Export license
In foreign trade and in foreign trade policy, an export permit (or export permit ) is the official permit for the export of goods that require a permit . The counterpart is the import permit .
General
In principle, foreign trade is free in accordance with Section 1 (1) sentence 1 AWG . This means that free trade is legally implemented. However, Section 1, Paragraph 1, Clause 2 and Paragraph 2 AWG open up the possibility of restricting foreign trade, which is a non-tariff barrier to trade . If there is an export ban , no export license can be issued. Such restrictions can be achieved through an authorization requirement or a ban. These possibilities can be based on national law, EU law or in international trade agreements .
Legal issues
If legal transactions require an export license in accordance with Section 8 (1) AWG, the license is to be granted if it is to be expected that the execution of the legal transaction will not endanger the purpose of the AWG or only to an insignificant extent. In other cases, approval can be granted if the economic interest in carrying out the legal transaction outweighs the associated impairment of the purpose stated in the authorization. Export permits are an administrative act which the Federal Office of Economics and Export Control (BAFA) is responsible for issuing, receiving notifications and based on legal acts of the Council or the EU Commission in the field of foreign trade law in accordance with Section 13 AWG . Export licenses according to the market regulation law are issued by the Federal Agency for Agriculture and Food and export licenses for narcotics are issued by the Federal Opium Agency . Further export license obligations and responsibilities result from the respective individual laws.
According to Section 21 AWV, the exporter must apply for an export license on a specific form for all goods listed in Part I of the export list . The goods listed in the export list therefore require an export license. Section 21 AWV requires that the export requires a permit at all. According to Section 8 AWV, war weapons , ammunition and armaments, with numerous exceptions, are subject to a license requirement . The import or export of certain agricultural products to or from EU member states is only permitted with the use of an import or export license. The products that are generally subject to licensing are listed in the annex to Regulation (EU) 2016/1237 of May 18, 2016 to supplement Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to the implementing provisions for the regulation on importation and Export licenses listed.
The Regulation (EC) no. 428/2009 applies to "dual-use" ( English dual-use ) that can be used for both civilian and military purposes and therefore an export control subject. This includes all goods that can be used both for non-explosive purposes and for any form of assistance in the manufacture of nuclear weapons or other nuclear explosive devices.
If there are export bans , no export license can be issued. This applies in particular to cultural goods for which a prohibition arises from Section 21 KGSG or Section 28 KGSG.
In Section 4 AWG, various restriction options are provided, including: a. around
- to guarantee the essential security interests of the Federal Republic of Germany,
- to prevent a disturbance of the peaceful coexistence of peoples,
- to prevent a significant disturbance of the foreign relations of the Federal Republic of Germany,
- to guarantee the public order or public security of the Federal Republic of Germany within the meaning of Art. 36 , Art. 52 Paragraph 1 and Art. 65 Paragraph 1 of the TFEU or
- to counteract a threat to the coverage of vital needs in Germany or in parts of the country and thereby protect the health and life of people in accordance with Art. 36 TFEU.
- Goods subject to authorization
Essentially, the export of the following goods requires an export license:
- Goods that are named in Part I Section A of the Export List (AL);
- Goods that are named in Section C with IDs 901 to 999 (with a value of more than € 2,500, unless they are software or goods with ID 5A901);
- Goods with a value of more than € 2,500 (with the exception of software and technology ) which are intended for military use in a country on country list K and if the exporter has been informed of this by BAFA or if he has become aware of it himself;
- Goods worth more than € 2,500 (with the exception of software and technology), which are intended for installation in a nuclear facility in Algeria , India , Iraq , Iran , Israel , Jordan , Libya , North Korea , Pakistan or Syria , if this is known to the exporter or he is informed of this by BAFA;
- Goods that are marked with "G" in Part II, Column 3 of the export list and that meet certain quality criteria (market regulation goods);
- Narcotics according to the Narcotics Act ;
- Protected animals and plants, as well as products made from them, according to the Washington Convention on Endangered Species .
According to Section 5 (2) AWG, the acquisition of companies (foreign direct investments ) by German companies by non-Union buyers may be restricted or prohibited if more than 25% of the shares are acquired and public order or security in the Federal Republic is endangered.
Special case export of war weapons
With regard to the arms export determined Art. 26 para. 2 of the Basic Law that warfare certain weapons only with the approval of the Federal Government produced , transported and placed on the market may be. In this regard , Section 2 of the KrWaffKontrG makes it clear that the manufacture of war weapons requires a license. According to Section 11 KrWaffKontrG, the federal government is responsible for issuing and revoking a permit . This task of approving arms exports has been taken over by the Federal Security Council , a cabinet committee of the federal government.
economic aspects
Export permits and export bans are barriers to trade that restrict free trade. Restrictive handling of export permits leads - under otherwise unchanged conditions - to lower exports and thus to a deterioration in the trade balance . Since domestic exports are not required and therefore the goods are usually not even produced, the gross national product also falls . Conversely, this also applies to the expansive handling of export permits. Trade policy measures such as expansive export permits, stronger export orientation , import restrictions or import tariffs can offset a negative foreign exchange balance and vice versa. Thus export licenses influence the trade balance , foreign trade and production value . The foreign trade policy therefore also affects the national economic policy from.
International
Based on the principle of free trade, cross-border economic activity is generally permitted in Switzerland without further ado, provided that the relevant legislation does not provide for any restrictions. According to Art. 101 Para. 2 BV , the federal government can “if necessary” deviate from the principle of (external) economic freedom; the main application concerns agriculture ( Art. 104 BV). Customs law regulates the handling of cross-border goods traffic between the economic area of Switzerland and the Principality of Liechtenstein and abroad. Export permits are regulated in the Goods Control Ordinance (GKV). Anyone wishing to export nuclear goods, goods that can be used for civil and military purposes, strategic goods or goods subject to national export controls requires a license from the State Secretariat for Economic Affairs (SECO) in accordance with Art. 3 Para. 1 GKV . No export license is required for the goods listed in Art. 4 GKV. In addition to these goods-related bans and licensing requirements, there are also country-specific ones. The export of goods to some countries can sometimes be considerably restricted. These country-specific restrictions are usually based on foreign and security policy considerations. The reasons for this lie, for example, in foreign trade law ( export control ), among other things in the areas of security ( dual-use goods), the environment, cultural assets or species protection.
The legal basis in Austria is the Foreign Trade Act (AusWG). A distinction is made between general permits ( Section 28 Foreign Trade Act), global permits ( Section 30 Foreign Trade Act) and individual permits ( Section 31 Foreign Trade Act). Approval is to be refused according to § 4 AusWG if the process contradicts the obligations of Austria based on legal provisions of the European Union or other international legal regulations, in particular obligations to implement restrictive measures or to implement agreements in the field of arms control and the control of the Technology transfers, would stand.
According to the Washington Convention on the Protection of Species , the international trade in certain animal species and their products such as ivory , caviar , wood products , medicinal products or prepared animals is regulated, depending on the relevant appendix (I, II, III) and the comments made there. Depending on the annex, export or import permits are required that must meet certain requirements. Regulation (EC) No. 338/97 is based on this agreement ; Annex A of these provides for a marketing ban for certain animal and plant species . Permits from the importing and exporting country in the form of a CITES document are required for import and export.
See also
Web links
Individual evidence
- ^ Source DNB on media history accessed on May 6, 2018
- ↑ Christian Pelz, in: Ernst Hocke / Bärbel Sachs / Christian Pelz (eds.), Foreign Trade Law , 2017, p. 65
- ↑ Federal Gazette of April 16, 2010, Part IB, is empty and therefore not essential.
- ↑ Otmar Issing, Monetary Problems of Economic Policy in the EEC , 1964, p. 50
- ^ Matthias Oesch, Foreign Trade Law: Basics , in: Giovanni Biaggini u. a. (Ed.), Technical Manual Administrative Law - Expert Knowledge for Practice, 2019, p. 1282
- ^ Matthias Oesch, Foreign Trade Law: Basics , in: Giovanni Biaggini u. a. (Ed.), Technical Manual Administrative Law - Expert Knowledge for Practice, 2019, p. 1284
