German policy and practice on exports of conventional weapons and related technology

The Federal Republic of Germany consistently pursues a restrictive export control policy as regards both armaments and dual-use goods intended for military purposes. The policy is based on article 26 of the Basic Law (constitution), obliging the State to control war weapons at all stages from manufacture to marketing. That constitutional obligation is given statutory form through the war weapons control act, the foreign trade and payments act and the foreign trade and payments regulation. In order to underline its political will to pursue a restrictive arms export policy and render transparent the way in which that policy is administered, the Government of the Federal Republic of Germany, on 19 January 2000, adopted a thoroughly revised version of the Political Principles Governing the Export of War Weapons and Other Military Equipment. The restrictive arms export policy of the Federal Republic of Germany means in essence that war weapons may in principle be exported only to countries of the European Union (EU) and the North Atlantic Treaty Organization or countries that have been granted equivalent status by a special decision. Deliveries to other countries are permitted only in exceptional and precisely defined circumstances. A key factor in deciding whether to grant an export licence is conditions within the recipient country, in particular the human rights situation. Furthermore, deliveries must not contribute to the exacerbation of existing tensions. Finally, special attention is being paid to ascertaining the definitive end-use in the country of destination. At the end of the 1980s, intensified efforts by a number of countries to acquire equipment for the development and manufacture of weapons of mass destruction and delivery systems resulted in the extensive reform and further tightening of the German arms export control regime, notably concerning dual-use goods. The Federal Government is committed to harmonizing arms export control policy both at the level of the European Union and at the international level. A major step towards the achievement of that aim was the adoption by the European Council, on 8 June 1998, of the EU Code of Conduct on Arms Exports. It lays down eight common criteria for arms exports and procedural rules for the cooperation of EU member States in this field. This common basis of European arms export control was made legally binding on 8 December 2008, when the European Council adopted a Common Position containing a revised and strengthened version of the Code of Conduct. The EU regulations on export controls for dual-use goods, which came into force in their revised version in 2000 (European Council dual-use regulation 1334/2000 of 22 June 2000, together with the most recent amendments by Council regulation 428/2009 of 5 May 2009), have contributed to greater harmonization in this field. The Federal Republic of Germany is actively involved in the various international control regimes for the prevention of the proliferation of weapons of mass destruction and delivery systems (Nuclear Suppliers Group, Australia Group, Missile Technology Control Regime). With the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, which was set up in 1996 with the collaboration of the Federal Republic of Germany, a comprehensive, general exchange of information among participating Governments has been agreed and a gap in the existing control system closed. This regime, too, is designed to harmonize arms export regulations and procedures. More detailed information regarding the policy principles of the Government of Germany regarding the export of war weapons and other military equipment can be obtained at the United Nations Office for Disarmament Affairs or on its website at http://www.un.org/disarmament/convarms/NLDU/html/NLDU.shtml.

• Departure of equipment from the exporter's territory
• Arrival of equipment in the importer's territory