Boycott declaration
A boycott declaration is a declaration by a resident in foreign trade (not in domestic business dealings) to participate in a boycott against another state . Submitting such a declaration is prohibited in accordance with Section 7 AWV (formerly Section 4a AWV).
This regulation was included in the AWV with the 24th Amendment Ordinance to the AWV of July 23, 1992. The change came into force on May 1, 1993. Since December 29, 2018, a second sentence has now been expressly included in Section 3 AWV that the regulation does not apply to declarations made to meet the requirements of a economic sanctions of one state against another state, against which too
1. the United Nations Security Council under Chapter VII of the Charter of the United Nations,
2. the Council of the European Union under Chapter 2 of the Treaty on European Union or
3. the Federal Republic of Germany
have decided on economic sanctions.
Reason for the ban
The ban on submitting boycott statements was introduced because Arab countries had more or less tried to get German suppliers to submit boycott statements against Israel . These declarations were intended to confirm that the goods were not manufactured in Israel, made from Israeli primary products, or transported on Israeli means of transport. In the Foreign Trade Decree No. 27/92 of the BMWi, Israel is not given as a reason for the introduction of Section 7 AWV (formerly Section 4a AWV). There the general aim is to disrupt foreign trade and foreign relations through such declarations, but out of consideration for relations with Arab states, no specific reason is given for the introduction. However, the literature primarily sees the demand for declarations of boycotts against Israel as a reason for prohibition.
Consequences of non-compliance
Submitting a boycott declaration is an administrative offense in accordance with Section 81 (1) No. 1 AWV and can be punished with a fine of up to EUR 500,000 in accordance with Section 19 (6) in conjunction with Section 19 (3) AWG . The attempt was also considered an administrative offense in accordance with Section 33 (7) AWG (old version) until the AWG and AWV were revised in 2013.
If, in the assessment of the Federal Foreign Office, the submission of the boycott declaration fulfilled one of the elements of Section 34 (2) AWG old version, it was no longer an administrative offense but a criminal offense . This could be punished with a prison sentence of up to five years or a fine .
Exceptions
Boycotts based on embargoes issued by the UN or the EU are not prohibited boycott declarations within the meaning of Section 7 AWV, since the embargoes are higher-ranking law. Due to the amendment to Section 7 AWV that came into force on December 29, 2018, this is now also regulated in the ordinance itself.
A positive listing of countries of delivery is also permitted, the information that the laws of the receiving country are observed (without specific reference to the boycott legislation), the reference not to use any trademarks or symbols prohibited in the receiving country (without reference to a specific symbol of the boycotted country, here especially the Star of David ), and the declaration not to use a ship flying the flag of a certain country and not to call at any ports in the boycotted country if this is to protect the ship or the goods from confiscation or loss of insurance cover.
Individual evidence
- ↑ § 4a AWV ( Memento of August 14, 2010 in the Internet Archive )
- ↑ Federal Gazette No. 139 of July 29, 1992, page 6141
- ↑ Federal Gazette No. 139 of July 29, 1992, p. 6142
- ↑ Hocke / Berwald / Maurer, Foreign Trade Law , Commentary on Section 4a AWV Paragraph 1
- ↑ Hocke / Berwald / Maurer, Foreign Trade Law , Commentary on Section 4a AWV, Paragraph 4
- ↑ Ursina Krumpholz, The Ban on Boycott Declarations , NJW 1993, 113–114
- ↑ Circular Foreign Trade No. 31/92, Federal Gazette No. 177 of September 19, 1992, page 7849