 to 4.

(2) Certification may only be carried out if the person or company concerned can be expected to not export, transit or broke goods between third countries which meet the approval criteria in accordance with is contrary to the second main piece and that it will comply with export restrictions in the movement permits of other Member States in the case of goods which it receives in the context of such authorisations. In any case, the following requirements must be met:

1.

Experience in the responsible use of defence-related products

a)

Reliable compliance with export restrictions and other essential legal provisions within the meaning of § 51 para. 1 lit. a,

b)

an upright permit to produce or trade in such goods, and

c)

highly experienced and reliable managers within the meaning of § § 50 and 51,

d)

Lack of concrete evidence that could give rise to doubts as to the reliability, in particular criminal penalties in the areas of law referred to in Section 51 (1) (1) (1), including those in accordance with the law on the responsibility of the Union for the Protection of Obligations (BGBl). I No 151/2005, other judicial or administrative decisions concerning this person or society, and

2.

the pursuit of a relevant industrial activity in defence related products within the European Union, including the possibility of integrating systems and subsystems; and

3.

Appointment of a manager as personally responsible for shipments within the European Union and exports and

4.

Submission of a written declaration of commitment, signed by the executive referred to in Z 3, that all necessary measures shall be taken to ensure that all comply with and enforce specific conditions and requirements relating to the end-use and export of purchased goods, and

5.

Submission of a written undertaking made by the executive referred to in Z 3 that the competent authorities shall respond to requests and within the framework of: checks on the final use and end-user of all goods obtained from another Member State in the context of a transfer authorisation shall be reliably carried out and

6.

Presentation of a detailed description of the internal code of conduct and control systems in connection with movements within the European Union, valid and carried out by the company, as indicated in Z 3, and Exports.

(3) The description referred to in paragraph 2 (2) (6) shall contain in particular:

1.

all organisational, staffing and technical arrangements for the orderly handling of shipments and export operations; and

2.

the hierarchy of those responsible and the exact distribution of responsibilities within the company; and

3.

the internal audit and control structures and procedures; and

4.

all measures to raise awareness and to provide training and training for staff and

5.

physical and technical protection and security measures; and

6.

Recording obligations and other measures for the exact tracing of movements and export operations.

(4) The Federal Minister for Economic Affairs, Family and Youth has to lay down more detailed requirements for the implementation of the programmes and measures referred to in paragraphs 2 and 3 of this Regulation. In doing so, it has particular regard to the relevant provisions of the law of the European Union, as well as to the different possibilities and capacities of companies of different sizes and of the types of goods concerned. consideration.

Certificates

§ 37. (1) The following information shall be included in the case of certificates issued within the meaning of Section 36:

1.

the authority which issued the communication,

2.

the name and address of the consignee;

3.

the certificate that the recipient fulfils the criteria in accordance with Article 36 (2) to (4); and

4.

the date of issue and the period of validity referred to in paragraph 3.

(2) Certificates shall be subject to conditions if they are necessary to ensure compliance with all the requirements set out in Article 36 (2) to (4). Such conditions may in particular provide for:

1.

a restriction on the reception of certain categories of goods;

2.

the obligation to report certain changes in the structure of the company, where such effects may affect the further fulfilment of the conditions laid down in § 36; and

3.

exact requirements under which the validity of the certificate can be temporarily suspended or the certificate can be revoked.

(3) The period of validity of a certificate shall be limited to a maximum of three years. The duration must be determined by weighing security policy interests. In particular, account shall be taken of:

1.

the importance of security and the possible end-use of the goods which form the object of the business;

2.

the circle of beneficiaries and recipient countries,

3.

the expected progress in safety technology in the area of activity concerned, and

4.

intended restructurings in the company.

Extension of validity of allowances

§ 38. (1) A certified company may submit an application for its extension no later than two months before the end of the period of validity, to be followed in accordance with Section 36 (1) to (3) of the application.

(2) The Federal Minister for Economic Affairs, Family and Youth shall inform the applicant within one month from the date of application of the application. approve, if there are no doubts, that the conditions pursuant to § 36 (2) to (4) remain in force. In so far as this is necessary to ensure compliance with these conditions, other or additional conditions are to be imposed.

(3) Unless all the conditions are fulfilled in accordance with § 36 (2) to (4), but compliance with these requirements may be guaranteed by certain specific measures or if certain documents which are sufficient to assess those conditions are sufficient. , shall be requested without delay in order to carry out the measures or transmission of the documents within a reasonable period of time, which may not exceed one month. The time limit for the decision referred to in paragraph 2 shall begin in this case only from the date on which this request has been made. If the request has not been given in due time, the extension shall be rejected.

(4) In cases other than those referred to in paragraph 3, the application must be rejected within the decision-making periods referred to in paragraphs 2 and 3, if it is established that the conditions for the certification are not available.

(5) If, within the time limits laid down in paragraphs 2 and 3, there is neither a notification of approval pursuant to paragraph 2 nor a decision to reject the decision in accordance with paragraph 4, the certificate shall be deemed to have been extended by law as for a further period of time which shall: the immediately preceding period of validity. The application shall be issued with a confirmation of this extension of the period of validity.

Verification of certified companies

§ 39. (1) In any event, certified companies shall have all the changes in the areas of activity referred to in section 36 (2) to (4), regardless of any reporting requirements specified in accordance with § 37 (2) (2) (2) (2) of the Federal Republic of Germany. Report any person or system immediately that may affect the validity and content of the certificate.

(2) The Federal Minister for Economic Affairs, the Family and Youth shall initiate a procedure for the verification of the certificate independently of the expiry of the period of validity of the certificate by its own motion,

1.

if, on the basis of a notification in accordance with paragraph 1 or in accordance with Section 37 (2) (2) or in the circumstances of other circumstances, it has doubts that the undertaking continues to fulfil the relevant conditions, or

2.

if another Member State notifies reasonable doubts as to the fulfilment of the conditions by the undertaking concerned.

(3) The Federal Minister for Economic Affairs, Family and Youth has to confirm the certification with a communication if all the conditions for this are still in place. In any case, it shall redefine the period of validity in accordance with section 37 (3). If this is necessary to ensure compliance with the conditions, it shall require other conditions or additional conditions.

Suspension of validity and revocation of allowances

§ 40. (1) Unless all the conditions are met in accordance with § 36 (2) to (4), but compliance with these requirements can be guaranteed by certain measures, it is necessary to set a reasonable time limit for their implementation, during which time the the validity of the certificate is provisionally suspended. The company has to report the implementation within the said deadline. In this case, the validity of the certificate lives up again, provided that the Federal Minister for Economic Affairs, Family and Youth does not issue a revocation notice pursuant to paragraph 2 at the latest one week after the expiry of the period.

(2) Certificates are to be revoked if:

1.

the conditions have not been met;

2.

a review procedure in accordance with section 39 (2) or (1) shows that the conditions are no longer available, or

3.

a notification in accordance with paragraph 1 is not reimbursed in good time.

(3) If the validity of a certificate is suspended in accordance with paragraph 1 or if the certificate is revoked in accordance with paragraph 2, the person or company affected by the suspension or revocation shall have all the suppliers of goods known to it within the scope of a General authorisation to be notified without delay. A new information shall be carried out if the provisionally suspended validity of the certificate is re-established.

5. Main piece

Additional provisions for the implementation of the CWC and the Biotoxin Convention

Prohibitions

§ 41. Prohibited

1.

the development, production, acquisition, storage, retention, and direct or indirect transfer and use of chemical weapons in the sense of the CWC;

2.

military preparations for the use of chemical weapons;

3.

support, encouragement or instigation of activities subject to a ban in accordance with the CWC;

4.

the development, manufacture, acquisition, possession, storage, retention, direct or indirect transfer and use of chemicals in categories 1 and 2 in non-contracting States Parties to the CWC, by: Austrian citizens or by persons or companies in the Federal Republic of Germany have a residence or a seat;

5.

the development, production, storage, acquisition or storage of

a)

Agents and toxins in the sense of Art. I Z 1 of the Biotoxin Convention, except for species and in quantities justified by prevention, protection and other peaceful purposes;

b)

weapons, equipment or means of use intended for the use of the agents or toxins referred to in Z 1 for hostile purposes or in an armed conflict;

6.

the use as a means of warfare of

a)

Means of combating unrest and

b)

of substances that make them combative.

Approval requirements

§ 42. (1) Subject to an authorisation requirement

1.

the development, production, acquisition, possession, storage and retention of Category 1 chemicals,

2.

the direct or indirect transfer of the chemicals referred to in Z 1; and

3.

the development, production, possession, storage, and retention of the in-kind. I of the Biotoxin Convention, agents, toxins, weapons, equipment, or Use.

(2) The operations referred to in paragraph 1 shall also be subject to an authorisation requirement if they are carried out outside the territory of the Federal Republic by an Austrian citizen or by persons or companies who have their registered office or place of residence in the Federal territory.

(3) No separate approval pursuant to paragraph 1 shall require operations which are subject to an authorisation requirement in accordance with Section 14 (1) or (26).

(4) The authorisation in accordance with paragraph 1 or 2 shall be granted if Austria's obligations under international law, in particular the prohibitions in accordance with the CWC or the Biotoxin Convention, are not in conflict and there is no reason to fear that it will be exported to the is contrary to the approval criteria according to the second main item.

Global Approvals

§ 43. Authorisations in accordance with § 42 shall be issued in the form of temporary global authorisations for one or more types or categories of goods and operations, if this is not the case.

1.

is in the interest of administrative simplification and cost savings, and

2.

the applicant applies appropriate means and procedures to ensure compliance with the relevant obligations under international law and the prevention of exports in the Contradiction to the approval criteria in accordance with the second main piece.

Reporting requirements

§ 44. (1) A reporting obligation shall be subject to persons or companies which:

1.

develop, manufacture, acquire, acquire, possess, store, retain or pass on chemicals of category 1 as part of a marketing authorisation pursuant to § 42; these are in the to set the approval certificate in accordance with the requirements in Part VI of the verification link to the CWC;

2.

Develop, manufacture, acquire, possess, store, retain or pass on chemicals in category 2 and 3, or

3.

produce chemicals in category 4 or 5, with the exception of the notification requirement in installations where only hydrocarbon compounds and explosives are produced; or

4.

Develop, manufacture, acquire, possess, store, retain or pass on chemicals in category 6.

(2) Reported persons pursuant to paragraph 1 (1) (2) to (4) shall submit an initial notification, periodic reports and a notification of the task of an activity.

(3) The initial notification shall be made for chemicals in categories 2 to 6 at least 20 days prior to the intended inclusion of the activity or the expected reach of the quantitative threshold defined in accordance with § 1 (3).

(4) In any case, the initial notification shall include:

1.

the chemical concerned,

2.

the nature of the activity or activities,

3.

the date on which the activity is expected to take place or the quantity threshold is expected to be reached.

(5) Periodic reports shall be reported in accordance with international obligations arising from the CWC in the form of forecasts of expected and final reports on operations carried out. The obligation to submit these reports in respect of one or more activities relating to a given chemical shall begin with the initial notification as referred to in paragraph 3 and shall end, irrespective of the quantities of this chemical concerned, which are affected each year, only with delivery. a notification as referred to in paragraph 6 in respect of that activity or activities.

(6) A notification of the task of an activity shall be effected immediately upon the task of a particular or all activities relating to a particular chemical. In any event, the date of the task of the activity or activities and the changes since the last periodic notification referred to in paragraph 5 shall be indicated in this notification.

(7) The reported data shall be treated confidentially and may only be used for the purposes of the enforcement of this federal law, as well as the enforcement of criminal and financial criminal provisions.

(8) The Federal Minister for Economic Affairs, the Family and Youth has, in accordance with the obligations under international law, with the CWC and compliance with the other approval criteria of the second main item for notifications pursuant to paragraphs 3, 5 and 6 with Regulation:

1.

the data to be provided in each of these messages; and

2.

The dates for the submission of periodic reports and final reports.

Mixtures and finished products of chemicals

§ 45. (1) Apart from the cases regulated in paragraph 2, the prohibitions apply in accordance with § 18 (1) Z 1 and § 41, the approval requirements in accordance with § § 14 (1), (26) and 42 (1) (1) and (2) and (2) as well as the reporting requirements in accordance with § 44 also apply to mixtures and Finished products containing one or more of the chemicals covered by the restrictions.

(2) The Federal Minister for Economic Affairs, Family and Youth, however, has to lay down by Regulation that all or some of the prohibitions, approval or reporting requirements referred to in paragraph 1 for all or individual operations or activities in the case of mixtures and do not apply if the share of the chemical or chemicals does not exceed a certain percentage by weight, provided that this is compatible with Austria's obligations under international law on the basis of the CWC, because

1.

the mixture contains only a small percentage of the chemical and

2.

a slight recovery of the chemical from the mixture is not possible and

3.

the total quantity of the chemical contained in the mixture does not present a risk for the purpose and purpose of the CWC.

Exceptions according to the Biotoxin Convention

§ 46. The prohibitions in accordance with § 18 (1) Z 2 and § 41 and the approval requirements in accordance with Sections 14 (1), 26 and 42 (1) (3) and (2) shall not apply to the development, manufacture, possession, storage, and retention of agents, toxins and Equipment in the sense of Art. I of the Biotoxin Convention, which is intended solely for medical diagnostic purposes and for human or veterinary research at universities, universities of applied sciences or other approved facilities for these purposes. Quantities are determined.

National Authority

§ 47. (1) National Authority in the sense of Art. Section VII (4) CWK is the Federal Minister for Economic Affairs, Family and Youth, who, in particular, is responsible for the following tasks:

1.

the collection of the data to be reported in accordance with Art. III and VI as well as parts VI, VII, VIII and IX of the verification link to the CWC,

2.

the acceptance of the first declaration and all other mandatory reports to the OPCW in accordance with Art. III and VI as well as parts VI, VII, VIII and IX of the verification link to the CWC,

3.

participation in the inspections carried out and carried out by the OPCW in accordance with Art. VI (9) and (10) and parts VI, VII, VIII and IX of the Verification Annex to the CWC and Art. IX and the parts II and X of the verification link to the CWK,

4.

The immediate forwarding of OPCW inspection applications in accordance with Art. VI (9) and (10) and parts VI, VII, VIII and IX of the Verification Annex to the CWC and Art. IX paragraph 15 CWK to the institution to be inspected,

5.

the conduct of verifications with regard to compliance with the obligations under this Federal Act, in accordance with the provisions of Parts VI, VII, VIII and IX of the Verification attachment to the CWK,

6.

to ensure the secrecy of all available, accessible and available data and information in accordance with the CCWC confidentiality;

7.

cooperation with Member States and with non-member states of the CWC in accordance with Art. IX, X, XI, and the verification attachment to the CWC,

8.

the assistance of the OPCW in its activities in accordance with Art. IX and X, as well as parts II, VI, VII and VIII of the verification link to the CWC,

9.

the exchange and cooperation in the scientific and technical field for purposes not subject to the CWK in accordance with Art. XI and parts VI, VII and VIII of the Verification attachment to the CWK and

10.

the support and advice of persons and companies in matters relating to the implementation of the CWC, while respecting the confidentiality obligations laid down therein.

(2) Apart from the cases referred to in § 48, the Federal Minister for Economic Affairs, Family and Youth shall represent Austria as a National Authority in accordance with Art. VII (4) CWK in the fulfilment of all obligations arising from the CWC.

(3) The Federal Minister for Economic Affairs, the Family and Youth has to inform the Federal Minister for European and International Affairs of the fact that a notification has been made in accordance with paragraph 1 Z 2.

(4) In the matters referred to in paragraph 1 (1) (7), the Federal Minister for European and International Affairs shall be given the opportunity to comment and to act in agreement with him, in so far as obligations under international law or the foreign policy interests of the Republic of Austria.

(5) Without prejudice to the provisions of paragraphs 3 and 4, the Federal Minister for Economic Affairs, Family and Youth shall inform other Federal Ministers, provided that the scope of action of these Federal Ministers is affected if the tasks referred to in paragraphs 1 and 2 are fulfilled.

Representation in the Conference of the States Parties

§ 48. The Representation of Austria in the Conference of the States Parties in accordance with Art. VIII lit. B CWK and in the Executive Council in accordance with Art. VIII lit. C CWK is to be held by the Federal Minister for European and International Affairs in agreement with the Federal Minister for Economic Affairs, Family and Youth.

6. Main piece

General rules on restrictions

Section 1

Organizational security measures

Internal safeguards

§ 49. (1) Persons or companies involved in the production of or trade in goods or the design or transfer of software or technology or of technical assistance or other operations within the meaning of section 1 (1) (23) of the EC , appropriate organisational measures must be taken in order to avoid the possibility of operations which could be contrary to the approval criteria of the second main item. The choice of measures shall, in particular, be taken into account in the size and subject matter of the undertaking and the categories of goods concerned.

(2) Suitable measures within the meaning of paragraph 1 may in any case be:

1.

the appointment of one or more responsible commissioners within the meaning of § § 50 and 51;

2.

the existence of an internal code of conduct for the implementation of the operations referred to in paragraph 1;

3.

internal control systems to ensure the conscientious observance and enforcement of all relevant legislation for the operations referred to in paragraph 1 and of the legislation in Z 2 , and

4.

regular training and information on the legal requirements for their permissible implementation, the code of conduct referred to in Z 2 and the handling of those referred to in Z 3, of the persons involved in the procedures referred to in paragraph 1 above Control systems.

(3) Measures which have resulted in a certification according to § 37 shall, in any event, be considered sufficient during the unsuspended period of validity of the certificate.

Responsible officers

§ 50. (1) If this is necessary in order to ensure compliance with the approval criteria according to the second main piece, the Federal Minister for Economic Affairs, Family and Youth shall appoint persons or companies within the meaning of section 49 (1) to order one or more The responsibility for compliance with this Federal Act shall be borne by a number of responsible representatives, the person or those responsible for the entire company, or for certain premises or areas of the company that have been subject to objectively defined conditions. , including the regulations and regulations adopted on its basis, and the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a and b.

(2) Only natural persons can be appointed to responsible persons who are responsible for:

1.

all prerequisites according to § 9 (4) of the Administrative Criminal Law 1991 (VStG), BGBl. No 52/1991, and

2.

are to be regarded as reliable within the meaning of § 51 and

3.

a member of the board of directors, a managing director or a representative of a shareholder, or a different executive role in the company; and

4.

for the organisation, the selection and further training of personnel and the monitoring of compliance with the provisions of this Federal Act and of the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (lit). a and b are responsible.

(3) The appointment of a responsible officer in accordance with paragraph 1 shall be reported to the Federal Minister for Economic Affairs, Family and Youth immediately after the date of notification of the person referred to in paragraph 1 above.

(4) A person or company may also appoint one or more persons responsible for responsibility within the meaning of para. 1 and 2. In this case, the order shall be notified immediately to the Federal Minister for Economic Affairs, Family and Youth.

(5) The Federal Minister for Economic Affairs, the Family and Youth shall bear the dismise of a person appointed with a communication if that person does not comply with all the conditions laid down in paragraphs 1 and 2 or if circumstances arise subsequently, by means of which the person appointed shall be entitled to at least one of these conditions is no longer met.

(6) Provided that one or more responsible agents have been appointed in accordance with paragraph 1 or 4, they shall be responsible for compliance with the provisions referred to in paragraph 1 for the entire execution of operations within the meaning of section 49 (1). including customs clearance.

(7) If this is necessary in order to ensure compliance with the approval criteria in accordance with the second main piece, the processing of an application or a notification shall be subject to the appointment of a responsible officer within the meaning of paragraph 1. if such a person has not already been appointed in accordance with paragraph 1 or 4.

Assessment of reliability

§ 51. (1) A person shall not be considered to be reliable if:

1.

has been convicted by a court

a)

Due to violation of foreign trade law, weapon law, financial criminal provisions or provisions of the War Material Act (KMG), BGBl. No 540/1977, or the Explosives Act 2010 (SprG), BGBl. I No 121/2009, or

b)

because of a different one than the one in lit. a said criminal offence for a period of imprisonment exceeding three months, or a fine of more than 180 daily rates; or

2.

this one in one of those in Z 1 lit. a mentioned areas have been punished for an administrative surrender or a financial offence, provided that a fine of more than 726 euros or more has been imposed; in addition to a fine, a custodial sentence has been imposed, or

3.

this one in the one in Z 1 lit. (a) more than once because of an administrative surrender or a financial loss to a lesser than that referred to in Z 2 sentence, or

4.

because of other circumstances, there is a reasonable assumption that it is not ready or able to continue to take responsibility for further compliance with the provisions referred to in Article 50 (2) (4) (4).

(2) In order to assess the reliability referred to in paragraph 1 (1) (1) only convictions which are neither satisfied nor the restriction of the information from the criminal record according to § 6 of the Act of Eradication in 1972, Federal Law Gazette (BGBl) may be used. No. 68. The penalties referred to in paragraph 1 (1) (2) and (3) may be used only if less than five years have passed since the punishment.

(3) (1) and (2) shall apply even if, in the case of the exclusion reasons mentioned above, similar facts have been achieved abroad.

Section 2

Applications and notifications

Form and content of applications and notifications

§ 52. (1) Applications or notifications pursuant to this Federal Act or pursuant to the directly applicable law of the European Union shall be submitted in writing, using the forms to be listed in the official form.

(2) The application or notification shall contain all the information necessary for the assessment of the operation or activity for which the application is made or for which the notification is filed. Appropriate evidence shall be attached.

(3) Where an application for authorisation is made for an operation which has already been received on the basis of a preliminary request in accordance with Section 62, it shall be pointed out and it shall be specified whether and which data on the transaction are to be submitted to the application, that was basically the subject of the preliminary question.

Electronic application

§ 53. (1) Applications and notifications pursuant to § 52 shall be submitted by means of electronic media, insofar as this is reasonable and the technical conditions for this are available and functional for the applicant as well as with the authority.

(2) Any person who applies applications and notifications in a form referred to in paragraph 1 shall, in any event, appoint one or more responsible officers within the meaning of § 50, and it is demonstrably safe to ensure that one of these persons is responsible for the Responsibility within the meaning of Section 50 (6) for the application or notification shall be given.

(3) In the case of electronically submitted applications and notifications, all documents required for this purpose shall be enclosed in copy. The originals shall be kept in accordance with § 65 and shall be kept ready for submission or inspection at the present time. At the request of the Federal Minister for Economic Affairs, Family and Youth, these originals shall be transmitted to or submitted to him without delay.

Section 3

Secondary provisions and other provisions

Requirements

§ 54. (1) The granting of an authorisation pursuant to this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a or b shall be subject to conditions where this is necessary in order to comply with the approval criteria in accordance with the second main item.

(2) In accordance with the conditions laid down in paragraph 1, it may in particular be required that

1.

a product may only be delivered to persons who have a valid permit to trade in those goods; or

2.

a product has a label defined by national or international regulations; or

3.

proof that the good has actually arrived at the designated recipient in the country of destination, or

4.

The Federal Minister for Economic Affairs, the Family and Youth is to be informed of an intended transfer of the good to another recipient.

Export restrictions of other EU countries

§ 55. (1) Persons or companies applying for an export for goods which they have received under a transfer permit issued by another EU Member State in the export restrictions on which they have been informed have been determined inform the Federal Minister for Economic Affairs, the Family and Youth about this and to prove in their request that all such restrictions have been complied with. If the consent of the other EU Member State has been requested for export, it shall be submitted.

(2) If the requested export of a good would be contrary to one or more export restrictions in one or more movement authorisations of other EU Member States, the application may, after consultation pursuant to § 68, be subject to the application of the application EU Member States will only be granted if:

1.

the reasons for the export restrictions concerned no longer exist and

2.

all the criteria according to the second main item are met.

Other requirements for authorisations and import certificates

§ 56. (1) Authorisations and import certificates shall be limited in time.

(2) Authorisations and import certificates shall not be transferable.

Revocation and subsequent conditions

§ 57. (1) Approval notices relating to operations for which a prohibition pursuant to this Federal Act, pursuant to a Regulation adopted on its basis or under the directly applicable law of the European Union, shall be prohibited after the date of the application of the Code. Union within the meaning of Section 1 (1) (c) 24 lit. a or b shall enter into force, shall be deemed to be revoked by the end of the day of the bargain of this prohibition or with its entry into force, if it is later, by law, insofar as they are affected by this prohibition.

(2) In cases other than those referred to in paragraph 1, at least one of the conditions for the granting of an authorisation pursuant to this Federal Act or under the direct applicable law of the European Union within the meaning of Article 1 (1) (24) of the Law of the European Union lit. a or b or retrospection of an import certificate is no longer given retrospection and extends the presentation of certain conditions in accordance with Section 54 in order to ensure compliance with all the conditions, the Federal Minister for Economy, family and youth to prescribe these conditions with notice. Otherwise, it shall have the authorisation or the import certificate revoked.

(3) Certificates or import certificates affected by a revocation pursuant to paragraph 1 or 2 shall be sent back immediately to the Federal Minister for Economic Affairs, Family and Youth.

(4) The Federal Minister for Economic Affairs, Family and Youth shall immediately notify the Federal Minister of Finance of any communication pursuant to paragraph 2, provided that the Federal Minister for Finance relates to an import, export or import certificate. This understanding shall have all the data necessary for the control by the customs authorities of the operation affected by the withdrawal, concerning the exporter, the goods concerned, the country of destination, the intended recipient and the intended purpose of the to contain transport routes.

(5) Where danger is in default, because goods have been withdrawn in the course of an operation whose approval has been revoked in accordance with paragraph 2 above,

1.

enter a third country in which there is an armed conflict with another State in an armed conflict or where serious and repeated violations of human rights are perpetrated or where the conflict in the armed conflict is terrorist activities, and

2.

, the Federal Minister for Economic Affairs, Family and Youth shall immediately inform the Federal Minister of Finance of these circumstances, following the instructions given to the customs authorities, for the purpose of the application referred to in Sections 5 to 8 and 10 of this Regulation. to communicate the necessary data to the exporter, to the goods concerned, to the country of destination, to the intended recipient and to the transport routes provided for. The customs authorities have to seize these goods.

Delivery in special cases

§ 58. If an exporter pursuant to Section 1 (1) (1) (12) or a person in transit pursuant to Section 1 (1) (1) (14) cannot be reached in good time in urgent cases, notices and communications may be made under this Federal Act, including the its basis, regulations adopted on its basis and, under the direct applicable law of the European Union, are also effectively delivered to persons who actually carry out the transport.

Registration and reporting requirements for general authorisations

§ 59. (1) General authorisations within the meaning of Section 1 (1) Z 26 may only be used by persons or companies registered in accordance with the following paragraphs.

(2) The Federal Minister for Economic Affairs, Family and Youth shall have registers of all persons and companies which take advantage of general authorisations within the meaning of Article 1 (1) (1) (26) of the Federal Republic of Germany. A register of general authorisations according to § 1 para. 1 Z 26 lit is here. a and b and a register of general authorisations within the meaning of § 1 paragraph 1 Z 26 lit. c.

(3) In respect of each registered person or company, the registers referred to in paragraph 2 shall contain the following data:

1.

name or company name and residence or registered office;

2.

the name and address of the responsible person or persons responsible; and

3.

the data of the periodic reports referred to in paragraph 9.

(4) The registers shall not be public. Information from these registers may only be provided for the purpose of checking compliance with the provisions of this Federal Act and the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. (a) and b shall be sent to the authorities responsible for it.

(5) For the purpose of registration, the Federal Minister of Economy, Family and Youth shall be notified of the intention to use general authorisations within the meaning of Section 1 (1) (1) (26) prior to the implementation of the first procedure. It shall also specify exactly which of the types of general authorisations referred to in Article 1 (1) (1) (1) (26) are to be used. In this report, it is also possible to prove that a responsible officer has been appointed, which corresponds to all the requirements in accordance with § § 50 and 51.

(6) Except in the cases referred to in paragraphs 7 and 8, the applicant shall be entered in the register within ten working days and shall be notified of the registration.

(7) If the applicant has lost the right to use general authorisations in accordance with Section 60 (1) and if the relevant conviction is not yet satisfied, the registration shall be refused within ten working days.

(8) If no responsible officer has been appointed by the applicant, the registration in accordance with paragraph 6 shall only be carried out within ten working days of the notification of the appointment of such a responsible officer. For the purposes of this provision, a responsible officer shall be deemed not to have been appointed if his dismise was applied with a communication pursuant to § 50 (5).

(9) Insofar as this is provided by directly applicable law of the European Union within the meaning of § 1 para. 1 Z 24 lit. a) The Federal Minister for Economic Affairs, Family and Youth with a Regulation shall have periodic reporting obligations relating to operations carried out within the framework of general authorisations of the EU or of a Member State of the European Union, or national general authorisation, provided that they are necessary to ensure compliance with the approval criteria of the second main item and the relevant provisions of the European Union. Such a Regulation may, in particular, lay down:

1.

the aggregated data on the operations carried out over a given period, which may require an outline of the type of general authorisation used and of the categories of goods and beneficiaries concerned;

2.

the period of time to which the notifications relate; and

3.

the data to which the notifications are to be submitted.

Loss and temporary suspension of the right to use general authorisations

§ 60. (1) A person or company loses the right to use general authorisations if it is due to the violation of § 177a of the Criminal Code (StGB), BGBl. No 60/1974, the provisions of this Federal Law, as well as the earlier federal laws which are replaced by this Federal Law, or for violation of the provisions of the directly applicable law of the European Union within the meaning of Article 1 (1) (1) of the Act of the European Union Z 24 lit. a or b has been finally sentenced to a court sentence. In the case of companies, a conviction in accordance with the law on the responsibility of the association is BGBl. I No 151/2005. General authorisations may not be re-used until the relevant convictions are repaid.

(2) Persons or companies which have lost the right to use general authorisations shall be deleted from the registers in accordance with § 59, in which they are registered.

(3) The right to use general authorisations is temporarily suspended, for as long as no responsible officer is appointed, who is subject to all conditions in § § 50 and 51.

(4) A right laid down in accordance with paragraph 3 of this Article lives up again as soon as a suitable responsible officer has been appointed. This is to be confirmed upon request.

(5) The suspension in accordance with paragraph 3 shall be noted in the registers according to § 59. This note shall be deleted immediately at the end of the suspension referred to in paragraph 4.

Register of mediation activities

§ 61. (1) The Federal Minister for Economic Affairs, the Family and Youth shall hold a non-public register of all persons and companies which shall have a permit for mediation between third countries in accordance with this Federal Act or in accordance with The applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a have received.

(2) The register shall contain the information referred to in § 65 (2) (1) to (7) and (3) and the date of the approval certificate and the conditions in the register for each conciliation procedure, as far as they have been issued.

(3) The Federal Minister for Economic Affairs, Family and Youth shall keep the data referred to in paragraph 2 at least ten calendar years from the date of the approval certificate.

(4) The data according to paragraph 2 may be passed on exclusively for the purposes of the enforcement of this federal law and the commercial order as well as for the purposes of a federal tax, customs, criminal or financial criminal proceedings to the authorities responsible for this.

Section 4

Advance Questions

Advance Question

§ 62. (1) The Federal Minister for Economic Affairs, the Family and Youth shall, on request, determine the procedure for the conclusion of a legal transaction relevant to foreign trade, in accordance with the provisions of this Federal Act, in accordance with the provisions of this Federal Law, Regulations adopted or on the basis of directly applicable law of the European Union within the meaning of Section 1 (1) (1) (24) (lit). a or b is to be decided.

(2) An application in accordance with paragraph 1 shall contain the particulars and evidence within the meaning of section 52 (2), the submission of which may be presumed even before the planned conclusion of the contract and which provides sufficient assessment of the operation with regard to the relevant Legislation as defined in paragraph 1, including the approval criteria of the second main item. The Federal Minister for Economic Affairs, the Family and the Youth has to lay down detailed rules for this information and evidence.

(3) It should be noted that either:

1.

the operation is not subject to any prohibition or authorisation pursuant to the provisions referred to in paragraph 1; or

2.

is subject to a prohibition on the basis of the provisions referred to in paragraph 1; or

3.

is subject to an authorisation requirement on the basis of the provisions referred to in paragraph 1; and

a)

authorisation may be granted,

b)

authorisation may only be granted subject to certain conditions to be specified in the notice of determination, or

c)

the granting of authorisation shall be refused.

7. Main piece

Monitoring

Section 1

General control provisions

General control measures

§ 63. (1) In order to monitor compliance with the provisions of this Federal Act, the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (lit). a and b and the obligations under international law referred to in § 4 may require the Federal Minister for Economic Affairs, the Family and Youth to request reports and evidence at any time and to set a reasonable time limit for their submission and, where an effective Control in other ways cannot be carried out, and in the case of the interested parties, it is possible to carry out book and storage inspection by appropriate experts. If the party concerned is in breach of prohibitions, approval or reporting obligations under this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. (a) or (b), they shall bear the costs of the procedure, including the monitoring.

(2) The Federal Minister for Economic Affairs, Family and Youth may, within the framework of the monitoring activities referred to in paragraph 1, in particular:

1.

enter the facilities and means of transport to be checked,

2.

to obtain the necessary data and information,

3.

to consult the staff of the institution and persons involved in the transport of goods,

4.

to submit documents and records, to inspect them and to make copies thereof,

5.

Make photographs of the facilities, means of transport and objects to be inspected,

6.

Sampling and analysing samples and

7.

call for the adoption of certain operations, provided that the effort required and the costs incurred by the undertaking are proportionate to the monitoring objective.

(3) If surveillance activities are to be carried out at the premises of a holding or any other facility, the owner of the establishment or the farmer shall be entitled, at least one week prior to the taking of such acts, to the effect that: in order to verify compliance with the provisions of the external trade legislation.

(4) An agreement in accordance with paragraph 3 can only be maintained if there is reason to believe that there may be a violation of the provisions referred to in paragraph 1 above. In this case, the owner of the establishment, the farmer or a representative of such persons shall be notified without delay upon entering the facility or the establishment. If the risk is in default and neither the owner nor the farmer nor a representative of these persons can be reached, then a subsequent communication is sufficient. The communication shall indicate the reasons which led to the adoption of a breach of the law.

(5) In the case of surveillance activities within the meaning of the preceding Paragraphs are a disruption of business operations and any stipend as far as possible to avoid.

(6) In so far as this is necessary for the enforcement of the provisions referred to in paragraph 1, the persons referred to in paragraph 3 and 4 shall enter into the institutions referred to in paragraph 1 the entry, opening and inspection of the land, buildings, containers and Means of transport. In addition, the persons mentioned shall provide the necessary information, provide necessary documents and, if necessary, provide an insight into the records of the stock of stocks and other records and, if necessary, to provide information on the records and other records. Calls by the Federal Minister for Economic Affairs, Family and Youth to comply with the powers laid down in paragraphs 1 and 2 of this Article.

(7) A transcript within the meaning of § § 14 and 15 of the General Administrative Procedure Act 1991 (AVG), BGBl, is a transcript for each monitoring act in accordance with paragraphs 1 to 6 of this article. No 51/1991.

Cooperation with the Federal Minister for Finance

§ 64. (1) At the request of the Federal Minister for Economic Affairs, Family and Youth, the Federal Minister for Finance has the power to inform the customs authorities of the nature, nature, quantity, value, origin, origin and origin of the data which he has obtained in connection with the activities of the Federal Minister for Finance. and the determination of goods and data relating to persons and companies directly or indirectly involved in the movement of goods, provided that they are used for the purpose of monitoring, the law of the European Union or directly applicable to the European Union Union within the meaning of Section 1 (1) (c) 24 lit. a and b are required. The data disclosed may be used exclusively for the purposes of monitoring the operations referred to above.

(2) The Federal Minister for Economic Affairs, Family and Youth may ask the Federal Minister of Finance to carry out in his sphere of action investigations into all circumstances which are necessary for the compliance with the provisions of this Federal Law, the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. (a) and (b) and the obligations under international law referred to in paragraph 4 of this Article shall be or have been These investigations are subject to § § 24 and 25 of the Customs R-DG, BGBl. No 659/1994, with the proviso that the reviews are not restricted to the group of persons in Section 23 (1) of the Customs R-DG.

(3) The results obtained from the reviews pursuant to paragraph 2 may only be used for the purposes of the enforcement of this federal law, except for the purposes of enforcement of the legislation in the sphere of action of the Federal Minister of Finance.

(4) Where there is a doubt in the case of customs clearance, whether an operation of a notification obligation, an authorisation requirement or a prohibition pursuant to this Federal Act or on the basis of the directly applicable law of the European Union pursuant to § 1 1 Z 24 lit. a or b, the Federal Minister of Finance is authorized to communicate to the Federal Minister for Economic Affairs, Family and Youth and to request the forwarding of further data on this process. The Federal Minister for Economic Affairs, the Family and Youth is authorized to submit all necessary data to the Federal Minister of Finance.

Recording and retention obligations

§ 65. (1) Anyone who initiates an operation that is subject to an authorisation requirement or a reporting obligation pursuant to this Federal Act or under the direct applicable law of the European Union within the meaning of § 1 paragraph 1 Z 24 lit. a or b is subject to or for which an import certificate has been issued, shall keep records of that.

(2) Records referred to in paragraph 1 shall include, in particular, commercial documents such as invoices, cargo directories, transport or other transit documents, on the basis of which the following may be established:

1.

the name of the goods, including the necessary technical specifications, or the exact name and form of technical assistance;

2.

the quantity and value of these goods,

3.

in the case of transactions subject to authorisation, the precise data on which the operations or operations concerned have been carried out,

4.

the name and address of all responsible persons or companies;

5.

the contracting party or parties,

6.

the recipient of the goods,

7.

the end-use and end-users, where they were known or had to be known, and

8.

Evidence that the information referred to in § 34 as well as information that is mandatory under the direct applicable law of the European Union has been passed on to the recipients.

(3) In addition, records relating to exchanges between third countries shall contain:

1.

information on the location in which the goods are located in the third country,

2.

all persons or companies involved in the mediation, and

3.

details of the final user of the goods, including their exact location.

(4) The parties concerned shall keep the documents referred to in paragraph 1 for at least five years for the purpose of control in accordance with § 63. The time limit for storage shall begin to run at the end of the calendar year in which the operation has been terminated in accordance with paragraph 1.

Section 2

Special provisions in accordance with the CWC

Special provisions for review in accordance with the CWC

§ 66. (1) In the case of verifications carried out on the orders of the OPCW in accordance with the provisions of the CWC, the OPCW inspectors shall, within the scope of their examination mandate, be granted the powers referred to in § 63, and they shall be in charge of the duties referred to in Article 63 (6). said obligations.

(2) The Federal Minister for Economic Affairs, Family and Youth has the initiation of verifications by the OPCW in accordance with Art. IX and Annex II CWK immediately to the Federal Minister for European and International Affairs and to all other members of the Federal Government affected in their sphere of action.

(3) If military interests are concerned, the Federal Minister for National Defence and Sport may be affected by security policy interests, the Federal Minister of the Interior shall send one or more representatives to participate in the review.

(4) The Federal Minister for Economic Affairs, the Family and Youth has, in the case of verifications according to paragraph 1, for compliance with the provisions of the CWC, in particular parts II, III, VI lit. E, VII lit. B, VIII lit. B and IX lit. B and C of the Verification Annex and of the provisions of the Confidentiality Annex and of the provisions of this Federal Law shall ensure. During the whole period of the review, at least one representative of the Federal Minister for Economic Affairs, Family and Youth has to be present.

Section 3

International monitoring and consultation rules

Consultation procedures between EU Member States

§ 67. (1) If the Federal Minister for Economic Affairs, Family and Youth rejects a request for exports, transit or broking of goods between third countries, he has to provide detailed information to all other EU Member States and gives them the reasons for the Refusal of authorisation to disclose.

(2) An authorisation shall be deemed to have been refused if a requested operation has been refused which would otherwise have been effected.

(3) Before an authorisation for an export, transit or mediation between third countries pursuant to the directly applicable law of the European Union within the meaning of Article 1 (1) (c) (24) (lit). (a) or pursuant to § 14 (1) or (15) or of a regulation pursuant to section 14 (2) in a case in which, within the last three years, one or more other EU Member States have essentially the same for a similar If an authorisation has been refused, the Federal Minister for Economic Affairs, the Family and Youth, if he is aware of this refusal, has to consult the other EU Member State or other EU Member States concerned.

(4) The Federal Minister for Economic Affairs, Family and Youth decides, after the consultations provided for in paragraph 3, to issue the authorisation, he shall inform the other EU Member States concerned and explain his reasons in detail.

Consultation procedure on export restrictions in movement permits

§ 68. (1) The Federal Minister for Economic Affairs, Family and Youth has to inform all other EU Member States of export restrictions in general authorisations pursuant to § 28 as well as in the case of charges in accordance with § § 30 and 31 of the German Federal Republic of Germany. It has the following data to be sent to the other EU Member States:

1.

the goods concerned or categories of goods concerned,

2.

those third countries which are affected by the restriction,

3.

the recipients or categories of recipients affected by the restriction; and

4.

in the case of regulations in accordance with § 28 thereof, and in the case of acts in accordance with Sections 30 and 31 of the Regulations, the addressees and the EU Member States and the recipients or groups of recipients for which the Movement authorisation has been granted.

(2) Provided that the Federal Minister for Economic Affairs, Family and Youth, together with a request for export or transit authorisation, is announced pursuant to Section 55 (1) that:

1.

another EU Member State has set an export restriction for the transaction requested; and

2.

it has been shown that it has been requested to obtain the consent of this EU Member State for the requested operation, but it has not been able to

the Federal Minister for Economic Affairs, the Family and Youth, in so far as he considers that the process could be approved under the approval criteria of the second main item, at least under conditions, immediately in to enter into consultations with the other EU Member State concerned.

(3) The Federal Minister for Economic Affairs, the Family and Youth is authorized to submit the following data to the other EU Member State in consultations pursuant to paragraph 2:

1.

the name and place of residence, residence, seat or establishment of the applicant;

2.

the goods or categories of goods concerned,

3.

the third country in which the export is to be carried out; and

4.

the recipient and, where known, the end user in the third country.

Exchange of information with regard to certified companies

§ 69. (1) The Federal Minister for Economic Affairs, the Family and Youth shall forward to the European Commission and all the Member States a list of all companies certified in accordance with the second section of the third main piece and shall inform them of any changes to these The list shall be notified at regular intervals.

(2) Provided that the Federal Minister for Economic Affairs, Family and Youth has reason to believe that a certified company in another EU Member State no longer meets the relevant requirements for certification and therefore the risk If it is possible for exports which are contrary to the approval criteria in accordance with the second main item to be made, it shall notify the Member State concerned without delay.

International traffic

§ 70. (1) The Federal Minister for Economic Affairs, Family and Youth can

1.

Data from proceedings and proceedings pursuant to this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (lit). a and b, with which an authorisation is granted, a request for authorisation is rejected or a ban is issued; and

2.

Data relating to the suspicion of an operation by which a good may arrive at one of the uses referred to in § § 5 to 8 and 10 to a consignee which is contrary to the approval criteria referred to in the second paragraph of this Article. the main piece could be used

, to the institutions and Member States of the European Union, as well as to other States, international organisations and other intergovernmental bodies, provided that this is required under international law obligations as defined in § 4 or to secure international disarmament, arms control and control of the transport of defence-related products and other goods which are suitable for use in accordance with § 5. In the case of overviews, the confidential treatment of personal data by the consignee shall not give rise to any doubt.

(2) The Federal Minister for Economic Affairs, the Family and Youth has annual data on exports, transit and transfers of goods between third countries, which are due to § § 14 and the German Federal Minister for Economic Affairs, 15 of an authorisation requirement, as well as the implementation of relevant provisions of the law of the European Union within the framework of this Federal Law, in order to ensure that they are subject to the reporting obligations under the provisions of the law of the European Union.

General provisions for international data traffic

§ 71. (1) The traffic in accordance with § § 67 to 70 shall be in accordance with the Federal Minister for European and International Affairs, in so far as it touches on international law or foreign policy issues.

(2) The data traffic according to § § 67 to 70 can be carried out entirely in electronic form.

(3) All information concerning refused authorisations of other EU Member States and on consultations pursuant to § § 67 to 69 shall be treated as confidential.

8. Main piece

Additional provisions on economic restrictions of the European Union

Liberation provisions

§ 72. The Federal Minister for Economic Affairs, the Family and Youth has a regulation in certain cases, for the restrictions on the import or export of goods under the direct applicable law of the European Union within the meaning of Article 1 (1) (c) 24 lit. (c) to establish limits on the value or quantity under which import or export is not subject to a restriction if the directly applicable law of the European Union does not preclude the protection of the interests of the interests of the interests of the interests of the European Union , to which the restriction serves.

Global Approvals

§ 73. The Federal Minister for Economic Affairs, the Family and Youth has authorisations on the basis of the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. c shall be granted in the form of temporary global authorisations where this is

1.

is in the interest of administrative simplification and cost savings, and

2.

it is not to be feared that the objectives of the relevant European Union rules should be affected.

Requirements

§ 74. The granting of authorisations on the basis of the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (lit). (c) shall be subject to conditions where this is expressly provided for in the relevant legislation or where it is permissible under such legislation and is necessary to achieve the purpose of the permit requirement.

Applications

§ 75. For applications for the granting of authorisations under the direct applicable law of the European Union within the meaning of Article 1 (1) (c) 24 lit. c are § § 52 and 53 (1) and (3).

Control provisions

§ 76. (1) For the control of operations which are subject to an authorisation or reporting obligation under the direct applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (24) (a). c are subject to the control provisions of § § 63 (1) and (7) and 64 (1) to (4). Section 65 (4) must be applied with the proviso that the retention period shall be three years.

(2) Where there is a corresponding obligation under the law of the European Union, the Federal Minister for Economic Affairs, Family and Youth is empowered to carry out the following data in electronic form for the control of operations within the meaning of para. 1 Form to the institutions of the European Union and to the other EU Member States and to the third countries affected by the restrictions:

1.

Data on quantities and prices of goods imported or exported, and

2.

Data on the extent of the exploitation of quotas.

9. Main piece

Cooperating with the main committee of the National Council and with other federal ministers

Special provisions for the release of regulations

§ 77. (1) The release and cancellation of regulations in accordance with § § 14 (2) and (3), 18 (2), 31 (2) and 33 (5) requires the approval of the Main Committee of the National Council. This consent shall be deemed to have been granted if the Main Committee of the National Council does not notify within one month of receipt of the request that consent is to be refused. If the National Council is not gathered when the application is received, this period shall be extended to two months.

(2) Regulations pursuant to § § 14 (2) and (3), 18 (2), (25) and (72) shall be adopted in agreement with the Federal Minister of Finance, in so far as customs law provisions are concerned.

(3) Regulations pursuant to § § 14 (2) and (3), 18 (2) and (25) shall be adopted in agreement with the Federal Minister for European and International Affairs, in so far as the obligations under international law or foreign policy interests of the Republic of Austria.

Referral of other Federal Ministers and the establishment of an advisory council

§ 78. (1) In the event of an examination of the conditions for the authorisation of a Regulation or of a notification, or for the issuing of an import certificate pursuant to this Federal Act or under the direct applicable law of the European Union Questions relating to the scope of action of another Federal Minister are to be given to the Federal Minister concerned the opportunity to comment on these issues within a reasonable period of time.

(2) Without prejudice to paragraph 1, an advisory council shall be established at the Federal Ministry for Economic Affairs, Family and Youth for the advice of the Federal Minister for Economic Affairs, Family and Youth. It may be submitted to him all fundamental matters relating to the enforcement of this Federal Law and of the directly applicable law of the European Union, provided that this is appropriate in view of the particular importance of the subject matter. appears.

(3) Members of the Advisory Board shall be:

1.

Two representatives of the Federal Ministry for Economic Affairs, Family and Youth, one representative of the Federal Ministries for European and International Affairs, for Finance, for Home Affairs, for National Defence and Sport, for Land and Forestry, the environment and water management, as well as transport, innovation and technology, and

2.

one representative of the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Conference of Presidents of the Austrian Chambers of Agriculture and the Austrian Trade Union Confederation and the Association of Austrian Industrialists and

3.

a representative of the countries.

(4) Replacement members shall be appointed for each member of the Advisory Board.

(5) The members referred to in paragraph 3 (3) (2) (substitute members) shall, on a proposal from the sending interest group, the member referred to in paragraph 3 (3) (3) (substitute member), on a proposal by the provincial capitals, by the Federal Minister for Economic Affairs, the Family and youth.

(6) The members (substitute members) of the Advisory Board pursuant to Section 3 (3) (2) and (3) shall perform their function on a voluntary basis.

(7) The members (substitute members) of the Advisory Board and any experts who may be employed may, for the duration of their duration, be subject to official, commercial or industrial secrets entrusted to them in this capacity or accessible to them. Order and also after the erasing of your function will not be disclosed or used. They are, in so far as they are not official representatives, obliged by the Federal Minister for Economic Affairs, Family and Youth to fulfil their obligations in a conscientious manner.

(8) The Federal Minister for Economic Affairs, the Family and Youth, who can be represented by a staff member of his ministry, is chaired by the Advisory Council. The shops of the advisory board are run by the Federal Ministry for Economic Affairs, Family and Youth.

(9) The advisory activity of the Advisory Board requires the presence of at least half of the members. However, should the necessary number of Members not be present at the beginning of the sitting, the Advisory Council shall reconvene one hour after the date set out in the invitations, and shall have the agenda without regard to the number of members. present representatives.

10. Main piece

Criminal provisions and accompanying civil provisions

Section 1

Judicial acts of criminal law

Judicial offences in the traffic with third countries

§ 79. (1) Who

1.

contrary to a prohibition pursuant to this Federal Act, in accordance with a regulation adopted on its basis or on the basis of the directly applicable law of the European Union within the meaning of Article 1 (1) (c) (24) lit. a or b introduces, carries out, carries out or mediates between third countries, provides technical assistance, or performs any other operation,

2.

in accordance with this Federal Act, in accordance with a regulation adopted on its basis or by a decision adopted on its basis or under the direct applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (lit). a or b introduces, carries out, carries out, carries out or mediates between third countries, provides technical assistance or carries out any other operation,

3.

an authorisation within the meaning of Z 2 by incorrect or incomplete information is very difficult,

4.

an authorisation certificate as defined in Z 2 for use by a non-authorised person shall be handed over or transferred free of charge,

5.

Goods for which the export, transit or placement of goods between third countries has been granted a permit within the meaning of Z 2, after the customs official has been issued in a manner other than that in which: the authorisation of the country of destination referred to in this Federal Law, on the basis of a regulation adopted on the basis of this Federal Law, or of a decision adopted on the basis of that law, or based on the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. (a) or (b) is prohibited or subject to authorisation;

6.

In order to circumvent an authorisation requirement in the sense of Z 2 or a prohibition in the sense of Z 1 goods first spends into another EU Member State or into a third country , in order to subsequently transfer it to another third country or to have it forwarded to another third country for which an authorisation requirement or a prohibition pursuant to this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a or b

7.

for the operations referred to in Z 2, by means of incorrect or incomplete information, the granting of a global authorisation in accordance with § 17 shall be made difficult,

8.

a general authorisation within the meaning of Section 1 (1) (c) 26 lit. a or b for the export, transit or mediation between third countries of dual-use goods contrary to the provisions of this Federal Law, a Regulation adopted on its basis or by virtue of direct The applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. a used

9.

uses a general authorisation within the meaning of Z 8, even though it has lost the right to do so in accordance with Section 60 (1) or is subject to this right in accordance with Section 60 (3),

10.

is in breach of an obligation to approve a letter of approval within the meaning of Z 2;

11.

the application of an obligation under an authorisation certificate within the meaning of Z 2 is held up by incorrect or incomplete information,

12.

carrying out the export of goods from the European Union, contrary to an export restriction imposed in accordance with Article 32 (2), without having received Austria's consent in accordance with Section 35,

13.

by ominating the information in accordance with Section 55 (1), the granting of an export authorisation or the prewriting of a requirement in the export licence certificate ,

14.

the revocation referred to in § 57 of an authorisation within the meaning of Z 2 or the amortiation of a subsequent edition in accordance with § 57 in such a permit shall be held by incorrect or incomplete information,

15.

a permit within the meaning of Z 2 shall continue to be used against a revocation in accordance with Section 57;

16.

carry out an operation in accordance with Article 15 (1) after notification of the existence of the permit requirement without authorisation,

17.

carried out before the expiry of any of the periods referred to in Article 19 (6), a notified operation in accordance with section 19,

18.

by violation of a regulation pursuant to § 19 para. 1 iVm § 25, in a regulation pursuant to section 19 (2) or (3) or on the basis of directly applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (lit). a or b, or by violation of the obligation to provide proof in a regulation pursuant to section 19 (5), the advance of an authorisation requirement in accordance with section 19 (7) or a notice on the existence of an obligation to notify the obligation to permit approval pursuant to Article 15 (1) of this Directive,

19.

carry out or execute goods contrary to a notice of submission in accordance with Section 20 (3) Z 2;

20.

the release of a notice of failure pursuant to section 20 (3) Z 2 shall be held by inaccurate or incomplete information,

21.

in the case of incorrect or incomplete information, on the basis of a preliminary inquiry pursuant to § 62 concerning the failure to pass a ban or an obligation to authorise imports, export, transit, mediation between third countries, for technical assistance or other operations, or the fact that such an operation may be approved or that a requirement is not to be prescribable,

22.

Goods from the European Union without the export authorisation required for the operation under the law of the EU Member State from which the export takes place,

23.

an authorisation requirement for or a ban on technical assistance by providing that this technical assistance within the territory of the Federal Republic of Germany is provided to persons who subsequently have this technical knowledge outside the European Union; to exploit or to pass on, or

24.

a ban within the meaning of Z 1 or an authorisation requirement within the meaning of Z 2 by transferring rights to the production of goods in a third country or intellectual property rights for recovery in a third country,

is to be punished by the court with imprisonment of up to three years.

(2) Anyone who has one of the acts threatened with punishment in paragraph 1

1.

commercial, or

2.

by deception of facts under the use of a false or falsified document, false or falsified data, any other such evidence, or an incorrect measuring instrument

is to be punished by the court with a term of imprisonment of six months to five years.

(3) Those who negligently commit any of the acts referred to in paragraphs 1, Z 1, 2, 4, 8, 9, 10, 12, 15, 16, 17 or 19 shall be punished with imprisonment of up to one year or a fine of up to 360 days ' rates.

Criminal offences committed in the course of the European Union

§ 80. (1) Who

1.

Goods within the European Union without a regulation adopted pursuant to this Federal Act, in accordance with a regulation adopted on its basis or on the basis of a decision adopted on its basis or on the basis of the law of the European Union directly applicable to the European Union within the meaning of Section 1 (1) (c) 24 lit. a required authorisation or without the authorisation of another EU Member State pursuant to § 33;

2.

authorisation for the movement of goods within the European Union within the meaning of Z 1 by means of incorrect or incomplete information is very difficult,

3.

an authorisation certificate as defined in Z 1 for use by a non-authorised person shall be handed over or transferred free of charge,

4.

in order to circumvent an authorisation requirement in the sense of Z 1 goods first to another EU Member State, in order to subsequently transfer them to another EU Member State in respect of which an authorisation requirement pursuant to this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Article 1 (1) (c) (24) (lit). (a)

5.

for the operations referred to in Z 1, by means of inaccurate or incomplete information, the granting of a global authorisation in accordance with § 30 shall be made difficult,

6.

a global authorisation, contrary to Article 30 (3), is used;

7.

for the operations referred to in Z 1, a general authorisation within the meaning of Article 1 (1) (1) (24) (lit). c shall be used in accordance with the provisions of this Federal Act or of a Regulation adopted on its basis;

8.

uses a general authorisation within the meaning of Z 7, even though it has lost the right to do so in accordance with Section 60 (1) or is subject to this right in accordance with Section 60 (3),

9.

a general authorisation within the meaning of Z 7 is used against a company in respect of which the application of this general authorisation is suspended in accordance with section 29 (2) is,

10.

is in breach of a requirement in an authorisation certificate as defined in Z 1;

11.

the application of an obligation under an authorisation certificate for the purposes of Z 1 shall be maintained by inaccurate or incomplete information,

12.

the revocation referred to in § 57 of an authorisation within the meaning of Z 1 or the amortiation of a subsequent edition in accordance with Section 57 in such a permit shall be held by incorrect or incomplete information,

13.

a permit within the meaning of Z 1 shall continue to be used against a revocation pursuant to Section 57;

14.

is in breach of a requirement in an authorisation decision of another EU Member State in accordance with Section 33;

15.

, by omission of a notification pursuant to section 33 (3), the advance of an authorisation requirement pursuant to section 33 (2) is held,

16.

carry out a shipment within the European Union before the expiry of the time limits referred to in Article 33 (2) and (4); or

17.

an assent of consent in accordance with § 35 may be made difficult by incorrect or incomplete information,

18.

in the case of incorrect or incomplete information, a decision based on a preliminary request pursuant to § 62 on the failure to pass an authorisation requirement for a shipment within the European Union or on the fact that such an operation is or that a requirement is not to be prescribable,

is to be punished by the court with imprisonment of up to two years.

(2) Likewise, it should be punished who

1.

by inaccurate or incomplete information

a)

the release of a certificate of certification pursuant to § 37 is made difficult,

b)

the extension of the period of validity of such a sign pursuant to section 38 (2) or (3) is made difficult or

c)

the establishment of a requirement in such a communication, or

2.

a review in accordance with § 39 by incorrect or incomplete information or by omission of a notification in accordance with § 37 (2) (2) (2) or § 39 (1)),

3.

in the case of incorrect or incomplete information, an acknowledgement of confirmation pursuant to section 39 (3) is made difficult or the amordition of a condition in such a communication is maintained, or

4.

a notice of revocation or suspension of a certificate pursuant to § 40 by incorrect or incomplete information or by omission of a notification in accordance with § 37 (2) (2) (2) or (39) (1).

(3) Anyone who has one of the acts threatened with punishment in paragraphs 1 and 2

1.

commercial, or

2.

by deception of facts under the use of a false or falsified document, false or falsified data, or any other such evidence or evidence, or incorrect measuring device

is to be punished by the court with imprisonment of up to three years.

(4) Anyone who negligently deals with one of the acts referred to in paragraphs 1, Z 1, 3, 6, 7, 8, 9, 10, 13, 14 or 16 shall be punished with imprisonment of up to six months or a fine of up to 180 daily rates.

Judicial offences relating to chemicals and goods subject to the BTK

§ 81. (1) Who

1.

shall be contrary to a prohibition in accordance with Section 41;

2.

an activity referred to in Article 42 (1) or (2) or an operation referred to therein without authorisation,

3.

an authorisation within the meaning of Z 2 by incorrect or incomplete information is very difficult,

4.

an authorisation certificate as defined in Z 2 for use by a non-authorised person shall be handed over or transferred free of charge,

5.

in respect of the activities and operations referred to in Z 2, by incorrect or incomplete information, the granting of a global authorisation in accordance with section 43 is difficult,

6.

is in breach of an obligation to approve a letter of approval within the meaning of Z 2;

7.

the application of an obligation pursuant to section 54 is held in an authorisation decision within the meaning of Z 2 by inaccurate or incomplete information,

8.

the revocation or the establishment of a subsequent edition in accordance with Section 57 (2) in an authorisation decision within the meaning of Z 2 is held by inaccurate or incomplete information, or

9.

in the case of incorrect or incomplete information, a communication based on a preliminary request pursuant to § 62 on the non-existence of a prohibition within the meaning of Z 1 or an authorisation requirement within the meaning of Z 2 or on the fact that such an operation is or that a requirement is not to be prescribable,

is to be punished by the court with imprisonment of up to three years.

(2) Anyone who has one of the acts threatened with punishment in paragraph 1

1.

commercial, or

2.

by deception of facts under the use of a false or falsified document, false or falsified data, any other such evidence, or an incorrect measuring instrument

is to be punished by the court with a term of imprisonment of six months to five years.

(3) Those who negligently commit any of the acts referred to in paragraph 1, Z 1, 2, 4 or 6 shall be punished with imprisonment of up to one year or a fine of up to 360 days ' rates.

Contribution to ABC weapons

§ 82. (1) Anyone who makes a contribution to the production, distribution, testing or maintenance of ABC weapons as well as ABC-weapon-capable carrier systems by one of the acts threatened with punishment in § § 79 to 81 shall be punished by the court with imprisonment of six months to five years.

(2) Anyone who has one of the acts threatened with punishment in paragraph 1

1.

commercial, or

2.

by deception of facts under the use of a false or falsified document, false or falsified data, any other such evidence, or an incorrect measuring instrument

is punishable by a term of imprisonment of one year to ten years.

(3) Those who negligently commit any of the acts threatened with punishment in § § 79 to 81 and thereby contribute to the production, distribution, testing or maintenance of ABC weapons as well as ABC-weapon-capable carrier systems shall be provided by the court with To punish imprisonment for up to two years or a fine of up to 360 days ' estits.

Common provisions

§ 83. (1) The perpetrator shall not be punished in accordance with § § 79 to 82, if the Was threatened after another provision with tighter punishment.

(2) The Landesgericht (Regional Court) is responsible for the criminal proceedings on account of the offences referred to in § § 79 to 82.

(3) Austrian criminal law applies in the cases of § 79 (1) (1), (2), (5) and (6), § 81 (1) and (2) and § 82 (1) and (2), irrespective of the criminal laws of the crime scene, even for acts committed abroad if the perpetrator is in fact at the time of action. The Austrian was or was domice-richer, or the act was committed in favour of a legal person or a community without legal personality, with its registered office in Austria.

(4) The courts and prosecutors may, in the prosecution of offences referred to in Articles 79 to 82, benefit from the assistance of the financial authorities, the customs authorities and their institutions when these offences have been committed in the traffic with third countries. In so far as the commission of criminal offences has been indicated by the public prosecutor's office, customs offices and its bodies, the courts and prosecutors shall only be able to use the assistance of the security authorities and their bodies if the Financial penalty authorities, customs offices or their institutions are not to be reached in time.

(5) As far as the criminal justice system is concerned, the financial authorities, customs offices and their bodies shall act and have the tasks and powers conferred in the Code of Criminal Procedure of the Criminal Police under the appropriate application of Section 196 (4) of the Code of Criminal Justice. Financial Criminal Law (FinStrG), BGBl. No 129/1958. The financial penalty authorities, the customs offices and their institutions shall, in order to clarify these offences, only act on the scale of an order made by the public prosecutor's office, or in so far as they are subject to a measure pursuant to section 64 or a customs official It is to be assumed, on the basis of certain measures, that the accused has committed such a crime.

Provisional freezing

§ 84. (1) For the purposes of the protection of evidence, the customs bodies are entitled, in the event of danger in default, to ensure provisionally items to which an act punishable in accordance with § § 79 to 82 relates. The customs authorities shall report without delay to the competent public prosecutor's office. Declares that the conditions of a guarantee in accordance with § 110 of the Criminal Procedure Code 1975 (StPO), BGBl. No 631/1975, shall be repealed as soon as possible. In addition, the provisional guarantee shall not apply if six months have passed since the date of its release or if the court has decided on a request for seizure by a final decision.

(2) Goods which, after the expiry of the provisional guarantee provided for in paragraph 1, shall be submitted to the declarant in accordance with Art. 75 lit. a, 4. The customs code of the Communities (CZK) cannot continue to be left to the customs authorities to seize prohibitions or restrictions on the grounds that they are subject to restrictions or restrictions. The Federal Minister for Economic Affairs, the Family and Youth is to be informed immediately of the seizure. The Federal Minister for Economic Affairs, Family and Youth has to decide whether the seizure is to be lifted and whether the goods are to be re-executed, to be returned to the exporter or under the appropriate application of § § 37 to 52 of the duties executive order. (AbgEO), BGBl. No 104/1949, are to be recovered or destroyed.

Section 2

Administrative offences

Administrative administrative procedures to be punished

§ 85. (1) Who intentionally

1.

Goods without the rights of the European Union under the direct applicable law within the meaning of Article 1 (1) (1) (24) (24) (lit). (c) carry out or carry out the necessary authorisation;

2.

in the case of an authorisation subject to authorisation, in accordance with Z 1

a)

an authorisation certificate for use by a non-authorized person shall be transferred or transferred free of charge, whether free of charge or free of charge,

b)

, by means of incorrect or incomplete information, an authorisation or certificate required under the direct applicable law of the European Union is made difficult or the absence of a requirement is held up,

c)

an obligation to be subject to an approval certificate;

3.

against a law of the European Union which is directly applicable in the sense of Article 1 (1) (1) (24) (lit). (c) the obligation to notify the customs authorities; or

4.

a law of the European Union which is directly applicable in the sense of Article 1 (1) (1) (24) (lit). c) shall be contrary to the obligation to submit a non-preferential proof of origin,

is a financial offender and is punishable by the financial punishment authority with a fine of up to EUR 20 000.

(2) Who negligently one of those in paragraph 1 Z 1, 2 lit. a or c, 3 or 4 , a financial offence is committed and is punishable by the financial punishment authority with a fine of up to EUR 10 000.

(3) The perpetrator shall not be punished in accordance with paragraphs 1 and 2 if the crime constitutes the offence of a criminal offence falling within the jurisdiction of the courts or is otherwise threatened with a more stringent sentence after another provision.

(4) In addition to the penalty referred to in paragraph 1, it shall be recognized in accordance with § 17 of the FinStrG, whereby only the goods referred to in paragraph 1 shall be subject to the decay, together with the reclosures.

Simplified order

§ 86. If a person has committed financial offences in accordance with § 85 and minor financial offences within the meaning of § 146 FinStrG through the same act, then with the consent of the accused person, all financial offences with a simplified penal order can be recognized in accordance with § 146 FinStrG . The maximum amount of the fine provided for in Section 146 (1) of the FinStrG can be exceeded by half.

Administrative penalty provisions

§ 87. (1) Who intentionally

1.

a notification obligation pursuant to section 19 (1) iVm of a regulation pursuant to § 25, pursuant to a regulation pursuant to § 19 (2) or (3) or under the direct applicable law of the European Union within the meaning of Section 1 (1) (1) (24) (lit). a or b shall be contrary,

2.

a proof of proof laid down in a regulation pursuant to section 19 (5) does not comply,

3.

in respect of an import certificate pursuant to § 21

a)

the exhibition is easily or incompletely disclosures, or

b)

in the event of incorrect or incomplete information, the pre-writing of a requirement pursuant to section 21 (2) or in accordance with § 57 (2) or a revocation pursuant to section 57 (2) is maintained or

c)

the import certificate shall continue to be used against a revocation in accordance with section 57 (2), or

d)

the import certificate for use by a non-authorised person shall leave or take over, whether free of charge or free of charge,

4.

the obligation to notify in accordance with section 17 (2) or § 30 (4),

5.

the obligation to notify in accordance with section 31 (3),

6.

the reporting obligation in accordance with section 33 (3),

7.

an obligation to provide information in accordance with section 34 (1) or (2),

8.

an obligation to notify in accordance with Section 37 (2) (2) (2) or (39) (1),

9.

a notification obligation pursuant to § 44 or a regulation adopted pursuant to the provisions of this Regulation,

10.

the obligation to provide information concerning export restrictions of other EU Member States in accordance with Article 55 (1) of this Directive,

11.

use a general authorisation within the meaning of Article 1 (1) (1) (26) without registration in accordance with § 59,

12.

in a regulation pursuant to section 59 (9), an administrative surrender is committed and is punishable by a custodial sentence of up to six weeks or with a fine of up to € 40 000.

(2) Who

1.

negligently one of the one in paragraph 1 Z 1, 2, 3 lit. c or d or Z 4 to 12 of the offences referred to above,

2.

Contrary to one of the obligations referred to in Article 63 (6), or

3.

Intentionally violates the recording obligation in accordance with § 65 or the obligation to retain in accordance with Section 65 (4),

shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 25 000.

(3) Any person who intentionally opposes the obligation to keep the storage in accordance with Section 76 (1) shall commit an administrative surrender and shall be punished with a fine of up to 10 000 euros.

(4) In the cases referred to in paragraph 1 as well as of paragraph 2 (2) and (3), the attempt shall also be punishable.

(5) In the cases referred to in paragraphs 1 to 4 above, the district administrative authority, in the local area of action of a federal police authority, is responsible for the implementation of administrative criminal proceedings in the first instance.

(6) An administrative surrender in accordance with paragraphs 1 to 4 does not exist if the act constitutes the offence of a criminal offence which falls within the jurisdiction of the courts.

Waste and disposal

§ 88. (1) If chemicals within the meaning of Section 1 (1) (30) form the subject of an administrative surrender in accordance with § 87, these chemicals shall be declared to be expired under the conditions of § 17 VStG.

(2) The costs of a criminal proceedings shall also be the cost of any necessary disposal of the chemicals declared to be expired in accordance with paragraph 1 above.

Section 3

Accompanying civil law

Nullity of legal transactions

§ 89. (1) Legal transactions relating to transactions which are subject to a prohibition pursuant to this Federal Act or under the direct applicable law of the European Union are void.

(2) legal transactions relating to transactions which, after the conclusion of the legal transaction, are subject to a prohibition on the basis of this Federal Law or under the direct applicable law of the European Union as a result of an amendment to the law; shall be deemed to be dissolved in respect of the not yet implemented part of the law with the entry into force of the amended legislation.

(3) Legal transactions relating to transactions for which a permit is required under this Federal Act or under the direct applicable law of the European Union shall be deemed to have been concluded under the suspensive condition of the law, that the permit is granted.

(4) In the case of legal transactions relating to transactions for which no authorisation was required by virtue of this Federal Law or under the direct applicable law of the European Union, but for which the transaction was carried out prior to the completion of the transaction, , a request for authorisation must be submitted, following a change in the legislation. This application must be submitted within four weeks after the entry into force of the provisions on the authorisation requirement, in the case of applications based on the directly applicable law of the European Union within the framework of the application of the Federal Act. shall be provided for.

(5) Where no application is made within the time limits referred to in paragraph 4, or if the application is rejected or rejected, the legal transaction shall apply to the entry into force of the amended law with regard to the part not yet implemented. Legislation as dissolved.

11. Main piece

Final provisions

Proof of customs clearance

§ 90. (1) Insofar as the European Union has an obligation to permit the import, export or transit in accordance with this Federal Act or under the direct applicable law of the European Union within the meaning of Section 1 (1) (1) (24), the recipient, exporter or exporter shall be required to: The person responsible for carrying out the task shall be provided with proof that the relevant operation is duly approved.

(2) The proof referred to in paragraph 1 shall be provided by:

1.

submission of the authorisations or surveillance documents valid at the time of customs clearance to the customs office concerned,

2.

the number of the document in the electronic authorisation procedure, or

3.

Reference to a general authorisation valid for the operation in question within the meaning of Section 1 (1) (1) (26) (lit). a or b.

(3) The transfer of the goods to the respective customs-approved destination may only take place after the completed customs-official treatment of the permits or surveillance documents.

Relationship to other federal laws

§ 91. (1) The provisions of the Radiation Protection Act, BGBl. No. 227/1969, remain unaffected by this federal law.

(2) A permit pursuant to this Federal Law shall not be required for operations which:

1.

the War Material Act, BGBl. No 540/1977,

2.

The Troop Residence Act, BGBl. I No 57/2001,

3.

as part of the missions under the Federal Constitutional Law on Cooperation and Solidarity in the Posting of Units and Individuals abroad (CFE-BVG), Federal Law Gazette (BGBl). I n ° 38/1997,

4.

necessary for the performance of the tasks of the military national defence pursuant to Art. 79 B-VG,

5.

the Security Control Act 1991, BGBl. No 415/1992, or

6.

the Federal Law on the Prohibition of Cluster Munitions, BGBl. I n ° 12/2008.

(3) The Federal Minister of the Interior shall submit to the Federal Minister for Economic Affairs, Family and Youth a copy of all charges in accordance with the War Material Act without delay after the date of their release.

(4) Where reference is made in this Federal Act to provisions in other federal laws or in directly applicable law of the European Union, these are to be applied in their respectively applicable version.

(5) Where reference is made in federal legislation to provisions which are replaced by this Federal Act, the provisions of this Federal Act shall be replaced by the provisions of this Federal Act.

Linguistic equality

§ 92. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

Entry into force and transitional provisions

§ 93. (1) The 4. The main item and sections 55 and 80 of this Federal Act are to be held on 30 June 2012, and the remaining provisions will be presented with 1. October 2011, in force.

(2) The Foreign Trade Act 2005, (external HG 2005), BGBl. I No 50, shall expire on 30 September 2011, unless the following paragraphs determine otherwise.

(3) The 3. Section of the External Trade Act 2005, as well as § § 21, 23, 31, of the 9. Section and § § 37, 38 and 41 of the Foreign Trade Act 2005, as far as they are on the 3. Section, shall expire on the expiry of 29 June 2012.

(4) The monitoring provisions in accordance with § § 63 and 64 as well as 66 to 71 shall also apply to transactions subject to a prohibition, an authorisation requirement or a reporting obligation pursuant to the Foreign Trade Act 2005.

(5) § 37 of the External HG 2005 is to be found before the 1. In accordance with § 37 (1) Z 2, 12, and 13 as well as pursuant to paragraphs 2, 3 or 4 iVm (1) (2), (12) and (13) of the external HG 2005, committed offences committed before 30 June 2012 were still applicable.

(6) § § 39 to 42 of the external HG 2005 are to be found before the 1. In accordance with § 41 (1) (1) of the iVm § 9 (1) and pursuant to § 41 (2) iVm (1) (1) and (9) (1), administrative violations committed before 30 June 2012 were continued to apply.

(7) The provisions of the Ordinance of the Federal Minister for Economic Affairs on the Implementation of the Foreign Trade Act 2005 (Foreign Trade Regulation 2005-Outside HV 2005), BGBl. II No 121/2006, remain in force as federal law until the date of entry into force of regulations in the same field pursuant to this Federal Act.

(8) Regulations pursuant to this Federal Act may be adopted as from the day following that in which they are held. However, they may not be required to do so at the earliest on 2 October 2011, regulations on the basis of the 4. The main piece will be put into effect at the earliest with 1 July 2012.

Notes on notification and implementation

§ 94. (1) This federal law has been complied with in accordance with the provisions of Directive 98 /34/EC, OJ L 327, 30. No. 37), as last amended by Directive 2006 /96/EC, OJ L 327, 28.1.2006, p. No. 81. of the European Parliament and of the Council of 20 December 2006 (No 2010 /762/A).

(2) This federal law provides for Directive 2009 /43/EC on the simplification of the conditions of intra-Community transfers of defence-related products, OJ L 206, 22.7.2009, p. No. OJ No L 146, 10 June 2009, p. 1.

Enforcement clause

§ 95. (1) The Federal Minister for Economic Affairs, Family and Youth shall be responsible for the enforcement of this Federal Act and the enforcement of the directly applicable law of the European Union, provided that the following paragraphs determine nothing else.

(2) The following provisions shall be charged with the enforcement of the following provisions:

1.

as regards § § 14 (2) and (3), 18 (2) and (25) of the Federal Minister for Economic Affairs, Family and Youth, in accordance with Section 77 (2) in agreement with the Federal Minister of Finance and in accordance with Section 77 (3), in agreement with the Federal Minister for European and International Affairs;

2.

as regards Section 72 of the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Finance, in accordance with Section 77 (2);

3.

§ § 64, 85 and 86 of the Federal Minister of Finance;

4.

as regards Section 47 (1) (7) of the Federal Minister for Economic Affairs, the Family and Youth, in accordance with Section 47 (4), in agreement with the Federal Minister for European and International Affairs;

5.

as regards Section 48 of the Federal Minister for European and International Affairs, in agreement with the Federal Minister for Economic Affairs, the Family and Youth;

6.

as regards § § 67 to 70 of the Federal Minister for Economic Affairs, Family and Youth, in accordance with Section 71 (1), in agreement with the Federal Minister for European and International Affairs;

7.

with regard to § § 79 to 84 and 89 of the Federal Minister of Justice;

8.

as regards Section 66 (3) of the Federal Minister of the Interior and the Federal Minister for National Defence and Sport, within the scope of their respective scope of action;

9.

with regard to section 91 (3) of the Federal Minister of the Interior and

10.

as regards § § 15 (2), 20 (2) and (78) of the objectively competent Federal Minister within the scope of his/her scope of action.

(3) With the enforcement of the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (24) (lit). c is the Federal Minister for Agriculture, Forestry, Environment and Water Management, provided that these are measures, the market order goods within the meaning of § 4 Z 1 of the Market Order Act 2007 (MOG), BGBl. I No 55/2007.

Fischer

Faymann