Narcotics Trade Regulation

Original Language Title: Betäubungsmittel-Außenhandelsverordnung

Read the untranslated law here: http://www.gesetze-im-internet.de/btmahv/BJNR014200981.html

16.12.1981 narcotics trade regulation (BtMAHV) BtMAHV Ausfertigung date: full quotation: "narcotics trade regulation of 16 December 1981 (BGBl. I S. 1420), most recently by article 3 of the Decree of 19 June 2001 (BGBl. I S. 1180) is changed" stand: last amended by art. 3 V v. 19.6.2001 I 1180 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.1.1982 +++) input formula on the basis of § 11 par. 2 of the Narcotic Drugs Act of 28 July 1981 (BGBl. I S. 681) ordered the Federal Government : I. import section 1 import request (1) who wishes to include narcotics, has to apply for an import permit at the Federal Institute for drugs and medical devices for each import shipment by using an official form.
(2) the applicant has the following information on the import application: 1 BtM number, name or company and address of the importer; a when an importer with several premises BtM number and address of the importing facility, 2. name or company and address of the non-resident exporter BtM number and name of the exporting country, 3 for each to be imported narcotics:) Pharmazentralnummer, if made known, b) number of packing units, c) packing unit (substances and preparations not shared the amount of weight, in sectioned preparations the quantity), d) designation of anesthetic; In addition: - sectioned preparations the pharmaceutical form and the weight of the contained pure substance in milligrams per separated form – not sectioned preparations the pharmaceutical form and the weight of the contained pure substance per packing unit – when raw, unrefined and not split off narcotics the weight percentage of the contained pure substance, 4. the intended route as well as names and addresses of the carrier, 5. b) when importing from a country , which is not a member of the European Union, description and address of Customs Office, which is to be introduced pursuant to § 4, sentence 1, b) imported from a Member State of the European Union the note "EU trade", 6 as long as narcotic drugs under customs supervision should be stored, name and address of the camp name and address of the warehouse keeper or stock holder.
(3) specific and handled narcotics will be introduced to the transit, the export permit or export declaration of the country of export, which has accompanied the narcotic, the import application to add. The Federal Institute for drugs and medicine products returns the narcotics control authorities of the exporting country.

Section 2 grounds for refusal (1) the Federal Institute for drugs and medicine products has to fail the import permit if the import of anesthetic at a financial institution available to someone other than the importer, or on a mailbox to be or dealing with narcotic drugs of annex I of the Narcotic Drugs Act and these should be stored under customs supervision.
(2) the Federal Institute for drugs and medicine products has also fail the import permit or restrict the to leading crowd of anesthetic if imports not in the estimate issued by the International Narcotics Control Board can be settled to the Federal Republic of Germany for this narcotic drugs if not by the importer of proof, that this narcotic drugs intended for re-export or for medical treatment is essential.
(3) the Federal Institute for drugs and medicine products can fail the import permit, if the security or the control of narcotics traffic are not guaranteed.

§ 3 import permit (1) the Federal Institute for drugs and medical devices issued the import permit, using official forms in triplicate. It shall send two copies the importer and a copy of the narcotics control authorities of the exporting country.
(2) the import permit is not transferable. She is on no more than three months and imports, which should take place on the sea, limited to a maximum of six months. The deadlines may be extended on request if the importer can prove that the drugs are already on the transport.

§ 4 import handling narcotic drugs may be imported only through a Customs office specified by the Federal Minister of finance. They are to sign up this customs office by presenting a copy of the import permit and to demonstrate on request. This rule applies not imported from a Member State of the European Union.

§ 5 storage under customs supervision is approved in the import permit only the storage under customs control, as the drugs only in a defeat of customs, a customs-bonded warehouse or a free port may be stored. The stored drugs may undergo any treatment, which is likely to alter the quality, the packaging or the marking. You may be carried out only under the provisions of paragraphs 7 to 12. To leave the narcotics in the scope of the Narcotic Drugs Act, the written consent of the Federal Institute for drugs and medicine products is required for the removal from the defeat of the customs, the customs-bonded warehouse or the Freeport.

§ 6 import display (1) the importer has notified to the importation took place the Federal Institute for drugs and medicine products and to provide the viewer with the corresponding to the actual import data according to § 1 para 2, the number and date of issue of the import licence and the import date. The import permit with a customs clearance note to add is the import indicator. The display by an official form must be used.
(2) paragraph 1 sentence 2 does not apply when importing from a Member State of the European Union. In this case, the importer on the back of the to be included in import permit in the field provided for the customs clearance certificate the following information to make has: a) number and date of issue of the commercial invoice or packing list and b) number and date of issue of the cargo document, with indication of the carrier and the commercial invoice or packing list of the import permit in copy to attach.
(3) be narcotic drugs is not adopted within the period specified in the import permit, this is notified to the Federal Institute for drugs and medical devices. The import permit to be attached is the display.
II. export section 7 export application (1) who wants to do drugs, has to apply for an export permit at the Federal Institute for drugs and medical devices for each export consignment, using an official form.
(2) the applicant has the following information on the export application: 1 BtM number, name or company and address of the exporter; a when an exporter with several premises BGA number and address of the exporting establishment, 2. name or company and address of the non-resident importer, shipping address and BtM number and name of the importing country, 3. number and date of issue of the import permit and name and address of the issuing authority of the importing country, 4 for each to run narcotics:) Pharmazentralnummer, if made known, b) number of packing units, c) packing unit (substances and preparations not split the amount of weight) , in sectioned preparations the quantity), d) designation of anesthetic; In addition: - sectioned preparations the pharmaceutical form and the weight of the contained pure substance in milligrams per separated form – not sectioned preparations the pharmaceutical form and the weight of the contained pure substance per packing unit – when raw, unrefined and not split off narcotics the weight percentage of the contained pure substance, 5. number and type of packages in which the narcotic to be executed and on the attached marks , 6 route and the names and addresses of the carrier, 7 a) for exports in a State which is not a member of the European Union, name and address of Customs Office, which should be performed in accordance with section 11, subsection 1, sentence 1, b) for exports in a Member State of the European Union the note "EU trade", 8 as long as narcotic drugs under customs supervision store name and address of the camp name and address of the warehouse keeper or stock holder.
(3) the export application the import permit of for the narcotics control authorities of the importing country shall be attached. These must correspond to the procedural requirements of the International Convention of addiction substance even if the importing country has not joined this agreement.
(4) to to the transit handled and certain narcotic drugs in a different country of destination specified in the export permit accompanying them or export declaration redirected or returned in the exporting country, is the export application to include these export permit or export declaration. The Federal Institute for drugs and medicine products returns the narcotics control authorities of the exporting country.

Section 8 grounds (1) the Federal Institute for drugs and medicine products has to fail the export authorisation, if
1. the export of narcotics at a financial institution provided another person than that of the non-resident recipient or to a P.o. box will be, 2. is it narcotic drugs of annex I of the Narcotics Act, which should be carried out to the storage in a customs warehouse of the importing country, 3. the narcotic drugs to the storage should be run in a customs warehouse of the importing country and the import permit the storage of the broadcast in a customs warehouse is not approved , 4. the export application none or none is included with the formalities of the international foreign import permit corresponding addiction fabric Convention on, 5. the importing country of the Federal Republic of Germany through the Secretary-General of the United Nations has informed, that it prohibits the importation of narcotic drugs.
(2) the Federal Institute for drugs and medicine products has also fail the export permit or restrict the executed amount of anesthetic when exports in the context of the estimate issued by the International Narcotics Control Board of the importing country for this narcotic drugs cannot be settled unless specified in the import permit, that the narcotic to re-exportation is provided, or the performer provides evidence , that the narcotic drugs for medical treatment is essential.
(3) the Federal Institute for drugs and medicine products can fail the export licence if there is reasonable suspicion that the narcotics in the importing country is not used for medical, scientific or other permitted purposes, or if security or narcotics traffic control are not guaranteed.

Section 9 export license (1) the Federal Institute for pharmaceuticals and medical products granted the export permit, using official forms in triplicate. It shall send two copies the exporter and a copy of the authorities responsible for narcotics control of the importing country.
(2) the export licence is not transferable. It is up to the expiry of the import authorisation of the importing country, to limit but not more than three months.

§ 10 specific labelling for export narcotic drugs are in the commercial invoices, delivery notes, loading lists, to denote shipping and customs documents according to § 14 para 1 sentence 1 of the law on narcotics. In the commercial invoice and the delivery note are in addition the markings on the packages and the numbers show data of the export licence and the corresponding import permit to specify. The Federal Institute for drugs and medicine products can allow exceptions in individual cases, if this is necessary according to the regulations of the importing country.

§ 11 export clearance (1) Narcotics may be carried out only through a Customs office specified by the Federal Minister of finance. They are to sign up this customs office by presenting a copy of the export permit and to demonstrate on request. This provision does not export in a Member State of the European Union.
(2) a further copy of the export authorisation is included with the shipping documents. They accompanied the narcotics in the importing country. Narcotics shipments without attached export permits may be not dispatched or shipped.

§ 12 export display (1) the exporter has immediately show carried out exports to the Federal Institute for drugs and medicine products and equipped the display with the corresponding to the actual export details according to § 7 paragraph 2 No. 1 to 7, the number and date of issue of the export licence and the date of export. The export licence bearing a customs clearance note to add is the re-export notification. The display by an official form must be used.
(2) paragraph 1 sentence 2 does not apply on export in a Member State of the European Union. In this case, the exporters on the back of the to be included in licences in the box provided for the customs clearance certificate the following information to make has: a) number and date of issue of the commercial invoice or packing list and b) number and date of issue of the cargo document, with indication of the carrier and the commercial invoice or packing list of the export authorisation to copy to attach.
(3) the narcotic drugs not run within the time limit specified in the export permit, this is notified to the Federal Institute for drugs and medical devices. Both copies of the export licence attached are the indicator.
III. transit section 13 may (1) Narcotics by the scope of the Narcotic Drugs Act only under customs supervision without further than the stay due to the transport or envelope and be carried out without the narcotic drugs at any time of introduction is the operator or a third person actually available,. They must undergo during the transit of any treatment, which is likely to alter the quality, labelling, packaging, markings. For Narcotics dealings with a Member State of the European Union, customs supervision is not necessary.
(2) if narcotics in transit by the export licence provided for in the international conventions of the addictive substance or export declaration of the country of export be accompanied, they may be made only with the consent of the Federal Institute for drugs and medical devices to the transit.
(3) narcotic drugs for the transit of goods may be moved only through a Customs office specified by the Federal Minister of finance in and out of the scope of the Narcotic Drugs Act. They are to sign up these offices upon presentation of the export licence accompanying or export declaration of the country of export or the approval of the Federal Institute for drugs and medical devices referred to in paragraph 2 and to demonstrate on request. Applies are not narcotics dealings with a Member State of the European Union.
(4) to the transit handled narcotics amendment this purpose may only be introduced 1 according to the provisions of paragraphs 1 to 6 or 2. According to the provisions of paragraphs 7 to 12 to another as the country of destination referred to in the licences or export declaration redirected or returned to the exporting country.
(5) the provisions of paragraphs 2 to 4 shall not apply to the transit of narcotic drugs with stopover in air transport or when landing in the sea ship shipping if the narcotic drugs from the plane or ship is unloaded.
IV. exemptions § 14 import and export in the context of international cooperation (1) Federal and land authorities may introduce simplified procedures regulated narcotics for the scope of its official activities and the authorities appointed by them with the study of drugs even after the in paragraphs 2 to 4 or run. The provisions of articles 1 to 12 shall not apply to the extent.
(2) on import, the importer has the foreign export permit or the appropriate foreign export declaration with a confirmation of kind and quantity of narcotic drugs received, the date of receipt to provide his signature and his official seal and immediately be sent to the Federal Institute for drugs and medical devices.
(3) for export of narcotic drugs, the exporter has to submit an export declaration by using an official form in five copies. In the export declaration are the following information: 1 name and address of the exporter, 2. name and address of the non-resident importer as well as name of the importing country, 3. amount and designation of the narcotic drugs, 4. purpose of the export, 5. route and carrier, 6 name and address of the authorities responsible for narcotics control of the importing country.
(4) of the copies referred to in paragraph 3, the first copy accompanied the narcotics in the importing country. The second and third copies are to the date of mailing and immediately be sent to the Federal Institute for drugs and medical devices, the a copy of in paragraph 3 No. 6 designated authority shall forward. The fourth copy shall send the non-resident importer the exporter. The fifth copy has provided and three years, from the date of issue of counting, to keep the exporter with the date of mailing.

§ 15 of simplified cross-border traffic (1) the provisions of articles 1 to 12 shall not apply to preparations of the substances listed in annexes II and III of the Narcotic Drugs Act, either 1 by doctors, dentists, or veterinarians to permissible medical, dental or veterinary practice or the first assistance in appropriate quantities, or 2. by other persons in amounts appropriate for the duration of the trip due to medical prescription or certificate for their own use in cross-border traffic carried.
(2) the provisions of sections 1 to 12 also does not apply to drugs, if they are carried in reasonable quantities as equipment for the first assistance or for other emergencies in buses, trains, aircraft or ships in international traffic.
(3) the provisions of paragraphs 7 to 12 shall not apply to drugs, the disaster through relief agencies, manufacturers or other suppliers, the permission in accordance with § 3 (1) of the Narcotic Drugs Act have, on the basis of the model guidelines for the International Commission of controlled medicines for emergency medical care of the World Health Organization (document WHO/PSA/96.17; World Health Organization, 1211 Geneva 27, Switzerland) are executed.
V. offences section 16 any person within the meaning of § 32 para 1 No. 6 of the Narcotic Drugs Act is, who intentionally or negligently inaccurate or incomplete information makes 1 contrary to § 1 section 2 or section 7 para 2 in the import or export application or 2. contrary to section 6, paragraph 1, sentence 1 or paragraph 2 sentence 2 or § 12 para 1 sentence 1 or paragraph 2 sentence 2- or export display or input or export permit not , incorrectly or not fully with the designated thereon information provides.
VI. final provisions article 17 competent Customs offices of the Federal Minister of Finance Announces the Customs offices in the Federal Gazette, where narcotics to the import, export and transit goods.

Article 18 other regulations the Federal Institute for drugs and medical devices are out according to § 1 para 1, § 3, paragraph 1, sentence 1, section 6, subsection 1, sentence 3, article 7, paragraph 1, section 9, paragraph 1, sentence 1, section 12, subsection 1, sentence 3 and § 14 para 3 sentence 1 the official forms and makes them known in the Federal Gazette. It assigns according to § 1 para 2 No. 1 and section 7 paragraph 2 No. 1 the BtM numbers the importers or exporters, puts the BtM numbers of import and export countries no. 2 and the Pharmazentralnummern according to § 1 para 2 No. 2 and section 7 paragraph 2 according to § 1 para 2 No. 3 known 2(a) and section 7 para 2 No. 4 2(a) of the narcotic in the Federal Gazette.

§ 19 Berlin clause this Regulation shall apply to § 14 of the third of transfer Act in conjunction with section 41, sentence 2, of the Narcotic Drugs Act also in the Federal State of Berlin.

Article 20 entry into force (1) this regulation enters into force on January 1, 1982.
(2) (3)