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Glossary export control policy for military equipment
From the Arms Trade Treaty to war weapons:
the glossary explains key terms used in the field of export control policy for military equipment.
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Military equipment subject to export licences is listed in full in Part I Section A of the Export List (EL, Annex to the Foreign Trade and Payments Ordinance). It is broken down into 22 positions, each with its own number (No. 1 to No. 22). Annex 8 of the Federal Government’s Military Equipment Export Report lists not only the number and value of the export licences issued, but also the relevant EL positions (cited as A00xx). The lists of goods can be found on the BAFA homepage.
By making an advance inquiry, potential applicants can obtain some indication of the likely outcome of an intended export application even before a contract is signed. The answering of advance inquiries does not amount to a final decision on the export, and is not a substitute for it. Advance inquiries relating to war weapons must be submitted to the Federal Foreign Office; advance inquiries relating to other military equipment must be filed with the Federal Office for Economic Affairs and Export Control. The answers to advance inquiries are governed by the same criteria as applications for export licences.
According to the Foreign Trade and Payments Act and the Foreign Trade and Payments Ordinance, the export of military equipment is subject to a licence. An application must be submitted to the relevant agencies. The export of war weapons is also subject to a transportation licence pursuant to the War Weapons Control Act.
Germany’s military equipment exports are governed by the Basic Law, the War Weapons Control Act, the Foreign Trade and Payments Act and the Foreign Trade and Payments Ordinance. All war weapons and other military equipment are subject to export licences. The arms export control system includes the application and licensing procedure, the statutory framework, the advisory and decision-taking state bodies, and political agreements and decisions.
The German Government deposited the instrument of ratification for the Arms Trade Treaty at the United Nations on 2 April 2014. This Treaty establishes the first internationally binding rules for the export of military equipment. Articles 6 and 7 form the heart of the Treaty: they stipulate criteria for the scrutiny of applications for export licences. When it deposited the instrument of ratification, the German Government declared that it would provisionally apply Articles 6 and 7 of the Treaty. The Treaty entered into force on 25 December 2014 and is now being fully applied. A total of 113 states have ratified the ATT.
Dual-use goods are products, software and technologies produced for civilian purposes but which can also be used for military purposes.
If export controls are to be effective, the military equipment exported must remain in the country it was supplied to, and not diverted to other countries. The end-use controls are intended to ensure that this is the case. Prior to the export, all of the available information is fully scrutinised. The recipient makes a declaration confirming that the military equipment will stay in his country. If there are any doubts, export applications are rejected. If it is proven that assurances of end-use have been violated, the issuing of export licences is normally suspended until the facts have been clarified and the danger of renewed re-exports has been removed.
The EU Council Common Position provides common rules for the EU Member States for the control of the export of military equipment and technology. The Common Position is an important element of the Common Foreign and Security Policy and aims to harmonise European policy on exports of military equipment. It contains eight criteria for the issuing of export licences. Through its incorporation into the Political Principles of the Federal Government, it is an integral part of Germany’s policy on the export of military equipment.
In December 2005, the European Council adopted the “strategy to combat illicit accumulation and trafficking of small arms and light weapons and their ammunition” (the EU SALW strategy). It aims to make use of all the political and financial instruments available to the EU to permit a coordinated and coherent EU policy on small arms. The three main pillars of the strategy are effective multilateralism, prevention of illegal arms shipments, and project-based cooperation with the relevant states/regions.
The European Defence Agency was established in 2004 and is based in Brussels. It is tasked with supporting the Council and the Member States in their efforts to improve the defence capabilities of the European Union in the field of crisis management and with supporting the European Security and Defence Policy (ESDP). It is thus responsible for nearly all matters relating to defence and military equipment at EU level. All 27 EU Member States are involved in the EDA.