In principle, any company that exports goods, software, technology, or services abroad is subject to export control laws—regardless of its industry or size. Export control is particularly relevant for exporters of defence-related items, dual-use goods, machinery, electronics, software and IT, as well as start-ups developing innovative technologies.

Foreign trade law comprises all legal provisions governing the international movement of goods and services. In Germany, it is primarily regulated by the Foreign Trade and Payments Act (Außenwirtschaftsgesetz – AWG) and the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – AWV).

Additional regulations include EU instruments such as the EU Dual-Use Regulation and embargo regulations. Other specific laws include the War Weapons Control Act (Kriegswaffenkontrollgesetz – KrWaffKontrG), the Firearms Regulation (Feuerwaffen-VO), the Anti-Torture Regulation, and the Chemical Weapons Convention (CWC).

An embargo is a government-imposed prohibition or restriction on trade with specific countries, goods, or individuals. In Germany, embargoes are enforced through statutory regulations based on the Foreign Trade and Payments Act (AWG), such as the Russia Embargo Regulation or the North Korea Embargo Regulation.

Types of embargoes include partial embargoes, total embargoes, and arms embargoes.

Violations of foreign trade law can be prosecuted as either administrative offences or criminal acts. If a violation is suspected, investigative proceedings are initiated and the relevant goods may be seized.

Penalties under foreign trade law are particularly severe. In criminal cases, sanctions may include imprisonment of up to ten years or substantial fines. Administrative offences can result in fines of up to EUR 500,000.

An Export Officer is a person within a company who is responsible for ensuring compliance with foreign trade regulations, particularly with regard to the export of goods. This individual is either a member of senior management or has been formally delegated this responsibility.

The Export Officer signs export licence applications, coordinates, monitors and documents export processes, and oversees personnel selection and training. They also act as the primary point of contact for the authorities.

In principle, any company that exports goods, technology, or services must carry out export control checks. This is especially critical when dealing with military equipment or dual-use items—i.e. goods that can serve both civilian and military purposes.

Export control must consider the business partner, the destination country, product classification, and intended use. Even goods that appear non-critical at first glance may fall under export restrictions due to their classification as dual-use items or their sensitive end-use.

Moreover, exports to sanctioned individuals or embargoed countries are strictly prohibited—including goods, technology, or services.

The most effective way to implement export control is through an internal export control system—ideally by establishing a robust Internal Compliance Programme (ICP). To ensure that such a programme is both effective and legally compliant, companies should seek the support of a specialised lawyer.

An ICP is an internal control system designed to ensure compliance with export control regulations. It includes processes for product classification, sanctions list screening, licence management, and staff training.

We support you in developing and implementing a tailored ICP for your business.

You must check whether your goods or technologies are listed in the relevant dual-use control lists, particularly Annex I or IV of Regulation (EU) 2021/821 concerning the export, brokering, technical assistance, transit, and transfer of dual-use items.

You should also consult the German national export list for dual-use items (Annex AL of the Foreign Trade and Payments Ordinance – AWV).

If the item or technology is listed, you are required to apply for an export licence from the Federal Office for Economic Affairs and Export Control (BAFA).

Dual-use items are products, software, or technologies that can be used for both civilian and military purposes. They are subject to special licensing requirements.

Accurate classification is essential, as violations—whether intentional or not—can lead to serious legal consequences.

Check whether your goods or technologies are listed in the relevant control lists for dual-use items—particularly Annex I or IV of Regulation (EU) 2021/821, which governs the export, brokering, technical assistance, transit, and transfer of dual-use goods.

You should also consult the German national export list for dual-use items (Annex AL of the Foreign Trade and Payments Ordinance – AWV).

If the item or technology is listed, an export licence must be obtained from the Federal Office for Economic Affairs and Export Control (BAFA).

An export licence in the context of foreign trade is required for military goods and defence-related equipment, as well as for goods and technologies with dual-use potential, if they are listed in the annexes to Regulation (EU) 2021/821 and are intended for export to non-EU countries.

A licence is also required for specific goods intended for nuclear-related purposes when exported to certain destinations. In addition, export licences may be necessary if goods are to be exported to sanctioned countries or are intended for sensitive end-uses.

A general export authorisation in foreign trade law does not apply to a specific transaction or individual case, but rather to a category of similar transactions or actions that may be carried out under defined conditions and requirements.

This type of authorisation is intended to simplify and expedite export control procedures by eliminating the need for individual licence applications—provided that all general conditions and criteria are met.

Exporters can request an official ruling from the Federal Office for Economic Affairs and Export Control (BAFA) by applying for a classification ruling (Auskunft zur Güterliste – AzG) or by submitting a preliminary enquiry regarding a planned export transaction.

In addition, a "null ruling" (Nullbescheid) can be requested. This binding decision confirms that a specific export is not subject to licensing requirements and remains valid for three years—providing legal certainty for the exporter.

In standard cases (normal procedure), the export process follows a two-step structure. Export licences should be applied for well in advance—ideally several weeks before the intended export.

First, a customs export declaration must be submitted electronically via the ATLAS export system or the online IAA-Plus platform, either at the customs office of export located near the exporter’s premises or at the place of packaging/loading.

Next, the goods must be physically presented (declared) at the customs office or an authorised location, together with relevant documents such as export licences. Once electronic clearance is granted, the goods may be transported to the customs office of exit at the EU’s external border, accompanied by the Export Accompanying Document (EAD). There, the goods must again be physically presented for export verification.

In addition to the standard two-step procedure, there are simplified and single-step procedures—for example, for low-value consignments of up to €3,000 per shipment and declarant.