Foreign Trade Law

Original Language Title: Außenwirtschaftsgesetz

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External Economic Law (AWG)

Non-official table of contents

AWG

Date of expend: 06.06.2013

Full quote:

" External Economic Law of 6. June 2013 (BGBl. I p. 1482) "

Footnote

(+ + + Text evidence from: 1.9.2013 + + +)

The G was referred to as the article 1 of the G v. 6.6.2013 I 1482 adopted by the Bundestag. It occurs gem. Article 4 (1), first sentence, in force on 1 September 2013. § § 4, 5 and 11 shall act in accordance with the provisions of the following: Art. 4 (2), 14.6.2013 in force. § 3 (3), § 9 sentence 1, § 12, § 19 (4) sentence 2, § 27 (4), § 28 (2) shall occur in accordance with the provisions of Section 28 (2). Art. 27 (4) G v. 25.7.2013 I 2722 in force on 1.8.2013. unofficial table of contents

content overview

part 1Legal transactions and actions
§ 1Principle
§ 2Terms of Use
§ 3Branch offices and premises
§ 4Restrictions and Obligations for the protection of public security and external interests
§ 5Subject of restrictions
§ 6Single Engagement
§ 7Single Engagement in Maritime Transport Outside of the German Coastal Sea
§ 8Approvals of permits
§ 9 Issuing certificates
2 Supplementary
§ 10German Bundesbank
§ 11Procedure and Reporting Regulations
§ 12 Decree of legal orders
§ 13Responsibilities for the adoption of administrative acts and for the reception of Messages
§ 14Administrative file
§ 15 Legal ineffective
§ 16Judgment and
3Straf, Penal and Surveillance Regulations
§ 17Criminal rules
§ 18 Penal rules
§ 19BußMoney Rules
§ 20 Confiscation and Advanced Verfall
§ 21Customs tasks and powers
§ 22Criminal and penal procedure
§ 23General information obligation
§ 24Transfer of information by the Federal Office for Economic Affairs and Export Control (BAFA)
§ 25 Automated retrieval procedure
§ 26Transfer of personal data from criminal proceedings
§ 27Monitoring of freight, post and travel
§ 28

Part 1
Legal Transactions and Actions

Non-official Table of contents

§ 1 Principle

(1) The goods, services, capital, payment and other economic transactions with foreign countries as well as the traffic with foreign assets and gold between nationals (external trade) is basically free. It shall be subject to the restrictions contained in this Act or to the restrictions imposed by this law by means of the law.(2) Untouched
1.
Rules in other laws and legal regulations,
2.
intergovernmental agreements that the legislature agreed to in the form of a federal law, and
3.
Legislation of institutions of intergovernmental bodies to which the Federal Republic of Germany has conferred sovereign rights.
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§ 2 Definitions

(1) This law and the legal regulations issued under this law are subject to the definitions in paragraphs 2 to 25 unless otherwise provided in this Act or in such a decree.(2) The exporter shall be any natural or legal person or person company which is a contracting party to the consignee in a third country at the time of exportation, and is
1.
about the delivery of goods from home to a third country, or
2.
in the case of software or Technology of their transfer from the territory of the country to a third country, including their provision by electronic means in a third country.
According to the export contract, the right of disposal of the goods to a foreigner is to be found, shall be considered as the exporter of the domestic Contracting Party. If no export contract has been concluded or if the contracting party does not act on its own account, the exporter shall be deemed to be the exporter who shall in fact determine the export.(3) Export is
1.
the delivery of goods from the country to a third country, and
2.
Transfer of software and technology from the country to a third country, including its provision by electronic means for natural and legal persons in third countries.
(4) Export consignment includes the goods which are a exporter shall, at the same time, carry out the same customs office of exit to the same destination(5) Foreigners are all persons and partnerships, which are not nationals.(6) Foreign values are
1.
Inmovable assets abroad,
2.
Claims in euros against foreigners and
3.
means of payment, claims and securities denominated in currencies other than euro.
(7) Destination country is the country in which the goods used or consumed, processed or processed, or, if this country is not known, the last known country into which the goods are to be delivered.(8) Third countries are the territories outside the customs territory of the European Union, with the exception of Helgoland.(9) transit is
1.
the carriage of goods from abroad by the national territory without the goods entering the country for free circulation, and
2.
the carriage of goods of free circulation from another Member State of the European Union through the territory of the European Union.
(10) importer any natural or legal person or person company which supplies or supplies
1.
goods from third countries to the territory of the country and to the delivery of the goods , or
2.
in the case of software or technology over its transfer from third countries to the territory of the country, including its provision by electronic means in the Domestically.
If the import is based on a contract with a non-Union foreign person on the purchase of goods for the purpose of importation, only the domestic contractual partner shall be the importer.(11) Imports are
1.
the supply of goods from third countries to the country and
2.
Transmission of software or technology, including its provision by electronic means, for natural and legal persons domestically.
Where goods from third countries are delivered to a free zone or to a non-renewal procedure , an import is not imported until the goods
1.
in the free zone are used, consumed, processed or processed or
2.
to be released for free circulation.
(12) Purchasing country is the country where the non-EU resident is resident, from which the Union resident acquires the goods. This country shall also be considered to be a purchasing country if the goods are to be sold to another Union resident. Where there is no legal transaction relating to the acquisition of goods between a Union resident and a non-Union foreign, the country of purchase shall be the country in which the person entitled to disposal is established, who shall place the goods in the customs territory of the European Union. Union. If the person entitled to disposal of the goods entering the customs territory of the European Union is established in the customs territory of the European Union, the country of destination shall be deemed to be the country of purchase.(13) Goods are goods, software and technology. Technology also includes documents relating to the manufacture of goods or parts of these goods.(14) The trading and brokerage business is
1.
the purchase or transfer of goods contract,
2.
the proof of an opportunity to complete such a contract or
3.
the conclusion of a contract on the overletting of goods.
No trading and brokerage business is the exclusive provision of aid. As auxiliary services, transport, financial services, insurance or reinsurance, or general advertising or sales promotion.(15) Inlanders are
1.
Natural persons with domials or habitual residence in Germany,
2.
Legal persons and partnerships with head office or location in Germany,
3.
branches of foreign legal persons or partnerships, if the branches have their domestic management and a separate accounting system for them , and
4.
premises of foreign legal entities or partnerships domestically, if the premises are located in the country
(16) Technical assistance is any technical assistance in connection with the repair, development, manufacture, assembly, testing, maintenance or any other technical service. Technical assistance may take the form of instruction, training, transfer of practical knowledge or skills, or in the form of advisory services. It also includes oral, tele-oral and electronic forms of support.(17) Transithandel is any business, in the case of goods located abroad, or goods delivered to the territory of the country, but not yet manufactured by foreigners, and sold to aliens. The transit trade is the same as those in which the goods are sold to other countries with the aim of selling them to foreigners.(18) Union residents are
1.
Natural persons residing or having a habitual residence in the European Union,
2.
Legal persons or partnerships with head office or place of management in the European Union,
3.
branches of legal persons whose head office or location is located in a third country, if the branches have their management in the European Union and it is for there is a separate accounting system and
4.
premises of legal entities from third countries, if the premises are managed by the European Union '.
(19) Non-Union nationals are all persons and partnerships which are not Union residents.(20) A provider is any natural or legal person or person company which determines the shipment of goods and at the time of shipment
1.
in the Case referred to in paragraph 21, point 1, the contract partner of the consignee in the customs territory of the European Union, or
2.
in the case referred to in paragraph 21, point 2, the contract partner of the In the case of a consignee in the country.
If, after the transfer agreement, the right of disposal of the goods to a foreigner is to be granted, the domestic contracting party shall be deemed to be a supplier. If no movement contract has been concluded or if the contracting party does not act for itself, the decisive factor is the person who actually determines the shipment.(21) Shipment is
1.
The delivery of goods or the transfer of software or technology from the domestic territory to the rest of the customs territory of the European Union , including its provision by electronic means for natural and legal persons in the rest of the customs territory of the European Union and
2.
of goods or of the transfer of software or technology from the rest of the customs territory of the European Union to the territory of the country, including its provision by electronic means for natural and legal persons domestically.
(22) are moving things that can be the object of trade, and electricity. Securities and means of payment are not goods.(23) The value of a good is the remuneration charged to the recipient or, in the absence of a beneficiary or of a fixed salary, the statistical value within the meaning of the rules on the statistics of international trade in goods. If a legal transaction or an act is considered as part of a single economic overall process, the value of the total transaction shall be the subject of the application of the value limits of this law or of a regulation on the basis of this law. on the basis of the(24) Securities are
1.
Securities within the meaning of Section 1 (1) of the Depository Act,
2.
Shares in a securities collection inventory or a collective debt book request,
3.
Rights on The delivery or allocation of securities within the meaning of points 1 and 2.
Domitic securities are securities issued by an incountry or, before the date of the 9. May 1945, a person residing or having its registered office in the territory of the German Reich, according to the status of the 31. It was issued in December 1937. Foreign securities are securities issued by a foreigner to the extent that they are non-domestic securities.(25) The customs territory of the European Union is the customs territory of the European Community as provided for in Article 3 of Council Regulation (EEC) No 2913/92 of 12 June 1992. October 1992 establishing the Community Customs Code (OJ C 327, 22.12.1992, p. 1), as amended, respectively. Non-official table of contents

§ 3 branches and premises

(1) domestic branch offices and premises of foreigners and Foreign branches and establishments of non-nationals are considered legally independent. Several domestic branches and premises of the same extension are considered to be a domestic branch or establishment.(2) acts carried out by or in respect of branches or premises referred to in paragraph 1 shall be considered as legal transactions where such acts in relation between natural or legal persons, or Personal companies would be legal transactions.(3) By means of a legal regulation under this law or by enforceable order in accordance with § 6, it can be provided that
1.
several foreign branches and premises of the same country shall be deemed to be a foreigner by way of derogation from the first sentence of paragraph 1,
2.
domestic branches and premises of the same By way of derogation from the first sentence of paragraph 1, foreign nationals shall be deemed to be nationals of each country,
3.
branches and premises shall not be deemed to be nationals of any other Member State other than those of Section 2 (5) and (15). Aliens or nationals or
4.
branches and premises notwithstanding § 2 (18) and (19) shall not be deemed to be a Union resident or non-Union .
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§ 4 Restrictions and obligations on the protection of public security and the external Interests

(1) In the field of foreign trade, legal transactions and actions may be restricted or subject to action by means of a legal regulation, in order to
1.
to ensure the essential security interests of the Federal Republic of Germany,
2.
a disturbance of the peaceful coexistence of peoples,
3.
a serious disturbance of the external relations of the Federal Republic of Germany shall,
4.
the public order or security of the Federal Republic of Germany within the meaning of Articles 36, 52 (1) and 65 (1) of the Treaty on Functioning of the European Union, or
5.
to counteract a threat to the coverage of vital needs at home or in parts of the country and in accordance with Article 36 of the Treaty on the Functioning of the European Union, to protect the health and life of people.
(2) In addition, in the field of foreign trade, legal transactions may be carried out by means of a legal regulation; and Actions are limited or subject to action, in order to
1.
Council of the European Union decisions on economic sanctions in the field of Implementation of the Common Foreign and Security Policy (CFSP)
2.
obligations of the Member States of the European Union to implement directly applicable legal acts of the European Union for the implementation of economic sanctions in the field of the common foreign and security policy,
3.
Resolutions of the To implement the United Nations Security Council, or to implement
4.
intergovernmental agreements to which the legislative bodies are in the form of a Federal law.
(3) As a restriction in accordance with paragraphs 1 and 2, the arrangement of approval requirements or of prohibitions applies.(4) Restrictions and obligations to do so shall be limited in nature and scope to the extent necessary to achieve the purpose stated in the authorization. They must be designed in such a way as to intervene as little as possible in the freedom of economic activity. Restrictions and obligations may only affect concluded contracts if the purpose stated in the authorization is seriously endangered. They shall be repealed as soon as and to the extent that the reasons justifying their order no longer exist. Non-official table of contents

§ 5 Subject of restrictions

(1) Restrictions or obligations under Section 4 (1) may, in particular, be are arranged for legal transactions or acts related to
1.
Weapons, ammunition and other arms, as well as goods for development, manufacture or the Use of arms, munitions and armaments, in particular where the restriction is used to carry out export controls agreed in international cooperation,
2.
Goods used to carry out military actions.
(2) Restrictions or action obligations under Section 4 (1) (4) may be ordered in particular in The acquisition by non-European purchasers of the acquisition of domestic companies or of shares in such undertakings if, as a result of the acquisition, the public order or security of the Federal Republic of Germany is at risk in accordance with Article 4 (1) (4). This implies that there is a real and sufficiently serious threat which affects a fundamental interest of society. Non-EU purchasers from the Member States of the European Free Trade Association shall be the same as those who are resident in the Union.(3) Restrictions or obligations under Section 4 (1) (1) may, in particular, be ordered with respect to the acquisition by foreigners of domestic companies or of shares in such companies, in order to ensure the essential security interests of the companies. Federal Republic of Germany if the domestic companies
or develop
1.
War weapons or other armaments or
2.
Products with IT security functions for processing state classified information or for the IT security function to produce essential components of such products, or and still have the technology, if the total product with the knowledge of the company has been approved by the Federal Office for Information Security.
This is particularly true if the acquisition of the product is the result of the acquisition of the the security policy interests of the Federal Republic of Germany or the military security provisions are at risk.(4) Restrictions or obligations under Section 4 (1) (5) may also be arranged in respect of goods not referred to in paragraph 1. This implies that there is a real and sufficiently serious threat which affects a fundamental interest of society.(5) Restrictions or obligations under Section 4 (1) may also be arranged in respect of legal transactions or acts of German abroad which are related to goods referred to in paragraph 1, including their development and manufacture. . Non-official table of contents

§ 6 Individual intervention

(1) In foreign trade, legal transactions or actions can also be performed by administrative act. shall be limited or shall be subject to duty of action in order to avoid any risk to the legal goods referred to in Article 4 (1) in each individual case.(2) The order shall come out of force six months after its adoption, provided that the restriction or duty of action is not imposed by means of a regulation.(3) § 4 (3) and (4) and § 5 (5) shall apply accordingly. Non-official table of contents

§ 7 Single action in maritime transport outside the German Coastal Sea

(1) In order to present an individual hazard for the in accordance with Article 4 (1), which is caused by the carriage of goods on board a sea vessel carrying the flag of the Federal Republic of Germany, in accordance with Article 6 (1) of this Regulation, in particular necessary measures for the steering, acceleration and restriction of the transport of the goods, as well as the handling and unloading of the goods, are arranged.(2) The measures referred to in paragraph 1 may be directed against the owner, the equipment supplier, the charterer, the carrier or the other holder of the actual violence.(3) The owner, supplier, charterer, skipper or any other owner of the actual force shall, upon request, immediately provide information on
1.
The type and extent of the load,
2.
the since the last run-out and the intended Travel path,
3.
the estimated travel time, and
4.
the port of destination.
(4) The owner of a ship operated under a foreign flag in maritime shipping and registered in a German register of ships shall ensure that, at the request of the legal goods referred to in Article 4 (1), there is a risk of a risk to the goods referred to in Article 4 (1) of the ship ' s , as provided for in paragraph 3 for ships under the flag of the Federal Republic of Germany, and shall be forwarded to the same extent as provided for in paragraph 3.(5) § 4 (3) and (4), § 5 (5) and § 6 (2) shall apply accordingly. Non-official table of contents

§ 8 Granting of Approvals

(1) May legal transactions or acts in accordance with a provision of this Act, or a legal regulation on the basis of this law, the authorisation shall be granted if it is to be expected that the performance of the transaction or of the act does not endanger or only insignificantly endanger the purpose of the provision. In other cases, the authorisation may be granted if the economic interest in the taking of the legal transaction or the act outweighs the associated impairment of the purpose specified in the authorization.(2) The granting of the authorisation may be subject to factual and personal conditions, in particular to the reliability of the applicant. The same applies to the issuing of certificates issued by the Federal Office for Economic Affairs and Export Control (BAFA), that an export does not require any authorisation.(3) Where, with a view to the purpose to which the provision serves, the granting of authorisations is possible only to a limited extent, the authorisations shall be granted in such a way that the given possibilities are exploited economically in an economically viable manner. can be.(4) Union residents, who are particularly affected by a restriction provided for in paragraph 3 in the exercise of their trade, may be given preferential consideration.(5) In applying for a marketing authorisation referred to in the first sentence of paragraph 1 or a certificate referred to in the second sentence of paragraph 2, the applicant shall provide or use complete and correct information. Non-official table of contents

§ 9 Grant of certificates

Due to this law, the issue of certificates can be granted , to the extent that this is provided for in the certification provided for in Article 9 of Directive 2009 /43/EC of the European Parliament and of the Council of 6 June 2009, Simplification of the conditions for intra-Community transfers of defence-related products (OJ L 327, 27.6.2009, p. OJ L 146, 10.6.2009, p. 1). § 8 Paragraph 5 applies accordingly.

Part 2
Supplementary provisions

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§ 10 Deutsche Bundesbank

Restrictions pursuant to a provision of this Act or pursuant to a legal regulation or a enforceable order issued pursuant to this Act shall not apply to legal transactions and Acts carried out by the Deutsche Bundesbank in its business circle or which are carried out in relation to it. Non-official table of contents

§ 11 Procedure and reporting rules

(1) Legal regulation may enact procedural rules
1.
for the implementation of this law and legal ordinances under this law,
2.
to review the legality of legal transactions or actions in foreign trade and
3.
to perform
a)
the provisions of the European Treaties, including the related ones Protocols,
b)
the European Union agreements and
c)
the acts of the European Union on the basis of the Treaties and Agreements referred to in points (a) and (b)
(2) By means of a legal regulation, it may be ordered that legal transactions and acts in foreign trade, in particular from them, -increasing receivables and liabilities as well as assets and the performance and receipt of payments, indicating the legal ground, so that
1.
To determine if there are any requirements for lifting, easing, or ordering restrictions,
2.
at any given time the balance of payments of the Federal Republic of Germany can be created,
3.
Perception of foreign economic policy interests is guaranteed or
4.
Commitments from intergovernmental agreements or international Export control regimes may be fulfilled.
(3) In order to ensure the purposes of paragraph 2 (1) to (4), the status and selected positions of the composition of the assets of nationals may be ordered by means of a regulation. to be reported abroad and by foreign nationals. Where the assets subject to reporting include direct or indirect participation in a company, it may be arranged that the status and selected items of the composition of the assets of the undertaking must also be reported to the company, the participation.(4) Legal Regulation may also require recording and retention obligations to enable the verification referred to in paragraph 1 (2) or for the fulfilment of reporting obligations referred to in paragraphs 2 and 3.(5) § § 9, 15 and 16 of the Federal Statistics Act shall be applied accordingly in the cases referred to in paragraphs 2 and 3. Non-official table of contents

§ 12 Decree of legal regulations

(1) Legal regulations pursuant to this Act are issued by the Federal Government. By way of derogation from the first sentence, the German Federal Ministry of Economics and Technology (Federal Ministry of Economics and Technology), in agreement with the Federal Foreign Office and the Federal Ministry of Finance, shall adopt legal regulations pursuant to § 4 (2)(2) The legal regulations do not require the approval of the Federal Council.(3) In the case of regulations concerning capital and payment transactions or the traffic with foreign assets and gold, the agreement with the German Bundesbank shall be established.(4) The legal regulations must be communicated to the Bundestag and to the Bundesrat immediately after their announcement. The Federal Council will be able to submit its opinion to the Bundestag within four weeks. The legal regulations must be repealed without delay, as long as the Bundestag demands it within four months of its announcement.(5) Paragraph 4 shall not apply to legal regulations by which the Federal Government or the Federal Ministry of Economics and Technology shall, in accordance with Section 4 (2), impose restrictions on the movement of goods, capital or payments abroad. or repealed. Unofficial table of contents

§ 13 responsibilities for the adoption of administrative acts and for receiving messages

(1) For the adoption of Administrative acts and the receipt of notifications pursuant to this Act and of the legal regulations adopted pursuant to this Act and by acts of the Council or of the Commission of the European Union in the field of The Federal Office for Economic Affairs and Export Control (BAFA) is responsible for external economic law insofar as nothing else is determined in this Act or on the basis of a legal regulation issued under this Act.(2) Finally,
1.
the Deutsche Bundesbank in the area of capital and payment transactions as well as of transport with foreign assets and gold, as far as the following are: nothing else is determined,
2.
the Federal Ministry of Economics and Technology
a)
in the case of § 6, paragraph 1, in agreement with the Federal Foreign Office and the Federal Ministry of Finance; in the case of measures which cover the areas of capital and payment transactions or the (b
in the case of § 7, in agreement with the Federal Foreign Office, and The Federal Ministry of Transport, Building and Urban Development,
c)
in the case of § 4 (1) (4) in conjunction with § 5 (2) and one of these provisions (d)(d
d)
(d)(d)(d) style="font-weight:normal; font-style:normal; text-decoration:none;"> in the case of § 4 (1) (1) in conjunction with Section 5 (3) and a legal regulation adopted pursuant to these provisions in agreement with the Federal Foreign Office and the Federal Ministry of Defence and, in the case of § 4 (1) (1), in conjunction with Section 5 (3) (2) and a regulation adopted pursuant to these provisions, in agreement with the Federal Ministry of the Interior
3.
the Federal Ministry of Transport, Building and Urban Development for orders in the field of transport services in the field of transport in accordance with § 4 (1) and (2) in conjunction with a decree issued pursuant to this provision,
4.
the Federal Ministry of Finance for orders in the field of the provision of services in the insurance sector in accordance with Article 4 (1) and (2) in conjunction with a legal regulation adopted pursuant to this provision,
5.
< dd style="font-weight:normal; font-style:normal; text-decoration:none;"> the Federal Agency for Agriculture and Food for orders in the field of trade in goods and services in accordance with § 4 (1) and (2) in conjunction with one of these Regulation adopted in the framework of the common market organisations of the European Union for products of food and agriculture.(3) In the cases referred to in points 3 and 4 of paragraph 2, the competent federal ministry may: is responsible for the tasks referred to there by a federal authority or a federal institution of its business unit. Non-official table of contents

§ 14 Administrative file

(1) Administrative file under this Act or pursuant to a law issued under this Act Legal regulation may be accompanied by secondary provisions. The administrative acts shall not be transferable unless otherwise specified in them.(2) The appeal and the action of appeal do not have suspensive effect. Unofficial Table of Contents

§ 15 Legal Invalidity

(1) A legal transaction that is made without the required approval is ineffective. It shall be effective from the date of its acceptance, if it is subsequently approved or if the approval requirement is subsequently deleted. The retroactive effect shall not affect the rights of third parties, which have been established prior to the approval of the subject matter of the legal transaction.(2) There is a test law for a right-of-school legal transaction relating to the acquisition of a domestic company or direct or indirect participation in a domestic company pursuant to Article 4 (1) (4) and (5) (2). in connection with a decree law issued pursuant to these provisions and is connected with an authorisation of the Federal Ministry of Economics and Technology, after obtaining the agreement of the Federal Government, the acquisition within The Federal Ministry of Economics and Technology (Federal Ministry of Economics and Technology) is responsible for the acquisition of the legal effects of the legal transaction up to the end of the entire examination procedure under the resolving condition the time limit is prohibited.(3) A legal transaction which serves to complete the acquisition of a domestic company or a direct or indirect shareholding in a domestic company shall be suspended in a floating manner if, on the basis of Article 4 (1) (1) and (5) (5) (1) Paragraph 3, in conjunction with a legal regulation adopted pursuant to these provisions, shall be subject to a notification obligation, which shall be accompanied by an authorisation by the Federal Government to prohibit the acquisition within a specified period. The legal transaction shall be effective from the date of its acceptance, if the Federal Ministry of Economics and Technology releases it in writing or does not prohibit the acquisition within the time limit set out in sentence 1. The third sentence of paragraph 1 shall apply accordingly. Non-official table of contents

§ 16 Judgment and enforcement order

(1) If the debtor is required to perform a permit, then a Judgment before the granting of the authorisation shall only be given if a reservation is included in the judgment formula, that the performance or the enforcement of the order may not take place until the approval is granted. The same applies to other enforcement titles, if enforcement can only be carried out on the basis of a enforceable copy of the title. Arrests and preliminary injunctions, which serve merely to secure the underlying claim, can be made without reservation.(2) If an authorisation is required for the debtor's performance, enforcement shall be admissible only if and to the extent that the authorization is granted. To the extent that assets may be acquired or sold only with the approval, this shall also apply to the acquisition and disposal by means of foreclosure.

Part 3
Criminal, Penal and Penal Money Surveillance rules

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§ 17 criminal rules

(1) imprisonment of one year up to ten Years shall be punished who shall be subject to a legal regulation in accordance with Section 4 (1) of the Charter of Fundamental Rights of the United Nations, which shall implement
1.
of a United Nations Security Council under Chapter VII of the Charter of United Nations or
2.
an economic policy adopted by the Council of the European Union in the field of the common foreign and security policy
In so far as the legal regulation relates to goods under Section A of Part I of the Export List, and for a certain amount of action on the basis of such a decree, a sanction measure shall be contrary to such a decree. Criminal law refers.(2) A term of imprisonment of not less than one year shall be punished for who in the cases of paragraph 1
1.
is acting for the secret service of a foreign power or
2.
commercially or as a member of a gang that has joined in the continued commission of such acts.
(3) With a term of imprisonment not less than two years , who, in the cases referred to in paragraph 1, acts as a member of a gang which has committed itself to the continuing commission of such acts, shall be punished.(4) In the case of minor cases of paragraph 1, the penalty shall be a custodial sentence of three months to five years.(5) Where the offender is reckless in the cases referred to in paragraph 1, the penalty shall be punishable by imprisonment of up to three years or a fine.(6) In the cases referred to in paragraph 1, action without authorisation shall be the same on the basis of an authorisation issued by threat, bribery or collusion, or by incorrect or incomplete information.(7) Paragraphs 1 to 6 shall apply, irrespective of the right of the crime of crime, even to acts committed abroad if the perpetrator is German. unofficial table of contents

§ 18 criminal rules

(1) Imprisonment of three months to five years shall be punished for who
1.
a
a)
Export, import, transit, shipment, sales, purchase, delivery, delivery, Prohibition of transfers, services or investment, or
b)
Prohibition of the use of frozen funds and economic resources
of a European Communities or the European Union, which are directly applicable to the European Communities or to the European Union, which are responsible for the implementation of a Council of the European Union in the field of of the common foreign and security policy, or
2.
against an authorisation requirement for
a)
the export, import, transit, shipment, sale, purchase, delivery, delivery, distribution, service or investment, or
b)
available on frozen monies or economic resources
of a published in the Official Journal of the European Communities or the European Union , the act of the European Communities or of the European Union which applies to the implementation of an economic policy adopted by the Council of the European Union in the field of the common foreign and security policy Sanction measure serves.
(2) With a custodial sentence of up to five years or a fine, he/she shall be punished for violating the external economic regulation by
1.
without approval pursuant to § 8, paragraph 1, § 9, paragraph 1, or § 78 goods referred to there,
2.
contrary to § 9 2 sentence 2 of goods referred to there,
3.
spends without authorization pursuant to § 11 (1) sentence 1 of the goods referred to there,
4.
without authorization pursuant to § 46 paragraph 1, also in conjunction with § 47 paragraph 1, or without authorization pursuant to § 47 paragraph 2, a trading and brokerage business performs,
5.
contrary to § 47, paragraph 3, sentence 3, a trading and brokerage business,
6.
without permission according to § 49 (1), § 51 (1) or (2) or § 52 (1) technical assistance, or
7.
contrary to § 49 (2) sentence 3, § 50 (2) sentence 3, § 51 (3) sentence 3 or 52 (2) sentence 3 provides technical assistance.
(3) Likewise, it shall be punished who is against Council Regulation (EC) No 2368/2002 of 20 June 2002 on the application of the provisions of Council Regulation (EC) No 2368/2002. December 2002 on the implementation of the Kimberley Process Certification Scheme for the International Trade in Rough Diamonds (OJ L 327, 28.12.2002, p. 28), as last amended by Regulation (EC) No 1268/2008 (OJ L 378, 31.12.2002, p. 39), by introducing
1.
contrary to Article 3 of rough diamonds, or
2.
counteracting Article 11 rough diamonds.
(4) It is also punishable who is opposed to Council Regulation (EC) No 1236/2005 of 27 June 2005. June 2005 on trade in certain goods which could be used for the execution of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 327, 27.4.2005, p. 1, L 79, 16.3.2006, p. 32), as last amended by Regulation (EU) No 1352/2011 (OJ L 200, 30.7.2006, p. OJ L 338, 21.12.2011, p. 31), by running
1.
contrary to Article 3 (1), first sentence, of the goods referred to therein,
2.
contrary to article 3, paragraph 1, second sentence, technical assistance in connection with goods mentioned there,
3.
countered article 4, paragraph 1, first sentence, listed there,
4.
contrary to article 4, paragraph 1, sentence 2 technical assistance in connection with goods referred to there, or
5.
carrying out the goods referred to in Article 5 without the authorization referred to in Article 5.
, as referred to in Annex II or Annex III to Regulation (EC) No 1236/2005, these Annexes shall be applied in the relevant version.(5) Likewise, it shall be punished who is opposed to Council Regulation (EC) No 428/2009 of 5 June 2009. May 2009 laying down a Community regime for the control of exports, transfer, broking and transit of dual-use items (OJ L 327, 27.6.2009, p. 1, L 134, 29.5.2009, p. 21), by using
1.
without authorization pursuant to Article 3 (1) or Article 4 (1), 2 sentence 1 or (3) with dual-use purpose,
2.
contrary to Article 4 (4), second half-sentence, goods without decision of the competent authority over the permit requirement, or without the approval of the competent authority,
3.
performs a mediation activity without authorization pursuant to the first sentence of Article 5 (1), or
4.
-contrary to the second sentence of Article 5 (1) second half-sentence, a mediation activity without decision of the competent authority on the permit requirement or without the approval of the competent authority
As far as the provisions referred to in sentence 1 refer to Annex I to Regulation (EC) No 428/2009, this Annex shall apply in the version in force. In the cases referred to in point 2 of the first sentence, the exporter shall be the same person who shall enter the export by another person if the person is aware that the dual-use items are intended to be used in whole or in part for use in the sense of the Article 4 (1) of Regulation (EC) No 428/2009.(6) The experiment is punishable.(7) A term of imprisonment not less than one year shall punish those who are acting
1.
in the cases of paragraph 1 for the secret service of a foreign power,
2.
in the cases referred to in paragraphs 1 to 4 or in paragraph 5, or as a member of a gang, who has joined in the continued commission of such acts, or
3.
means an act referred to in paragraph 1 which relates to the development, manufacture, maintenance or storage of missiles for chemical, biological, or Nuclear weapons.
(8) With a custodial sentence of not less than two years, he shall be punished who, in the cases referred to in paragraphs 1 to 4 or in paragraph 5, as a member of a gang who has committed himself to continuing the commission of such acts, shall be punished for commercial purposes. .(9) In the cases referred to in paragraph 1 (2), (2) (1), (3), (4) or (6), in the first sentence of paragraph 4 or in the first sentence of paragraph 5 of paragraph 5, or in the first sentence of paragraph 5, action without authorisation shall be based on a threat, bribery or collusion , whether or not provided for by incorrect or incomplete information.(10) Paragraphs 1 to 9 shall apply, irrespective of the right of the crime of crime, even to acts committed abroad if the perpetrator is German.(11) In accordance with paragraph 1, also in conjunction with paragraphs 6, 7, 8 or 10, it shall not be punished who
1.
acts until the end of the second working day, which shall be applied to the Publication of the act in the Official Journal of the European Union, and
2.
from a ban or from an approval requirement adopted in the act Number 1 shall be ordered at the time of the deed.
Non-official table of contents

§ 19 Penal rules

(1) Contrary to the law who is negligently committing an act referred to in Article 18 (1) to (4) or (5).(2) The order is contrary to § 8 paragraph 5, also in connection with § 9 sentence 2, an indication not correct or not complete, or not used correctly or not completely.(3) An administrative offence is responsible for who intentionally or negligently
1.
of a legal regulation according to
a)
§ 4 (1) or
b)
§ 11 paragraph 1 to 3 or paragraph 4, or
of a fully-retractable arrangement The reason for such a regulation is contrary to the provisions of the legal regulation for a certain amount of the offence and does not punish the act in § 17 (1) to (4) or (5) or § 18 (2) with a penalty ,
2.
is an enforceable order in accordance with § 7 (1), (3) or (4), or § 23 (1) or (4) sentence 2,
3.
contrary to § 27, paragraph 1, first sentence, goods are not, not correct, not complete or not shown in good time,
4.
contrary to § 27, paragraph 3, a statement not, not correct, not complete or not in time, or
5.
contrary to § 27, paragraph 4, sentence 1, a consignment is not, not correct, not complete or not provided in time.
(4) Contrary to the law, who intentionally or negligently of a directly applicable provision in legal acts of the European Communities or of the European Union relating to the restriction of trade in external trade which is in accordance with the content of a scheme to which the provisions of
1.
Paragraph 3, paragraph 1, point (a) or
2.
Paragraph 3, point 1, letter (b
authorize, in so far as a regulation in accordance with the second sentence of the second sentence refers to this fine for a particular event, and the act is not punishable by penalty in § 18 (1), (3) to (5), (7) or (8). The Federal Ministry of Economics and Technology is hereby authorized, in so far as this is necessary for the implementation of the acts of the European Communities or the European Union, by means of a regulation without the consent of the Federal Council. to identify the facts which may be punishable as an administrative offence by the first sentence.(5) Contrary to the law of the European Communities or of the European Union published in the Official Journal of the European Communities or the European Union, an act of order which is contrary to the law of the European Communities or of the European Union which has been published in the Official Journal of the Implementation of an economic sanctions measure adopted by the Council of the European Union in the field of the common foreign and security policy, by means of
1.
information not delivered, not correct, not complete, or not timely,
2.
Prior notification not, not correct, not complete, not provided in the prescribed manner or not in time,
3.
a record of transactions not or not for the prescribed duration, or not provided or not available in time, or
4.
a competent authority or authority is not or is not
() In the cases referred to in paragraphs 1, 3 (1) (a) and 4 (1) (1), the administrative offence may be subject to a fine of up to five hundred thousand euros, in the other cases with a fine of up to Three thousand euro. Non-official table of contents

§ 20 Confiscation and expiring

(1) Is a criminal offence pursuant to § 17 or § 18 or an administrative offence pursuant to § 19 , the following items may be collected:
1.
Items to which the offence or the administrative offence relates, and
2.
Items that have been or have been used for their commission or preparation.
(2) § 74a of the Criminal Code and § 23 of the Law on Administrative Offences shall be applied.(3) In the cases of Section 17 (2) (2) or (3), also in conjunction with paragraph 7, and Section 18 (7) (2) or (8), also in conjunction with paragraph 10, § 73d of the Penal Code shall apply. Non-official table of contents

§ 21 Tasks and powers of the customs authorities

(1) The Public Prosecutor's Office may, in the case of criminal offences and administrative offences, be subject to the following conditions: § § 17 to 19 of this Act or in accordance with § 19 (1) to (3), § 20 (1) and (2), § 20a (1) to (3), also in conjunction with § 21, or pursuant to section 22a (1) (4), (5) and (7) of the Law on the Control of War Weapons Investigations Section 161 (1), first sentence, of the Code of Criminal Procedure can also be carried out by the main offices or the customs authorities. The managing authority within the meaning of the first sentence of Article 22 (3) may, in the cases of the first sentence, also have an investigation carried out by another main customs office or the customs office for customs purposes.2. The main offices and customs authorities and their officials shall also, without the request of the public prosecutor ' s office or the administrative authority, investigate and prosecute offences and offences of the type referred to in paragraph 1 where such offences and acts of law concerning the export, import, transfer or transit of goods. The same shall apply to the extent to which the risk is in default. § 163 of the Code of Criminal Procedure and Section 53 of the Law on Administrative Offences shall remain unaffected.(3) In the cases referred to in paragraphs 1 and 2, the officials of the main offices and the customs authorities shall have the rights and obligations of police officers in accordance with the provisions of the Code of Criminal Procedure and of the Code of Administrative Offences. They are the investigators of the Public Prosecutor's Office in this respect.(4) In the cases referred to in paragraphs 1 and 2, the main customs offices and customs authorities, as well as their officials, may seize seizures, searches and investigations, as well as other measures in accordance with those for investigators. Prosecutor's office shall apply the provisions of the Code of Criminal Procedure. Under the conditions laid down in § 111l (2) sentence 2 of the Code of Criminal Procedure, the main offices may also order the emergency disposal. Non-official table of contents

§ 22 Criminal Procedure and Penal Procedure

(1) As far as offences pursuant to sections 17 and 18 are concerned, the District Court is in fact competent to do so, the local jurisdiction shall lie with the district court in whose district the locally competent district court is situated. The State Government may, by means of a decree law, regulate the local jurisdiction of the local court, in so far as this is appropriate in view of the economic or transport situation, the structure of the administration or other local needs. appears. The Land Government may delegate this authorisation to the Land Justice Administration.(2) In criminal proceedings, § § 49, 63 (2) and (3) sentence 1 as well as § 76 (1) and (4) of the Act on Administrative Offences on the involvement of the administrative authority in the proceedings of the Public Prosecutor's Office and in the judicial proceedings shall apply mutagentily.(3) The administrative authority within the meaning of this Act and Section 36 (1) (1) of the Law on Administrative Offences is the main customs office. By means of a regulation which does not require the consent of the Federal Council, the Federal Ministry of Finance may, by way of derogation, regulate the local competence of the main customs office as managing authority in accordance with the first sentence, insofar as this is done with regard to the Economic or transport relations, administrative structure or other local needs are appropriate.(4) The prosecution as an administrative offence shall not be subject to the negligent conduct of a breach within the meaning of Article 19 (2) to (5) if the infringement has been detected by means of self-control and the competent authority has been indicated, and appropriate measures are taken to prevent an infringement for the same reason. An indication as referred to in the first sentence shall be deemed to be voluntary if the competent authority has not yet begun an investigation in respect of the infringement. In addition, Section 47 of the Act on Administrative Offences remains unaffected. Non-official table of contents

§ 23 General information obligation

(1) The main customs office, the Deutsche Bundesbank, the Federal Office for Economic Affairs and the Federal Office for Economic Affairs and the Federal Republic of Germany Export control (BAFA) and the Federal Agency for Agriculture and Food may require information which is necessary to comply with this law and the legal regulations and orders issued pursuant to this Act, as well as the Acts of the Council or of the Commission of the European Union in the field of external economic law. For this purpose, they may request that the business documents be submitted to them.(2) The main customs office and the Deutsche Bundesbank may also carry out audits of the information providers for the purpose referred to in paragraph 1; the Federal Office for Economic Affairs and Export Control (BAFA) and the Federal Institute for Agriculture and Rural Development (Bundesanstalt für Landwirtschaft und Bundesanstalt für Landwirtschaft und Bundesanstalt für Landwirtschaft und Bundesanstalt für Landwirtschaft und Bundesanstalt für Landwirtschaft Nutrition can send representatives to the exams. In order to carry out the examinations, the staff of these bodies and their agents shall be allowed to enter the premises of the parties responsible for providing information. The fundamental right of Article 13 of the Basic Law is limited to this extent.(3) The staff of the Federal Office for Economic Affairs and Export Control (BAFA) may enter the premises of the parties responsible for providing the information in order to obtain the conditions for the granting of authorisations pursuant to § 8 (2) or for the grant of To check certificates in accordance with § 9. The fundamental right of Article 13 of the Basic Law is limited to this extent.(4) Where the documents referred to in paragraph 1 have been drawn up using a data processing system, the managing authority and the Deutsche Bundesbank may, in the course of an examination, take an insight into the stored data and the Data processing system used to check these documents. Within the framework of an examination, they may also require that the data be evaluated automatically in accordance with their specifications or that the stored documents be made available to them on a machine-usable data carrier. To this end, it is necessary to ensure that the stored data are available for the duration of the statutory retention periods and that they can be made legible immediately and can be evaluated automatically without delay. The parties responsible for providing information shall assist the managing authority and the Deutsche Bundesbank in the exercise of the powers provided for in the first and second sentences of the first subparagraph and shall bear the costs.(5) The person responsible for providing information shall be responsible for the direct or indirect participation in the field of external trade.(6) The respondent may refuse to provide information on such matters, the answer of which would expose him or any of the members of the civil procedure referred to in paragraph 383 (1) (1) (1) to (3) of the Code of Civil Procedure to the person concerned for a criminal offence or to be prosecuted. Non-official table of contents

§ 24 Transmission of information by the Federal Office for Economic Affairs and Export Control (BAFA)

(1) The Federal Office of Economic and Export Control (BAFA) may provide the information, including personal data, which he/she has to carry out in the performance of his/her duties
1.
after this Law,
2.
under the War Weapons Control Act, or
3.
by legislative act of the European Union in the field of external economic law
shall be transmitted to other public authorities of the Federal Government, insofar as this is necessary for the purpose of pursuing the purposes of Article 4 (1) and (2) or for customs clearance.(2) By way of derogation from paragraph 1, information on the conscription of permits may only be provided insofar as this is necessary for the purpose of pursuing the purposes of § 4 (1) and (2).(3) The recipients may use the information provided pursuant to paragraphs 1 and 2, including personal data, only for the purposes for which they have been transmitted or to the extent to which they are responsible for the prosecution of criminal offences or administrative offences. in accordance with this law or a regulation under this law, or under the law on the control of weapons of war. Non-official table of contents

§ 25 Automated retrieval procedure

(1) The customs office is authorized to provide information, including Personal data which may be transmitted in accordance with Article 24 (1) and (2) in an individual case in an automated procedure, insofar as this is for the purposes of Section 24 (1) or for the prevention of criminal offences or for the prosecution of criminal offences or in the event of a lack of regularity.(2) The Customs Crime Office and the Federal Office for Economic Affairs and Export Control (BAFA) attach the cause and purpose of the retrieval procedure to the establishment of the retrieval procedure, as well as the nature of the data to be transmitted and those according to § 9 of the German Federal Data Protection Act (Bundesdatenschutzgesetz) Technical and organisational measures required in writing.(3) The establishment of the retrieval procedure requires the approval of the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Technology. The Federal Commissioner for Data Protection and Freedom of Information shall be informed of the establishment of the retrieval procedure, together with the notice of the stipulations referred to in paragraph 2.(4) The responsibility for the admissibility of the individual retrieval shall be borne by the Customs Crime Office. Calls in the automated procedure may only be made by staff who are particularly authorized to do so by the management of the customs criminal office.(5) The Federal Office for Economic Affairs and Export Control (BAFA) shall examine the admissibility of the calls only if there is reason to do so. It is necessary to ensure that the transfer of personal data can at least be determined and verified by appropriate sampling procedures. Non-official table of contents

§ 26 Transfer of personal data from criminal proceedings

(1) In criminal proceedings, for breach of this law or against a law on the basis of this Act or against the Law on the Control of War Weapons, Courts and Public Prosecutors shall be allowed to collect personal data for the purposes of Section 4 (1) and (2) shall be transmitted.(2) The data obtained pursuant to paragraph 1 may only be used for the purposes specified therein.(3) The recipient may only transmit the data to a public authority not referred to in paragraph 1 if
1.
is interested in the use of the transmitted data the interest of the person concerned in the secrecy is considerably outweighs and
2.
the investigation purpose of the criminal proceedings cannot be endangered.
Non-official table of contents

§ 27 Monitoring of freight, mail and travel services

(1) Goods that have been exported, introduced, introduced or carried out are to be presented on request. They may be subject to inspection and examination.Means of transport, luggage and other containers may be examined to determine whether they contain goods, the export, import, transfer or transit of goods is limited.(3) Any person travelling from or entering the country of the country shall, on request, declare whether he or she carries out goods, their export, import, transit or transfer under this Act or in accordance with a law adopted pursuant to this Act. Legal regulation is limited.(4) If goods are to be exported, the consignment must be sent to the customs authorities responsible for the export of goods. The details will be determined by a legal regulation pursuant to § 11. In order to facilitate the use of postal, freight and travel services, exemptions may be permitted by means of a legal regulation, insofar as this does not jeopardise the purpose of the surveillance.(5) The customs authorities shall monitor compliance with
1.
of the provisions of this Act,
2.
The provisions of this Act and
3.
acts of the European Union in the field of external trade
on the export, import, Shipment and transit. The Federal Ministry of the Interior shall designate the authorities of the Federal Police, which are responsible for monitoring the export of weapons and explosives; sentence 1 shall remain unaffected. Non-official table of contents

§ 28 Costs

(1) The customs authorities may apply the provisions of this Act or the provisions of this Act. (fees and expenses) shall apply to
1.
the copy outside of the office space or outside of the opening hours,
2.
the exhibition and Inspection of certificates or
3.
the examination of goods.
(2) In the cases referred to in paragraph 1, the costs and the procedure shall apply to the costs and to the procedure. their collection shall be subject to the provisions relating to costs levied on the basis of Section 178 of the Rules of the Tax Code.