Foreign Trade Law

Original Language Title: Außenwirtschaftsgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/awg_2013/BJNR148210013.html

Foreign Trade Act (AWG) AWG Ausfertigung date: 06.06.2013 full quotation: "Act of 6 June 2013 (Gazette I p. 1482)" footnote (+++ text detection from: 1.9.2013 +++) the G was decided as article 1 of the G v. 6.6.2013 I in 1482 by the Bundestag. It occurs as per article 4 para 1 sentence 1 of the 1.9.2013 into force. The §§ 4, 5 and 11 accordance with art. 4 para. 2 of the 14.6.2013 into force. The section 3 para 3, § 9 sentence 1, § 12, § 19 para 4 sentence 2, § 27 para 4, § 28 para. 2 according Article 27 paragraph 4 G v. 25.7.2013 I 2722 into force on the 1.8.2013.

Table of contents Part 1 legal transactions and actions § 1 principle article 2 definitions article 3 branches and permanent establishments section 4 restrictions and act obligations for the protection of public security and the foreign interests of § 5 subject to restrictions of § 6 single intervention section 7 single intervention in maritime transport outside of the German territorial sea section 8 granting of authorisations article 9 issuance of certificates part 2 supplementary provisions article 10 Deutsche Bundesbank § 11 procedural and reporting requirements section 12 adopt legal regulations § 13 powers for the adoption of acts of the Administration and for the reception of messages § 14 administrative acts section 15
Legally § 16 judgment and enforcement of part 3 criminal, fine - and monitoring requirements article 17 penal provisions article 18 penal provisions article 19 penalty provisions article 20 recovery and extended expiration section 21 tasks and powers of the Customs authorities of section 22 criminal and penalty procedures article 23 General accountability section 24 communication of information by the Federal Office of Economics and export control (BAFA) § 25 automated retrieval procedure article 26 transfer of personal data from criminal procedure § 27 interception of freight, mail and travel section 28 costs part 1 legal transactions and actions § 1 principle (1) the transport of goods , WACKER, capital, payment and other trade with foreign countries and the movement of foreign values and gold between nationals (foreign trade traffic) is basically free. It is subject to the restrictions that contains this Act or prescribed by regulation under this Act.
(2) without prejudice 1 provisions in other laws and regulations, 2. inter-governmental agreements, where the legislatures have approved in the form of a federal law and 3. legislation of the organs remain intergovernmental facilities, which the Federal Republic of Germany has transferred sovereign rights.

§ 2 of this law and the regulations issued on the basis of this Act, the definitions of paragraphs 2 to 25 apply definitions (1) unless otherwise provided in this Act or such legal regulation.
(2) exporter is any natural or legal person or partnership who is contract with the consignee in a third country and 1 for the delivery of goods from the inland to a third country at the time of export or 2. in the case of software or technology whose transfer from domestic to a third country including their provision by electronic means in a third country.
The right of disposal over the goods is entitled to after the export contract a foreigner, the domestic party is regarded as exporters. If no export contract or the contractual partner does not in itself, is so anyone who exports exporter is considered, actually determined.
(3) export is the delivery of goods domestically in a third country and 2. 1 the transfer of software and technology from Germany to a third country including their provision by electronic means for natural and legal persons in third countries.
(4) export consignment contains goods that an exporter running at the same time via the same Customs Office of exit to same destination.
(5) foreigners are all persons and partnerships, which are not residents.
(6) foreign values are 1 fixed assets abroad, 2 claims in euro against foreigners and 3 cash denominated in currencies other than the euro, receivables and securities.
(7) the country of destination is the country in which the goods used or consumed, processed or are to or, if this country is not known, the last known country in which the goods are to be delivered.
(8) third countries are the territories outside of the customs territory of the European Union with the exception of Heligoland.
(9) transit is 1st without that get the goods domestically in the release for free circulation, the movement of goods from abroad by domestic, and 2. the carriage of goods of released for free traffic from another Member State of the European Union through the domestic.
(10) an importer is any natural or legal person or partnership, the 1.
Were third in the domestic supplies delivered and determined by the delivery of goods or determined 2. in the case of software or technology whose transfer from third countries in the country including their provision by electronic means in the domestic.
Imports is based on a contract with a Union stranger on the purchase of goods for the purpose of the import is only the domestic party importers.
(11) import is the delivery of goods from third countries in the domestic and 2. 1 the transmission of software or technology including its provision by electronic means for natural and legal persons in the country.
Products from third countries into a free zone are delivered or in a procedure placed, so an import exists only if the goods are 1 in free zone used, consumed, processed or or be transferred 2. the release for free circulation.
(12) the country of purchase is the country in which the Union stranger is established, from which the Unionsansässige purchases the goods. This country also considered country when resold the goods to a different Unionsansässigen. Is not a legal transaction relating to the purchase of goods between a Unionsansässigen and a Union strangers, the country in which the designated person is established, which introduces the goods into the customs territory of the European Union is a purchasing land. Is the designated person who imports the goods into the customs territory of the European Union, located in the customs territory of the European Union, the country of consignment deemed to country of purchase.
(13) goods are goods, software and technology. Technology includes also documents relating to the production of goods or parts of goods.
(14) trading and brokerage business is teaching a contract relating to the acquisition or the transfer of goods, 2 1 proof of an opportunity at the conclusion of such a contract or 3. the conclusion of a Treaty on the transfer of goods.
No trading and brokerage is the exclusive provision of aid. Considered aid to transportation, financial services, insurance or reinsurance or general advertising or sales promotion.
(15) residents are 1 natural persons domiciled or habitually resident in Germany, 2. legal entities and partnerships with seat or place the pipe in the domestic, 3 branches entities or partnerships, and 4. operations of foreign legal entities or partnerships in the domestic foreign legal if the branches have their line domestically and there is a separate accounting for them, if the premises have their administration in the country.
(16) technical support is any technical assistance in connection with repair, development, manufacturing, Assembly, testing, maintenance or any other technical service. Technical support can be in the form of education, training and dissemination of practical knowledge or skill, or in the form of consulting services. It includes also verbally, by telephone, and electronic forms of support.
(17) merchanting is any business in which residents abroad acquire any goods or supplied in the domestic, but legally import still not handled goods by foreigners and sell to foreigners. Transactions are equal the transit trade, where these goods are sold with the aim of the sale to foreigners to other residents.
(18) Unionsansässige are 1 natural persons domiciled or habitually resident in the European Union, 2 legal entities or partnerships branch offices of legal persons whose seat or place the line in a third country with seat or place of management in the European Union, 3, if the branches have their line in the European Union and there is a separate accounting for them , and 4 branches of legal entities from third countries, if the premises have their management in the European Union.
(19) Union strangers are all persons and partnerships, which are not Unionsansässigen.
(20) shipping provider is the shipment of goods any natural or legal person or partnership, determined and at the time of the shipment is 1 in the case of paragraph 21, number is 1 contract with the consignee in the customs territory of the European Union or 2. in the case of paragraph 21 2 contract with the consignee in the country is number.
The right of disposal over the goods are entitled to the shipment contract a foreigner, the domestic party is regarded as shipping provider. If no shipment contract or the contractual partner does not in itself, is so is crucial, who actually controls the movement.
(21) movement is 1 the supply of goods or the transmission of software or technology domestically in the rest of the European Union customs territory including their provision by electronic means for natural and legal persons in the other customs territory of the European Union, and 2. the delivery of goods or the transmission of software or technology from the other customs territory of the European Union in the country including their provision by electronic means for natural and legal persons in the country.
(22) were movable property which may be the subject of commercial transactions, and electricity are. Securities and means of payment are not goods.
(23) the value of a good is the fee asked the invoice recipient or, in the absence of a recipient or a detectable amount, the statistical value within the meaning of the provisions on the statistics of the cross-border movement of goods. A legal transaction or act as part of a single economic series presents itself, the value of the whole is in the application of the value limits of this Act or a regulation under this Act to be based.
(24) securities are 1 securities in the sense of § 1, clause 1 of the custody Act 2 shares at a paper deposits of value of, or to a collective debt register claims, 3. rights on delivery or assignment of securities within the meaning of numbers 1 and 2. domestic securities are securities, the a national or a person residing or established in the territory of the German Reich issued before May 9, 1945, as of December 31, 1937. Foreign securities are securities issued by a foreigner, as far as they are not domestic securities.
(25) customs territory of the European Union is the European Community's customs territory referred to in article 3 of Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the customs code (OJ L 302 of the 19.10.1992, p. 1) in the currently valid version.

Article 3 domestic branches and permanent establishments of foreign nationals and foreign branch offices and premises by residents considered branch offices and operations (1) legally independently. Several domestic branch offices and operations of the same foreigner deemed a domestic branch or permanent establishment.
(2) actions which are performed by or against branches or permanent establishments within the meaning of paragraph 1, are considered legal transactions, insofar as such actions in the relationship between natural or legal persons or partnerships were legal transactions.
(3) by a regulation under this Act or executable arrangement in accordance with § 6 it may be provided that 1 several foreign branches and permanent establishments of the same resident by way of derogation from paragraph 1 sentence 1 as a foreigner apply, 2. domestic branches and permanent establishments of the same alien by way of derogation from paragraph 1 set 2 each for themselves as residents, 3. branches and permanent establishments by derogation from § 2 paragraph 5 and 15 as foreigners or nationals apply or 4 branches and permanent establishments derogation from § 2 paragraph 18 and 19 as Unionsansässige or Union strangers shall apply.

Restrictions and act obligations for the protection of public security and the foreign interests (1) foreign trade transport can § 4 transactions by regulation and limited actions or action duties are arranged 1 to ensure the essential security interests of the Federal Republic of Germany, 2. to prevent a disruption of the peaceful coexistence of peoples, 3. to prevent a significant disruption of external relations of the Federal Republic of Germany, 4 the public order or security of the Federal Republic of Germany within the meaning of article 36 , 52 to ensure (1) and of article 65 (1) of the Treaty on the functioning of the European Union or to counteract 5. endangering the vital needs at home or in parts of the domestic, and this in accordance with article 36 of the Treaty on the functioning of the European Union to protect the health and life of people.
(2) also can limited by Legislative Decree legal transactions and acts in foreign trade transactions or act duties assigned, 1 decisions of the Council of the European Union on economic sanctions in the field of the common foreign and security policy to implement, 2. obligations of the Member States of the European Union making, which are directly applicable legislation of the European Union for the implementation of economic sanctions in the field of the common foreign and security policy , 3. resolutions of the UN Security Council to implement or to implement 4. inter-governmental agreements, where the legislatures have approved in the form of a federal law.
Shall 3 pursuant to paragraphs 1 and 2 the arrangement of approval requirements or prohibitions be considered restriction.
(4) restrictions and act obligations are type and size to the size limit, which is necessary to achieve the purpose specified in the authorization. You must be so that as little as possible intervention in the freedom of economic activity. Restrictions and act obligations may touch only contracts if the purpose specified in the authorization is significantly compromised. You are to pick up as soon and as far as the reasons which justify their arrangement, no longer exist.

In particular arranged § 5 subject to restrictions (1) restrictions or act obligations pursuant to § 4 paragraph 1 can be for legal transactions or acts in respect of 1 weapons, ammunition and other military goods as well as goods for the development, production or use of weapons, ammunition and armaments; This is particularly true if the restriction serves international cooperation agreed export controls carried out in 2. goods which are intended to carry out military action.
(2) restrictions or act obligations pursuant to § 4 paragraph 1 number 4 can be arranged in particular in relation to the acquisition of domestic companies or shares in such company by Union foreign purchaser, if as a result of the acquisition, the public order or security number 4 is compromised of the Federal Republic of Germany in accordance with article 4, paragraph 1. This implies that exists a genuine and sufficiently serious threat affecting a fundamental interest of society. Union foreign purchaser from the Member States of the European Free Trade Association are of the same Union-based buyers.
(3) restrictions or act obligations pursuant to § 4 paragraph 1 No. 1 can in particular be arranged in relation to the acquisition of domestic companies or shares in such companies by foreigners, to ensure essential security interests of the Federal Republic of Germany, if the domestic company 1 make war weapons or other defence equipment or develop or manufacture products with IT security functions for the processing of State classified information or for the IT security function essential components of such products 2. or have made and still have the technology , if the overall product with knowledge of the company by the Federal Office for security in information technology has been approved.
This is particularly true if the security interests of the Federal Republic of Germany or the military security are at risk as a result of the acquisition.
(4) restrictions or act obligations pursuant to § 4 paragraph 1 number 5 can be arranged also in relation to goods which are not mentioned in paragraph 1. This implies that exists a genuine and sufficiently serious threat affecting a fundamental interest of society.
(5) restrictions or act obligations pursuant to § 4 paragraph 1 can be arranged also in relation to transactions or acts of German abroad, which refer to the goods in the sense of paragraph 1, including their development and production.

Legal transactions can § 6 individual intervention (1) foreign trade transport by administrative act or acts is limited or action duties are arranged, to avert a danger in some cases for the legal interests mentioned in article 4, paragraph 1.
(2) the arrangement occurs six months after its adoption override, unless the limitation or obligation is prescribed by regulation.
(3) 4 paragraph 3 and 4, and article 5, paragraph 5 shall apply mutatis mutandis §.

To avert § 7 single intervention in the maritime transport outside of the German territorial sea (1) existing in the individual case harm to the legal interests mentioned in article 4, paragraph 1, which seaward side caused the border of the German territorial sea through carriage of goods on board a ship flying the U.S. flag, in particular measures for steering, acceleration and restriction on the carriage of goods as well as the envelope and the discharge of the goods can be arranged according to § 6 paragraph 1.
(2) the measures referred to in paragraph 1 may be directed against the owner, the supplier, the charterer, the skipper or the other holder of actual violence.
(3) the owner, supplier, charterer, boat operator or other owners that actual violence is obliged, on request to disclose immediately over 1 nature and scope of the charge, 2. the since the last expiration of laid back and the intended itinerary, 3. the estimated travel time and 4. the port of destination.
(4) the owner of a ship operated in the seagoing vessels under a foreign flag, which is registered in a German ship register, ensures that to avert of a threat to the legal interests mentioned in article 4 paragraph 1 upon request the required information immediately and to the same extent be transferred as provided in paragraph 3 for ships flying the flag of the Federal.
(5) 4 paragraph 3 and 4, article 5, paragraph 5, and article 6, paragraph 2 shall apply mutatis mutandis section.

Article 8 granting of authorisations (1) transactions require or after a provision of this Act or a regulation under this Act of an authorisation, approval granted if you expect acts is so that any modification of the legal transaction or the Act the purpose of the provision do not or only marginally at risk. In other cases, the permit may be granted if the national economic interest in effecting the legal transaction or the plot outweighs the prejudice related to the purpose specified in the authorization.
(2) the granting of approval can be made dependent on factual and personal requirements, in particular the reliability of the applicant. The same applies to the issuance of certificates of the Federal Office for Economics and export control (BAFA), that an export requires no approval.
(3) the granting of authorisations limited is possible with regard to the purpose of the rule is, the permits are to grant that the possibilities can be exploited economically expedient way.
(4) Unionsansässige, which especially are affected by a restriction pursuant to paragraph 3 in the exercise of their profession, can be considered preferred.
(5) the applicant has set to make 2 complete and correct information or use sentence 1 or a certificate when applying for a permit referred to in paragraph 1 according to paragraph 2.

§ 9 issuance of certificates by a regulation under this Act can be provided by certificates issuing, as far as this to the certification referred to in article 9 of the directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 to simplify the conditions for intra-EU transfers of defence-related products (OJ OJ L 146 of the finalised, p. 1) is required. Article 8, paragraph 5 shall apply mutatis mutandis.
Part 2 supplementary provisions § 10 German Bundesbank restrictions according to a provision of this Act or a regulation adopted on the basis of this Act or enforceable order which makes the Deutsche Bundesbank in the scope of their business or which are made her do not apply to legal transactions and actions.

§ 11 procedure and reporting rules (1) by regulation may be adopted rules of procedure 1 for the implementation of this Act and regulations due to this law, 2. to check the legality of legal acts or actions in foreign trade transactions and 3 implementing a) the provisions of the European treaties, including the protocols associated with them, b) of the agreement between the European Union and c) of acts of the European Union on the basis of the contracts referred to in letters a and b and agreements.
(2) by a regulation it can be arranged that legal transactions and actions in foreign trade transactions, to report arising under receivables and liabilities as well as assets and the performance and acceptance of payments, stating the right reason from them are, so that 1 can be used to determine whether the conditions for the cancellation, relief, or arrangement of restrictions exist, 2. at any time the balance of payments can be created of the Federal Republic of Germany , 3. the perception of the foreign political interests is ensured or 4. obligations arising from intergovernmental agreements or international export control regimes can be met.
(3) as the guarantee for the purposes of paragraph 2 number 1 to 4 can be ruled by Decree, that the stand and selected positions of the composition of the assets of residents abroad and by foreigners in the domestic are reported to. A direct or indirect interest in a company that belongs to the reportable assets can be arranged, that also the stand and selected positions of the composition of the assets of the company to report are, where participation is.
(4) by a regulation also recording and archiving requirements can to enable the verification number 2 referred to in paragraph 1 or be prescribed to the fulfilment of reporting obligations under paragraphs 2 and 3.
(5) the articles 9, 15 and 16 of the Federal Statistics Act are to apply in the cases according to the provisions of paragraphs 2 and 3.

§ 12 adoption of Ordinances (1) Regulations under this Act shall be adopted by the Federal Government. Pursuant to article 4, paragraph 2, the Federal Ministry of Economics and technology in agreement with the Ministry of Foreign Affairs and the Federal Ministry of finance will issue regulations notwithstanding sentence 1.
(2) the regulations require not the consent of the Federal Council.
(3) in the case of provisions relating to capital and payments, or the marketing of foreign values and gold, the liaison with the German Central Bank is to produce.
(4) the regulations are to immediately inform the Bundestag and the Bundesrat after their promulgation. The Federal Council may issue an opinion within four weeks to the Bundestag. The legal regulations are immediately to lift, so far as it requires the Parliament within four months after its promulgation.
(5) paragraph 4 shall not apply to regulations, through which the Federal Government or the Federal Ministry of Economics and technology in accordance with § 4 paragraph 2 has placed restrictions on the goods, capital or payment transactions with foreign countries or eliminated.

§ 13 responsibilities for the adoption of acts of the Administration and for the reception of messages (1) for the adoption of acts of the Administration and receiving of messages on the basis of this Act and the regulations adopted pursuant to this law, as well as on the basis of acts of the Council or of the Commission of the European Union in the field of foreign trade law is the Federal Office of Economics and export control (BAFA) , unless this Act or on the basis of a regulation adopted pursuant to this act otherwise determined.
(2) the German Federal Bank in terms of capital and payments, as well as the movement of foreign values and gold are exclusive jurisdiction 1, unless the following otherwise, 2. the Federal Ministry of Economics and technology a) in the case of article 6 paragraph 1 in agreement with the Ministry of Foreign Affairs and the Federal Ministry of finance; measures relating to the areas of the capital and payment transactions or the marketing of foreign values and gold, the liaison with the German Central Bank is to produce b) in the case of § 7 in agreement with the Ministry of Foreign Affairs and the Federal Ministry of transport, building and urban development, c) in the case of § 4 paragraph 1 number 4 in conjunction with article 5, paragraph 2, and a regulation adopted on the basis of these regulations; a prohibition or issuing regulations in relation to an acquisition within the meaning of article 5, paragraph 2 requires the consent of the Federal Government, d) in the case of article 4, paragraph 1 number 1 in connection with article 5, paragraph 3, and a decree issued on the basis of these regulations in agreement with the Ministry of Foreign Affairs and the Ministry of defence and in the case of § 4 paragraph 1 number 1 in conjunction with § 5 paragraph 3 number 2 and one on why of these rules adopted by Legislative Decree also in agreement with the Federal Ministry of the Interior, 3. the Federal Ministry for transport, building and urban development arrangements in the area of services in the field of transport according to § 4 paragraph 1 and 2 in connection with one on the basis of that provision adopted by Legislative Decree, 4. the Federal Ministry of finance for arrangements in the area of services on the territory of insurance after § 4 paragraph 1 and 2 in connection with a legal regulation adopted on the basis of that provision , 5. the Federal Agency for agriculture and food for arrangements in the area of goods and services according to article 4 paragraph 1 and 2 in connection with a legal regulation adopted on the basis of that provision within the framework of the common market organisations of the European Union for products of the food and agriculture.
(3) in the cases of paragraph 2 number 3 and 4 can transfer its jurisdiction there called task management the competent Federal Ministry to a federal authority or federal agency of his Division.

§ 14 administrative acts
(1) administrative acts can be equipped with auxiliary regulations under this Act or a regulation adopted on the basis of this Act. The administrative acts are not transferable, if not otherwise determined in them.
(2) opposition and legal challenge have no suspensive effect.

§ 15 legally (1) a legal transaction that is made without the requisite authorization, is ineffective. It will be by the time of his execution on effective, if it is subsequently approved or the approval is subsequently eliminated. By the retroactive effect, rights are not affected third parties, which are been founded prior to approval on the subject of the legal transaction.
(2) is for thereto any transaction regarding the acquisition of a domestic company or a direct or indirect interest in a domestic company a right of inspection on the basis of § 4 paragraph 1 number 4 and § 5 paragraph 2 in connection with a legal regulation adopted on the basis of these rules and this test right is connected with an empowerment of the Federal Ministry of Economics and technology, after obtaining the consent of the Federal Government to prohibit the purchase within a certain period , so the entry of the legal effects of the legal transaction stands until the end of the entire test procedure resolution provided that the Federal Ministry of Economics and technology prohibited the purchase within the time limit.
(3) a legal transaction that serves the full of acquisition of a domestic company or a direct or indirect interest in a domestic company is floating ineffective, if on the basis of § 4 paragraph 1 number 1 and article 5 paragraph 3 in connection with a legal regulation adopted on the basis of those provisions is a reporting obligation associated with an empowering of the Federal Government to prohibit the purchase within a certain period. The legal transaction is from the time of its making in effective if the Federal Ministry of Economics and technology releases it in writing or within the time limit pursuant to sentence 1 does not prohibit the acquisition. Paragraph shall apply accordingly 1 sentence 3.

Section 16 requires judgment and enforcement (1) a permit to a performance of the debtor, so a judgment before issuing may be only the approval, if a reservation is included in the formula of the judgment, that the performance or enforcement may take place only if approval is granted. The same applies for other enforcement if enforcement only on the basis of an enforceable copy of the title can be performed. Arrests and restraining orders, serve only the securing of the underlying claim, can be issued without reservation.
(2) a permit is a performance of the debtor required to, so enforcement is permitted only if and insofar as the authorisation is granted. As far as assets may be purchased or sold without permission, this also applies to the acquisition and disposal by means of forced execution.
Part 3 criminal, fine - and monitoring requirements article 17 penal provisions (1) one year up to ten years is who legal regulation according to § 4 paragraph 1, which serves the implementation 1 an economic sanction adopted by the Security Council of the United Nations under Chapter VII of the Charter of the United Nations, or 2 one of the Council of the European Union in the field of the common foreign and security policy punished with imprisonment, , or an enforceable order on the basis of such a decree is contrary to, as far as the Decree I refers to section A of the export list goods of the part and referenced by this regulation for a specific offence.
(2) who is 1 for the intelligence service of a foreign power in the cases of paragraph 1 or professional or a member of a gang is 2, which is connected to the continued Commission of such acts penalized with imprisonment not less than one year.
(3) will be punished with imprisonment not under two years of age, who in cases of paragraph 1 as a member of a gang which has combined for the continued Commission of such acts, is professional.
(4) in less serious cases of paragraph 1, the punishment is imprisonment from three months up to five years.
(5) the perpetrators in the cases of paragraph 1 are lightly, so the penalty is imprisonment up to three years or a fine.
(6) in the cases of referred to in paragraph 1 acting on the basis of authorisation obtained by threat, bribery or collusion or action through false or incomplete declarations is equivalent to an action without permission.
(7) paragraphs 1 to 6, regardless of the law of the crime scene, also apply to acts committed abroad, if the German is.

§ 18 penal provisions (1) three months up to five years is who 1st punished with imprisonment, a) export, import, transit, vaccination -, sales, purchase, delivery, deployment, share, service or investment ban, or b) prohibition of disposal of frozen funds and economic resources one in the official journal of the European communities or of the European Union of published directly applicable legal act of the European communities or the European Union contravenes , which carry out one is used by the Council of the European Union in the field of the common foreign and security policy adopted economic sanction or 2 against a permit requirement for a) the export, import, transit, movement, a sale, a purchase, a delivery, deployment, deployment, services or investment or b) the disposition of frozen funds or economic resources one is contrary in the official journal of the European communities or of the European Union of published directly applicable legal act of the European communities or of the European Union , which carry out one is used by the Council of the European Union in the field of the common foreign and security policy adopted economic sanction.
(2) with imprisonment up to five years or will be punished by fine, who against the German foreign trade regulations is, by such goods running 1 without approval according to article 8, paragraph 1, article 9, paragraph 1 or § 78, 2. contrary to article 9 paragraph 2 sentence 2 there performs such goods, 3. without permission according to § 11 paragraph 1 sentence 1 there spends such goods, 4 without permission according to § 46 paragraph 1 , also in conjunction with article 47, paragraph 1, or without authorization pursuant to article 47 paragraph 2 makes a trading and brokerage business, makes a trading and brokerage 5. contrary to section 47, paragraph 3, sentence 3, 6 without permission according to § 49 paragraph 1, article 50, paragraph 1, article 51, paragraph 1 or paragraph 2 or article 52 paragraph 1 provides technical support or 7 contrary to article 49, paragraph 2, sentence 3 , Section 50, paragraph 2, sentence 3, section 51, paragraph 3, clause 3, or article 52, paragraph 2, sentence 3 provides technical support.
(3) as is who against regulation (EC) punished, no. 2368 / 2002 of 20 December 2002 on the implementation of the Kimberley process for international trade certification scheme in rough diamonds (OJ L 358 of 31.12.2002, p. 28), most recently by Regulation (EC) No. 1268/2008 (OJ L 338 of December 17, 2008, p. 39) is changed, violates, by introducing 1 contrary to article 3 rough diamonds or running 2. contrary to article 11 rough diamonds.
(4) likewise is who against regulation (EC) punished, no 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for the execution of the death penalty, to torture or to other cruel, inhuman or degrading treatment or punishment (OJ L 200 of the 30.7.2005, p. 1, L 79 of the 16.3.2006, p. 32), most recently by Regulation (EU) No. 1352/2011 (OJ L 338 of 12, S. 31) has been changed, violates, by he 1 contrary to article 3 paragraph 1 sentence 1 where such goods runs, 2. contrary to article 3 paragraph 1 provides technical help related to listed goods set 2, 3. contrary to article 4 paragraph 1 sentence 1 where such goods imports, 4. contrary to article 4 paragraph 1 sentence 2 takes technical assistance related to listed goods or 5 goods there called without authorization referred to in article 5 performs.
Insofar as the regulations referred to in sentence 1 No. 1236/2005 reference II or annex III to Regulation (EC) annex, these annexes in the respectively valid version shall apply.
(5) shall be similarly who against regulation (EC) punished, no 428 / 2009 of the Council by May 5, 2009 on a Community regime for the control of exports, the movement, the mediation and the transit of goods with dual-use (OJ Violates L 134 of the 29.5.2009, p. 1, L 224 of the 27.8.2009, p. 21), by he 1 without approval according to article 3 paragraph 1 or article 4 paragraph 1, 2 sentence 1 or paragraph 3 dual use goods runs, 2. contrary to article 4 paragraph 4 second half-sentence, goods without a decision of the competent authority of the authorisation or without authorisation of the competent authority performs , 3. without approval according to article 5 paragraph 1 sentence 1 a mediation provides or 4. contrary to article 5 paragraph 1 sentence 2 second half-sentence provides a mediation without the decision of the competent authority of the authorisation or without authorisation of the competent authority.
As far as the regulations referred to in sentence 1 Annex I of to Regulation (EC) reference no. 428 / 2009, this appendix in the respectively valid version shall apply. In the cases of the set 1 number 2 is just a person the exporter who commits the exports by another, if the person is known, that the dual use goods wholly or in part for any use within the meaning of article 4 (1) of Regulation (EC) no 428 / 2009 are intended.
(6) the attempt is punishable.
(7) will be punished with imprisonment not less than one year who is 1 in the cases of paragraph 1 for the intelligence service of a foreign power, of paragraphs 1 to 4 or of paragraph 5 Professional or a member of a gang is 2nd in the cases, which are connected to the continued Commission of such acts, or 3 commits an act referred to in paragraph 1, , that the development, production, maintenance or storage of missiles for chemical, biological or nuclear weapons relates to.
(8) with imprisonment under two years it will be punished who is professional in the cases of paragraphs 1 to 4 or of paragraph 5 as a member of a gang, which is connected to the continued Commission of such acts.
(9) in the cases of paragraph 1 number 2, the paragraph 2 number 1, 3, 4 or no. 6, paragraph 4 sentence 1 number 5 or paragraph 5 sentence 1 is an action without permission right action on the basis of authorisation obtained by threat, bribery or collusion or action by inaccurate or incomplete information.
(10) paragraphs 1 to 9, regardless of the law of the crime scene, also apply to acts committed abroad, if the German is.
(11) pursuant to paragraph 1, each also in combination with paragraph 6, 7, 8 or paragraph 10, it is not punished who is 1st to the end of the second business day following the publication of the Act in the official journal of the European Union, and 2. a ban or an approval that is arranged in the Act referred to in point 1, at the time of the crime has no knowledge.

§ 19 penalty provisions (1) any person is who act referred to negligently commits a in § 18 paragraph 1 to 4 or 5.
(2) any person who violates article 8 paragraph 5, in conjunction with § 9 clause 2, makes an indication of incorrect or incomplete or incorrectly or not fully used is.
((3) any person who intentionally or negligently 1 trades, a decree after a) § 4 paragraph 1 or b) contravenes section 11 paragraph 1 up to 3 or 4 or an enforceable order on the basis of such legal regulation as far as the legal regulation for a specific offence on this fine provision refers and the Act not in § 17 paragraph 1 to 4 or paragraph 5 or § 18 paragraph 2 with penalty is threatened , 2. an enforceable order according to § 7 paragraph 1, 3 or 4 or § 23 paragraph 1 or paragraph 4 sentence 2 contravenes, 3. contrary to section 27 1 set not, incorrectly, incompletely or not in time shows before paragraph 1 goods, a statement not, incorrectly, incompletely or not in time is from 4. contrary to article 27 paragraph 3 or 5 contrary to § 27, paragraph 4, sentence 1 is a program not , not, not fully or not timely made.
(4) it is any person who wilfully or negligently contravenes a directly applicable provision in legislation of the European communities or of the European Union on the restriction of foreign trade traffic, content a control corresponding to that in 1.
(3) number number empower 1(a) or 2 paragraph 3 1 letter of b legislation, as far as a legal regulation pursuant to sentence 2 for a specific offence on this fine provision refers, and the Act in article 18, paragraph 1, 3 to 5, 7 or paragraph 8 with punishment is threatened. The Federal Ministry of Economics and technology is authorized, as far as this is necessary for the carrying out of acts of the European communities or the European Union to refer to facts that can be punishable as a misdemeanor pursuant to sentence 1 by Decree without the consent of the Federal Council.
(5) is any person who intentionally or negligently contravenes published directly applicable legal act of the European communities or of the European Union, which serves the implementation of an economic sanction decided by the Council of the European Union in the field of the common foreign and security policy, one in the official journal of the European communities or the European Union, by sending it a piece of information not, incorrectly, incompletely or not in time 1 , 2. a prior notification not, not properly, not complete, is not in the prescribed manner or in a timely manner, 3. not or not kept a record of transactions for the prescribed duration or not or in time makes available or 4 not or not timely inform a competent body or authority.
(6) the offence may in the cases of paragraph number 1, 3 1(a) and paragraph 4 sentence 1 number 1 with a fine of up to five hundred thousand euros, in other cases a fine punishable up to thirty thousand euro.

Article 20 recovery and extended expiration (1) has been committed an offence under article 17 or article 18, or a misdemeanor according to § 19, so the following items can be withdrawn: 1 items to which the offence or the offence relates, and 2., have been used to commit or prepare or have been determined.
(2) section 74a of the Penal Code and article 23 of the code of administrative offences are to be applied.
(3) in the cases of § 17 paragraph 2 number 2 or 3 paragraph, each also in combination with paragraph 7, and article 18, paragraph 7 number is 2 or paragraph 8, also in connection with paragraph 10, to apply article 73d of the Penal Code.

Article 21 functions and powers of the Customs authorities (1) the public prosecutor's Office can for crimes and offences according to §§ 17-19 of this Act or according to § 19 paragraph 1 to 3, article 20 paragraph 1 and 2, section 20a paragraph 1 to 3, also in conjunction with section 21, or according to § 22a para 1 number 4, 5 and 7 of the Act on the control of weapons of war investigations according to § 161 paragraph 1 sentence 1 of the code of criminal procedure also by the main customs offices or by the customs investigation offices make. The managing authority within the meaning of section 22 paragraph 3 sentence 1 can carry out in the cases of the set 1 investigation by a different main customs office or by the customs investigation offices.
(2) the main customs offices and the customs investigation offices and whose officials have even without request of the public prosecutor's Office or the administrative authority to investigate criminal offences and administrative offences of the kind referred to in paragraph 1 and to pursue, if these relate to the export, import, transfer or transit of goods. The same is true as far as the imminent danger. without prejudice to article 163 of the code of criminal procedure and article 53 of the code of administrative offences.
(3) in the cases of paragraphs 1 and 2, the main customs offices and the offices of the customs investigation officials have the rights and obligations of police officers under the provisions of the code of criminal procedure and the code of administrative offences. You are identifying persons of the public prosecutor's Office in this respect.
(4) in the cases of paragraphs 1 and 2, the main customs offices and customs investigation offices can, as well as their officials in the NCRT seizures, searches and investigations, as well as other measures according to the code of criminal procedure applicable to determine persons of the public prosecutor's Office. Under the conditions of § 111l paragraph 2 sentence 2 of the code of criminal procedure can also the main customs offices that arrange emergency disposal.

Section 22 criminal and penalty proceedings (1) if the Court is objectively responsible for criminal offences pursuant to §§ 17 and 18, is the territorial jurisdiction with the District Court in whose district the territorial jurisdiction of the country has its headquarters. By way of derogation, the provincial government can regulate the territorial jurisdiction of the District Court Ordinance extent deemed appropriate with regard to the fields of economics or traffic conditions, building the management or other local needs. The provincial government can confer on the land administration of Justice this empowerment.
(2) in criminal proceedings the § § 49, 63 (2) and 3 sentence 1, § 76 para 1 and 4 of the code of administrative offences concerning the participation of the authority in the proceedings of the public prosecutor's Office and the judicial procedures apply accordingly.
(3) number 1 of the code of administrative offences is the main customs office in terms of this law and article 36, paragraph 1 the administration. By way of derogation, the Federal Ministry of finance can regulate the territorial jurisdiction of the Hauptzollamt as the managing authority in accordance with sentence 1 by legal Ordinance which shall not require the consent of the Federal Council, insofar as this is appropriate with respect to the economics or traffic conditions, the building of the administration or other local needs.
(4) the prosecution as a misdemeanor is omitted in cases of negligent committing an infringement within the meaning of § 19 paragraph 2 to 5, if the violation in the way of the internal control was revealed and displayed the competent authority, as well as appropriate measures to prevent violation of the same reason. An advertisement is considered pursuant to sentence 1 voluntary, if the competent authority with regard to the infringement has yet no investigations. In addition, article 47 of the code of administrative offences remains unaffected.

§ 23 General information disclosure (1) the main customs office, the Deutsche Bundesbank, the Federal Office of Economics and export control (BAFA) and the Federal Agency for agriculture and food can demand information that are required to comply with this law and on the basis of this Act issued legal orders and directives, as well as by acts of the Council or of the Commission of the European Union in the field of foreign trade law to monitor. For this purpose, they may require that the business documents are presented to them.
(2) the main customs office and the Bundesbank can make also checks for the respondents for the purpose referred to in paragraph 1; the Federal Office of Economics and export control (BAFA), and the Federal Agency for agriculture and food can send representatives to the tests. To carry out of the checks, the officials of these bodies and their agents may enter the business premises of the respondents. The fundamental rights of laid down in article 13 of the basic law is limited in this respect.
(3) the staff of the Federal Office for Economics and export control (BAFA) may enter the premises of the respondents to verify the conditions for the granting of authorisations pursuant to article 8, paragraph 2, or for the granting of certificates pursuant to § 9. The fundamental rights of laid down in article 13 of the basic law is limited in this respect.
(4) are the documents have been created pursuant to paragraph 1, with the use of a data processing system, so the managing authority and the Deutsche Bundesbank in the scope of an inspection may inspect the stored data and use the data processing system of examination of these documents. You can during a test also require that automates the data according to your specifications be evaluated or the stored documents on a machine usable disk made available to them. This is to ensure that the data stored for the duration of the statutory retention periods are available and that they can be made readable without delay and immediately automatically evaluated. The respondents have to assist the managing authority and the Deutsche Bundesbank in the exercise of powers pursuant to sentences 1 and 2, and to bear the costs.
(5) the onus is, who participates directly or indirectly in the foreign trade traffic.
(6) the party may refuse the information on such questions whose answering persecuted himself or one who would expose number 1 to 3 of the code of civil procedure referred to members of the danger in § 383 paragraph 1, for a crime or offence to be.

Article 24 submission of information by the Federal Office of Economics and export control (BAFA) (1) the Federal Office of Economics and export control (BAFA) may the information, including personal information, that him at fulfilling its tasks 1 according to this law, 2. According to the law on the control of weapons of war or 3rd according to acts of the European Union in the field of foreign trade law have become known, to other public bodies of the Federation , as far as this to the pursuit of the purposes of article 4, paragraph 1 and 2 or is required for customs clearance.
(2) information on the refusal of permits may be transferred by way of derogation only paragraph 1, insofar as this article 4, paragraph 1 and 2 is necessary to pursue the purposes.
(3) the recipient may use the information provided under paragraphs 1 and 2, including personal information, only for the purposes for which it was transmitted or where it is necessary to the prosecution of criminal offences or administrative offences according to this Act or a regulation under this Act or under the law on the control of weapons of war.

§ 25 automated retrieval procedure (1) the Customs Crime Office is entitled to retrieve information, including personal information, that according to article 24, paragraph 1 and 2 can be submitted, in each individual case in an automated process where required for the purposes of article 24, paragraph 1, or for the prevention of criminal offences or to the prosecution of criminal offences or administrative offences.
(2) the Customs Crime Office and the Federal Office of Economics and export control (BAFA) set in writing cause and purpose of the polling process and the type of data to be transmitted and the technical and organisational measures necessary according to § 9 of the Federal Privacy Act in setting up the polling process.
(3) the establishment of the retrieval procedure requires the approval of the Federal Ministry of finance and of the Federal Ministry of Economics and technology. On the establishment of the retrieval procedure, the Federal Commissioner for data protection and freedom of information under notification of the provisions referred to in paragraph 2 shall be informed.
(4) responsibility for the admissibility of each call bears the Customs Crime Office. Views in the automated procedure may be made only by employees who are specially authorized by the management of the customs criminal Office.
(5) the Federal Office of Economics and export control (BAFA) the admissibility of views only checks to see if there is reason to. It has to ensure that the transmission of personal data can be found and verified at least by appropriate sampling procedures.

Article 26 transfer of personal data from criminal proceedings (1) in criminal proceedings for offences against this Act or a regulation under this Act or the Act on the control of weapons of war may courts and prosecutors Supreme Federal authorities personal data to the pursuit of the purposes of § 4 paragraph 1 and 2 pass.
(2) the data referred to in paragraph 1 may be used only for the purposes specified therein.
(3) the recipient may called public authority continue submitting the data to one not in paragraph 1 only, if 1 the interest of the data subject to the secrecy greatly outweighs the interest in the use of the transmitted data, and 2. the purpose of the investigation of the criminal case does not may be at risk.

Section 27 to present monitoring of freight, mail and travel (1) goods are, running, spent, adopted, or performed on demand. You may be subject to an inspection and examination.
(2) transportation, luggage and other containers can be tested on whether they goods, their export, import, transfer or transit is limited.
(3) a person who travels from domestic or travels in the country, has requested to explain whether he goods leads to which export, import, transit or movement is restricted under this Act or a regulation adopted on the basis of this Act.
(4) If goods wants to run the broadcast has the competent Customs offices of export clearance to customs. The more is determined by a regulation pursuant to section 11. Exceptions can be admitted by regulation to facilitate postal, freight and travel as far as this is not endangered the purpose of monitoring.
(5) the Customs authorities shall monitor compliance with 1 the provisions of this Act, 2. the regulations adopted pursuant to this Act, and 3. the legal acts of the European Union in the field of foreign trade transactions over the export, import, transfer and transit. The Federal Ministry of the Interior determines the authorities of the Federal Police, who are responsible for the monitoring of exports of weapons and explosives; Sentence 1 shall remain unaffected.

Costs (1) the Customs authorities may section 28 in the implementation of the provisions of this Act or the regulations adopted pursuant to this law on the export, transfer, import or costs (fees and expenses) raise the clearance outside the Office place or outside the opening hours, 2. transit and of acts of the European Union in the field of foreign trade transport for 1 issuing and verification of certificates or 3. the examination of goods.
(2) in the cases of paragraph 1 the costs imposed on the basis of section 178 of the fiscal code rules on for the assessment of costs and the procedure for their collection.