Export Control Law 

Caution: Exports will be examined in the audit, too!

Exports are critical to the German economy and of existential importance for many enterprises. Yet, due to security interests, export law subjects a number of goods to various restrictions and prohibitions. The rules governing exports are complex and difficult for firms engaging in exporting to understand, making compliance challenging. This may lead to unintentional violations of export control provisions, which can result in the imposition of stiff penalties.

International agreements, such as the Wassenaar Arrangement or the Missile Technology Control Regime, EU law, and national law all contribute to the sources of export control law. On the EU level, the Dual Use Regulation and embargos are at the heart of the regulatory regime. On the national level, the German Foreign Trade Act (AußenwirtschaftsgesetzAWG) and the German Foreign Trade Regulation (AußenwirtschaftsverordnungAWV) form the most important pieces of legislation governing exports.

Most enterprises deal in "innocuous" goods and not with military equipment or other obviously sensitive technologies. Nevertheless, they must keep export control regulations in focus when exporting their goods because even seemingly "harmless" goods may be listed in the Dual Use Regulation or in an embargo regulation. Violations of export control provisions can be punished severely and the sanctions for violating an embargo are draconian.

The scope of our services includes:

  • Asserting our clients' interests before the competent authorities, public prosecutor and court with a view to reaching the best possible pragmatic solution.
  • US Re-exports

 

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