Import list

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In foreign trade law, an import list was a list that contained all goods that were either subject to an import ban or an import permit . The counterpart is the export list .

General

In general, the German foreign trade law from going free trade from, so neither the states regulated yet for goods foreign trade . "The goods , services , capital , payment and other commercial transactions with foreign countries as well as the exchange of foreign assets and gold between residents is basically free" ( Section 1 (1) AWG ). However, according to this provision, foreign trade is also subject to restrictions that may temporarily affect some countries and / or goods.

Until September 2013, the import list was an annex to the Foreign Trade Act (AWG) according to Section 10 AWG a. F. and provided an overview of goods for whose import restrictions or special procedural or reporting requirements had to be observed. It was repealed on September 1, 2013 by the “Law on the Modernization of Foreign Trade Law”. In contrast to the export list that was still in existence, the import list did not provide for any original national items, but merely summarized licensing requirements and other restrictions from EU regulations as well as procedural provisions from other international requirements (import control reports).

Legal issues

The import list was canceled in September 2013 because it was of no practical relevance. Since then, import restrictions and import bans have been included in the Foreign Trade and Payments Ordinance (AWV). When importing goods with commodity numbers 2709 00 10 ( natural gas condensates ), 2709 00 90 ( crude oil and oil from bituminous minerals, raw), 2711 11 00 (natural gas, liquefied) and 2711 21 00 (natural gas in gaseous state) of the list of goods for the trade statistics according to § 35 . Section 1 AWV for the purpose of market research presentation of an import control message if the import clearance is requested in paper form and the value of the consignment exceeds 1,000 Euros. The responsible customs office forwards the import control reports to the Federal Office of Economics and Export Control (BAFA) for the purpose of market observation . By means of a general order to be published in the Federal Gazette , BAFA can publish the details that must be observed when applying for an import license in accordance with Section 39 (1) AWV. The import permit must be submitted in writing on the form for commercial goods at BAFA and for agricultural products at the Federal Agency for Agriculture and Food ( import license ).

When importing agricultural products that are manufactured in several processing stages from raw materials and products of the first processing stage ("non-Annex I goods"), a tax is levied to protect the processing industry, which consists of a value duty and a specific amount. Of particular importance is Regulation (EC) No. 428/2009 (Dual Use) with its Appendix I, in which certain dual-use goods are listed, the export / import of which is subject to control.

There is an import ban in accordance with Section 77 AWV for the states and goods listed there.

economic aspects

Import permits, import lists and import bans represent barriers to trade that restrict free trade. Their restrictive handling leads - under otherwise unchanged conditions - to lower imports and thus to an improvement in the trade balance . Since imports are required domestically and are not available, inflation occurs - all other things being equal . Conversely, this also applies to expansive handling. Trade policy measures such as restrictive import permits and import lists, a stronger focus on exports , expansive import restrictions or import duties can offset a negative foreign exchange balance and vice versa. Import lists thus influence the external contribution , foreign trade and production value . Foreign trade policy therefore also has an impact on national economic policy .

International

In Switzerland and Austria there are no import lists of this type, but when importing and exporting certain goods, various requirements must be observed due to provisions on non-customs decrees. This applies in particular to dual-use goods, weapons and ammunition, environmental protection , health protection and species protection . In Austria, according to Section 18 (1) Foreign Trade Act, the import of chemicals of categories 1 and 2 from a country that is not a party to the Chemical Weapons Convention is prohibited .

Web links

Individual evidence

  1. BGBl. I p. 1482
  2. Storck Verlag Hamburg (ed.), Handbook for Export and Shipping , 2018, p. 16
  3. BT-Drs. 17/14624 of 23 August 2013, Foreign Trade Ordinance (AWV) , p. 121
  4. Tobias Valentin Abersfelder / Christian Pelz / Ernst Hocke (eds.), Foreign Trade Law , 2017, p. 415
  5. Otmar Issing, Monetary Problems of Economic Policy in the EEC , 1964, p. 50