Announcement of General License No. 12 (WGG) for the export of certain dual-use items below a certain value limit dated March 26, 2024

I. Preliminary remarks on the amendment to General License No. 12

General License No. 12 dated 28 July 2023, which entered into force on 1 September 2023

entered into force on September 1, 2023, is being reissued with effect from April 1, 2024.

Compared to the previous version of General License No. 12, the following changes

the following changes:

In section II number 3.2, the 4th indent is added, according to which the General

authorization does not apply if an offence of negligent, reckless or intentional

intentional commission of criminal offenses pursuant to Section 20a KrWaffKontrG.

There are no further changes to the content.

General License No. 12 is valid until March 31, 2025.

II General license

Title 1 of the General License:

General License No. 12 for the export of certain dual-use items below a certain value limit.

dual-use goods below a certain value limit.

2. issuing authority:

Federal Office of Economics and Export Control (BAFA), Frankfurter Straße 29-35,

65760 Eschborn.

3 Validity:

3.1 This is a General Export Authorization pursuant to Article 12(1)

letter c) of Regulation (EU) 2021/821 (hereinafter: EU Regulation). This

authorization is valid in all Member States of the European

Member States of the European Union.

3.2 This General Authorization is not valid,

 if the exporter has been informed by BAFA that the goods in question are intended

goods concerned are intended, in whole or in part, for one of the uses

the meaning of Article 4(1) of the EU Regulation or for one of the uses

within the meaning of Article 5(1) of this Regulation or

or if the exporter is aware that the goods are or may be intended

goods are intended for the uses referred to in these provisions

are intended;

 if the exporter knows at the time of export that the goods to be

to be supplied for nuclear or military purposes or for the purposes of

purposes (including missile construction);

 if the goods in question are exported to a free zone or a free warehouse

which is located in a destination to which this General License applies

destination covered by this General License, unless the goods

the goods are only received in the free zone or free warehouse and

demonstrably transported to the consignee specified in the export declaration

in the country of destination or if a re-export from the free zone or the

from the free zone or free warehouse is demonstrably permitted in accordance with the

controlled in accordance with the export control regulations of the receiving country

is controlled;

 if an offense of negligent, reckless or intentional

of criminal offenses in accordance with §§ 19, 20 or 20a of the

of the War Weapons Control Act (KrWaffKontrG); all other licensing regulations

and prohibitions to be observed in individual cases (e.g. embargo provisions and

embargo provisions and provisions or orders concerning the application of restrictive

application of restrictive measures to combat terrorism)

remain unaffected;

 insofar as the General Licenses of the Union No. EU001, No. EU002,

No. EU003, No. EU004, No. EU005, EU006, EU007 or EU008 (Annex II

Sections A to H of the EU Regulation) are applicable;

 if goods with IT security functions within the meaning of Section 51 (1) of the

VS-Instruction (VSA) are to be exported, which according to the VSA have been approved by the

Federal Office for Information Security or

for which approval has been requested for use in connection with

in connection with information classified as classified information within the meaning of

of § 4 of the Security Review Act as VS - ONLY FOR

FOR SERVICE USE ONLY or higher.

4. authorized goods:

This General License applies to the following goods:

All goods listed in Annex I of the EU Regulation, except

 the goods listed in Annex II Section I of the EU Regulation;

 all items of classes D and E and items of export list numbers

1A002a, 1C012a, 1C227, 1C228, 1C229, 1C230, 1C231, 1C236, 1C237,

1C240, 1C350, 1C450, 4A005, 5A001b5, 5A001f, 5A001h, 5A001j, 6A001a2a1,

6A001a2a5, 6A002a1c, 8A001b, 8A001c1, 9A011 of Annex I of the EU Regulation;

 Goods of export list number 1A004c, with the exception of biological detection

biological detection equipment, if the exporter is aware or has been informed by BAFA

BAFA that these goods are intended exclusively for the purpose of

food control or exclusively for the protection of the civilian population

population from epidemics and epidemics and the recipient or end user is not

the recipient or end user is not the military, paramilitary, police or intelligence services

police or intelligence services or the goods are not intended for civilian

civilian administrations of the aforementioned entities or other administrations that

for the aforementioned organizations,

if, according to the contract on which the export is based, goods with a value not exceeding

than 10,000 euros are to be delivered. When calculating the value of the goods

Section 2 (23) of the Foreign Trade and Payments Act (AWG) applies.

5 Authorized destinations:

This General License applies to exports to consignees and end users

to the following destinations:

All countries, except

 arms embargo countries within the meaning of Article 2(19) of the EU Regulation and

 Egypt, Afghanistan, Yemen, Pakistan, Syria, Tajikistan, Turkmenistan,

Uzbekistan.

6 Ancillary provisions:

This General License is granted subject to the following conditions:

6.1 If the exporter intends to make use of this General License, he must

to make use of this General License, he must register with BAFA as a user before the first export or within 30 days

the BAFA as a user before the first export or within 30 days thereafter. This declaration of

registration for the use of this General License must be submitted electronically using the

ELAN-K2 export system and transmitted electronically. For the

use of the ELAN-K2 export system requires prior registration for this system.

system is required. Access to this system is via a link

"ELAN-K2 Export System" on the BAFA website at

www.bafa.de/ausfuhr and the keywords "Application, ELAN-K2 Export".

6.2 Regular reports on the use of this General License are not required.

authorization is waived. However, at the request of the BAFA, the exporter must

information on exports carried out within the scope of the usual notifications

usual reports, § 23 Foreign Trade and Payments Act.

6.3 The exporter must ensure that all documents are stored securely,

that arise in connection with the use of the General License. These

documents must be kept for at least three years after the end of the calendar year in which the export took place,

for at least three years after the end of the calendar year in which the export took place. Article 27 of the EU Regulation applies

accordingly. Other retention obligations remain unaffected.

Furthermore, the exporter is obliged to allow BAFA to inspect the above-mentioned

documents on the business premises of the company. In the event of

If permission is not granted, this authorization may be revoked.

6.4 BAFA may revoke this General License in whole or in part if the

revoke this General Approval in whole or in part if the points mentioned in Article 15 of the EU Regulation so require.

The revocation shall be announced on the BAFA website. This shall also apply

to the subsequent inclusion, amendment or supplementation of an

ancillary provision. This General License may also be revoked in respect of

revoked in respect of individual exporters if the points specified in Article 15 of the EU Regulation

require this in individual cases, in particular in the event of violations 

against the export regulations including the provisions of this

General License.

Furthermore, the General License may be revoked in respect of

individual exporters if they cannot provide sufficient guarantee of compliance with the relevant

compliance with the relevant export control regulations and the conditions and

requirements and ancillary provisions of this General License.

offer. The principles on the reliability of exporters (Section 8 (2) sentence

1 Foreign Trade and Payments Act) apply accordingly.

The right to subsequently include, amend or supplement an

subsidiary provision remains reserved.

6.5 This General License shall enter into force on April 1, 2024 and shall be valid for a limited period until March 31, 2025.

until March 31, 2025. The previous version of the General License

No. 12 shall expire with effect from April 1, 2024.

6.6 In the public interest, the immediate execution of this General

in accordance with Section 80 (2) No. 4 of the German Code of Administrative Court Procedure (VwGO)

is ordered.

Notes:

Onward deliveries are only permitted in accordance with numbers 3 and 4 of this

of this General License only if they are delivered to a destination benefiting from number 5

of this General License, to the customs territory of the

customs territory of the Union (Section 2 (25) AWG) or to a country listed in Annex II

Section A Part 2 of Regulation 2021/821 (EU Regulation).

In the electronic export declaration, the exporter must include the following in the item data

as a document or as part of the default concept in box 44 of the Single Administrative Document

the authorization code "X071/A12".

The customs write-off of the export consignment is waived.

The General License No. 12 is hereby revoked in accordance with § 41 paragraph 3 sentence 2 in

in conjunction with § 41 paragraph 4 of the Administrative Procedure Act (VwVfG)

publicly announced.

This General Authorization and information on legal remedies may be published in accordance with

§ Section 41 (4) sentence 2 VwVfG at the Federal Office of Economics and Export Control

(BAFA), Frankfurter Straße 29-35, 65760 Eschborn, during normal office hours.

office hours.

Information and templates for the registration procedure can also be found on the

BAFA website and in the information sheet on general licenses

(www.bafa.de/agg).

Further information on the general license can be obtained from BAFA, Division 211,

for the registration procedure, Division 216, by telephone on 06196 908-0 or

by fax no. 06196 908-1800.

Right of appeal

An appeal against this General License may be lodged within one month of its

the Federal Office of Economics and Export Control, Eschborn/Ts,

within one month of its announcement.

Eschborn, March 26, 2024

Federal Office of Economics and Export Control (BAFA)

By order of

Pietsch