Dual-use items
The export of certain goods to non-EU countries is only permitted following the presentation of an export authorisation. Such goods include items which, by virtue of their nature or properties, can be assigned both civil and military purposes.
Listed dual-use items
All items that are listed in Annex I of Council Regulation (EC) No 428/2009 (the EC Dual-use Regulation) require an export authorisation (Article 3 (1), EC Dual-use Regulation).
Non-listed dual-use goods
In addition to the export authorisation required for the items listed in Annex I there is also an authorisation requirement for other dual-use items, if the items in question are or may be intended for use in connection with chemical, biological or nuclear weapons or other nuclear missiles, or as elements of previously illegally exported armaments (Article 4, EC Dual-use Regulation).
You will find additional national restrictions in Section 9 of the Foreign Trade Regulation.
Whether or not authorisation is required for a certain item depends on its intended use and on the purchasing country or country of destination, in each case.
Where you, as the exporter, are aware that the use of the items for ABC weapons, missiles, conventional armaments, or as elements of previously illegally exported armaments is intended, or even merely possible, you are under an obligation to inform the Federal Office for Economic Affairs and Export Control of the fact. The Federal Office for Economic Affairs and Export Control will then determine whether the export requires authorisation, and inform you accordingly. Please be aware that you must wait for the decision of the Federal Office for Economic Affairs and Export Control before making any export of the items concerned.
Issue of authorisations and information concerning the list of goods
In Germany, the competent authority is the Federal Office for Economic Affairs and Export Control.
