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Trade, brokerage of goods abroad in accordance with Annex IV to Regulation (EC) No 428/2009

Certain goods are subject to trade restrictions in the EU. These include, but are not only on "dual use" items listed in Annex IV to Regulation (EC) No 428/2009.

These are e.g.

  • nuclear materials, plants and equipment,
  • aeronautical electronics and navigation,
  • Marine and marine technology,
  • General electronics
  • microorganisms and toxins.

If you wish to enter into a trading and brokerage transaction on goods that are

  • located in a third country, or
  • in the economic territory and have not yet been cleared under import law,

and which are to be exported to another third country, you will need a permit if you have been informed by the Federal Office of Economic And Export Control (BAFA)that these goods are or may be intended or may be imposed by the United Nations, the EU or the OSCE on the country of destination.

If you are aware that the goods to be delivered are intended for the above-the-g. purpose, you must inform baFA; it decides whether the trading and brokerage transaction is subject to authorisation.

The trading and brokerage transaction may not be carried out until BAFA has previously approved it or decided that it does not require authorisation.

The above-case use is certain forms of military end-use, in particular installation in military goods, the use of equipment for the development, manufacture and maintenance of military goods, or use in a facility for the purpose of Manufacture of military goods.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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