A. Witt: “Non-official Translation: German Preliminary Information on the Extension and Amendment of General Export Licenses Nr. 12 to Nr.27 as of 1 Apr 2018. (Bundesamt für Wirtschaft und Ausfuhrkontrolle, BAFA, 13 Mar 2018)”

* Author: Alexander Witt, Associate, Full Circle Compliance, awitt@fullcirclecompliance.eu, +31 (0) 6 154 50 434.

BAFA intends to extend and amend General Licenses Nr. 12 to Nr. 27.  The original source in German can be found here.

Below you will find information on the extension and amendments, if applicable, of General Licenses Nr. 12, Nr. 13, Nr. 14, Nr. 16, Nr. 17, Nr. 18. Nr. 19, Nr. 20, Nr. 21, Nr. 22, Nr. 23, Nr. 24, Nr. 25, Nr. 26, as well as Nr. 27:

General Licenses for the export of dual-use goods listed in Annex 1 of the EU Dual-Use Regulation (Council Regulation (EC) Nr. 428/2009) as well as non-sensitive deals with Iran

Extension of validity period

General Licenses Nr. 12, Nr. 13, Nr. 14, Nr. 16, Nr. 17 and Nr. 30 will be extended until 31 Mar 2019.

Changes to content

In addition to minimal editorial changes, the following changes to the content are intended:

General License Nr. 12

Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is subject to an arms embargo within the meaning of Art. 4, Section 2 of the EU Dual-Use Regulation and for this reason is already excluded from the list of permitted destinations.

No further changes to the content.

General License Nr. 13

The reasons for the non-applicability of the license in Point 3.2 of General License Nr. 13 is extended to include military usage as described in General License Nr. 12, as long as it does not concern exports by EU agencies and offices, or by EU Member States for the performance of official duties, or exports of foreign armies based on the customs territory of the EU, or the export by order of the German Federal Armed Forces to the Federal Armed Forces (Case group 4.8, 4.9 and 4.11 of the General License Nr. 13).

In addition, General License Nr. 13 will be extended by another case group to promote exports in the framework of research missions by non-profitable organizations and associations, as long as the goods are used during the research mission and not transferred to third parties.

Furthermore, Venezuela is removed from Point 5 of the list of permitted destinations. The removal does not result in any changes to the content of the license since Venezuela is subject to an arms embargo within the meaning of Art. 4, Section 2 of the EU Dual-Use Regulation and for this reason is already excluded from the list of permitted destinations.

General License Nr. 14

No changes to the content.

General License Nr. 16

Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is subject to an arms embargo within the meaning of Art. 4, Section 2 of the EU Dual-Use Regulation and for this reason is already excluded from the list of permitted destinations. No further changes to the content apply.

General License Nr. 17

No changes to the content of General License apply. A short-term extension of the reasons for the non-applicability of the license regarding known military usages (Point 3.2, first dash) is probable.

General License Nr. 30

General License Nr. 30 is also extended until 31 Mar 2019. No changes to the content.

General Licenses for the export, transfer, trafficking and brokering services of defense-related goods listed in Part 1, Section A of the Export List (Ausfuhrliste, AL)

Extension of validity period

General Licenses Nr. 20, Nr. 21, Nr. 22, Nr. 24 and Nr. 26 will be extended until 31 March 2019.

General Licenses Nr. 18, Nr. 19, Nr. 23, Nr. 25 and Nr. 27 will initially be extended until 31 May 2018 due to an upcoming coordination process. Continued extension of the validity period is intended until 31 March 2019 and will be carried out after the coordination process.

Changes to the content of General Licenses for defense-related goods (Nr. 18 to Nr. 27)

General License Nr. 18

The list of permitted goods of General License Nr. 18 will be extended to include infrared signature suppressing clothing of number 0017h, Part 1, Section A, Export List (AL). The permission will be valid as of 1 Apr 2018 as long as the clothing is coated or treated with infrared signature suppression ranging between 650nm and 2.500 nm (previously 2000nm). To be clear and to avoid misunderstandings, the clothing always needs to be covered with a multi-color camouflage print. Changes do not apply to the content in view of this clarification.

Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is listed in §74, Section 1, (Foreign Trade and Payments Ordinance, Außenwirtschaftsverordnung, AWV) and is therefore excluded from the list of permitted destinations.

General License Nr. 19

No changes currently to the content of General License Nr. 19.

General License Nr. 20

As a member of the European Economic Area (EEA), Iceland can be added to the list of permitted destinations.

General License Nr. 21

As of 1 April 2018 , the list of permitted goods of General License Nr. 21 will be extended to include the export and transfer of technology and software in number 0021a and 0022a, Part 1, Section A, Export List (AL), as long as the software and technology is required for the usage and maintenance of goods of number 0013, Part 1,Section A, Export List (AL).

General License Nr. 22

As members of the European Economic Area (EEA), Iceland and Norway can be added to the list of permitted destinations.

General License Nr. 23

Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is named in §74 Section 1 AWV and is therefore excluded from the list of permitted destinations.

General License Nr. 24

As of 1 Apr 2018, the permitted goods list of General License Nr. 24 will be extended to include the temporary export or transfer of defense-related goods listed in Part 1, Section A of the Export List (AL), as long as by order of the exporter these goods are incorporated into other goods, or modified in any other way and later incorporated, modified or unmodified, into an entirely new good, and re-imported within a period of six months. The hitherto existing case group of number 4.1b is extended accordingly and case group number 4.1e is nullified.

General License Nr. 25

Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is named in §74 Section 1 AWV and is therefore excluded from the list of permitted destinations. As a member of the European Economic Area (EEA), Iceland can be added to the list of permitted destinations.

 

General License Nr. 26

The case group of number 4.1c of General License Nr. 26 is extended to the effect that as of 1 Apr 2018, exports and transfers to multiple destinations are permitted, as long as the exporter or transferor is fully aware that the end-user or a contractual partner of the end-user transfers the goods, modified or unmodified, on behalf of the armed forces of a Member State, of Iceland or of Norway. The hitherto existing requirement that merely a private end-user can be involved is thus extended.

General License Nr. 27

To align the list of permitted goods of General License Nr. 27 with the recommendations of the European Commission for the harmonization of the General License for Certified End-Users, the list of permitted goods is slightly extended. The list is extended by goods listed in numbers 0009d, 0010c1, c2, c3, 0011a (pursuant to note g) and j)), 0015b, c, d, as well as 0017a, b, d, e, j, k, l, m, n, o, p and 0021b4, Part 1, Section A, Export List (AL). Goods listed on the War Weapons list will continue to not be promoted.

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About the Author

Alexander Bosch

Alexander P. Bosch, Program Manager. Alexander Bosch has, due to his multidisciplinary academic background, a good overview of how the world of trade compliance is constructed. He is responsible for the drafting of engagement proposals, writing policies and procedures and designing an Internal Compliance Program, performing compliance assessments, audits, investigations related to (potential) export control violations, and is assistant editor of FCC’s daily newsletter, The Export/Import Daily Update (“The Daily Bugle”). In addition, Alexander plays a key role in the development and teaching of FCC’s training programs, and the Executive Masters in International Trade Compliance (EMITC) program, which FCC has set up in cooperation with the University of Liverpool London Campus. Alexander previously was responsible for a project for the Dutch government in which he assessed the effects of the U.S. Export Control Reform (ECR) upon the Dutch government and industry. He has earned his Master’s degree in International Relations from the University of Groningen and has written his master-thesis on the subject of European defense cooperation.

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