Announcement of General License No. 13 (FAG) for the export of certain dual-use items in certain case groups dated March 26, 2024

I. Preliminary remarks on the amendment to General License No. 13

General License No. 13 dated January 5, 2024, which entered into force on January 8, 2024

entered into force on January 8, 2024, is reissued with effect from April 1, 2024.

Compared to the previous version of General License No. 13, 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. 13 is valid until March 31, 2025.

II General license

1. title of the General License:

General License No. 13 (FAG) for the export of certain dual-use items in certain cases.

dual-use goods in certain case groups.

2. issuing authority:

Federal Office of Economics and Export Control, 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 one of the uses referred to therein;

 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), unless the export falls under one of the

the export falls under one of the case groups of numbers 4.8, 4.9

or 4.11 of Section II of this General License;

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

that 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:

The export of dual-use items listed in Annex I of the EU Regulation

dual-use items with the exception of

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

 Items of 1A002.a., 1C012.a., 1C227, 1C228,

1C229, 1C230, 1C231, 1C236, 1C237, 1C240, 1C350, 1C450, 1E001, 4A005,

4D004, 4E001c, 5A001b5, 5A001f, 5A001h, 5A001j, 5D001a, 5E001a, 

6A001a2a1, 6A001a2a5, 6A002a1c, 6D001, 6E001, 6E002, 7D003a, 7D003b,

8A001b, 8A001c1, 8D001, 8E001, 9A011, 9D001, 9D002, 9E001, 9E002,

9E003a1, 9E003a3a of Annex I to the EU Regulation and

 goods specified in 1A004.c. of Annex I to the EU Regulation, with the exception of

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

BAFA that these goods are to be used 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 and the goods are also not intended for civilian

civilian administrations of the abovementioned entities or other administrations working

for the aforementioned organizations,

from the customs territory of the European Union (Article 2(17) of the EU Regulation) in

the following groups of cases:

4.1 Goods for consumption or use on pilot transfer vessels or

vessels of the Member States of the European Union outside their territorial waters

territorial waters and on installations or devices used in the area of the continental shelves of the

continental shelves of the Member States of the European Union for the exploration and

and extraction of mineral resources;

4.2 means of transport together with accessories and loading equipment, unless they are

are merchandise;

4.3 non-military means of transport and parts thereof which are brought from the customs territory of the

from the customs territory of the European Union (Article 2 no.

17 of the EU Regulation) or after their maintenance or repair in the customs territory of the

European Union, with the exception of helicopters,

helicopter power transmission systems, gas turbine engines and

auxiliary power units (APU's) for use in helicopters as well as spare parts and technology

and technology therefor, if the country of destination is an embargoed country within the meaning of

of Article 2 number 19 of the EU Regulation; 

4.4 Goods which, at the time of export, are carried on means of transport

and for their equipment, operation, maintenance or repair, for the

handling of the cargo, for use or consumption during the voyage

or for sale to passengers; this does not apply to goods of a common market organization of the

common market organization of the European Union for which, if they are supplied as

for which, if they are supplied as ship or aircraft supplies, an export license

is required;

4.5 goods which are intended for Union air carriers, including police and rescue

air rescue services, for the repair of their aircraft or those supplied to an air carrier

owned by an air carrier established in a member state of the Organization for Economic Cooperation and

Organization for Economic Cooperation and Development, or otherwise for the purpose of

air transportation from the customs territory of the European Union (Article 2

Union (Article 2(17) of the EU Regulation);

4.6 Construction materials, equipment and other service items for connecting

connecting lines and for advanced railroad stations, customs offices and

and post offices in third countries;

4.7 goods in administrative and legal assistance traffic between the European Union or its

its Member States with third countries;

4.8 Goods that are transported by authorities and services of the European Union or one of its

Union or one of its Member States for the performance of official duties or for their own

official use, for storage or repair;

4.9 goods supplied to the Bundeswehr on the basis of orders placed by the Bundeswehr

as well as goods for the performance of official duties within the framework of

security measures of the Commission of the European Union and the

International Atomic Energy Agency under the Euratom Treaty and the Convention of

Convention of April 5, 1973 (BGBl. 1974 II p. 794) in implementation of

Article III, paragraphs 1 and 4 of the Treaty of July 1, 1968 on the

non-proliferation of nuclear weapons;

4.10 Gifts given by heads of state, members of government and members of parliament in the context of

of intergovernmental relations with third countries from German

authorities and offices;

4.11 Goods which the foreign troops stationed in the customs territory of the European Union (Article 2 number 17

EU Regulation), foreign troops stationed in the customs territory of the

organizations, the civilian entourage and their members and dependents of the

members have in their possession;

4.12 goods which are not accepted by the consignee resident in the Union or

which are undeliverable if they remain in the custody of the customs authority;

Goods brought into the customs territory of the European Union by mistake (Article 2

(Article 2(17) of the EU Regulation) and remain in the custody of the

the transport company;

4.13 Containers and other large-capacity receptacles which are used in the same way as these

used as such, unless they are the subject of a commercial transaction

are the subject of a commercial transaction;

4.14 goods exported for first aid in disaster situations or as donations in emergency situations

as well as exports for the purpose of protecting the civilian population

population to prevent epidemics and epidemics;

4.15 Goods for the performance of official duties which

a) in accordance with the accession laws of the Federal Republic of Germany to

treaties with third countries or

b) in accordance with ordinances issued by the Federal Government on the basis of Article 3

of the Act of June 22, 1954 on the Accession of the Federal Republic of

Germany to the Convention on the Privileges and Immunities of the

Specialized Agencies of the United Nations of 21 November 1947

and on the Granting of Privileges and Immunities to Other

intergovernmental organizations (BGBl. 1954 II p. 639) in the version 

of Article 4 para. 1 of the Act of August 16, 1980 (BGBl. II p. 941)

are exempt from export restrictions;

4.16

a) goods that have been brought into the customs territory of the European Union (Article 2 number 17

EU Regulation) and are re-exported unchanged to the country of dispatch if they have not yet been

country of dispatch if they have not yet been cleared for import or if they

or if they have not remained in the customs territory of the European Union for more than twelve

European Union for more than twelve months;

b) technology, provided that it enters the customs territory of the European Union

(Article 2(17) of the EU Regulation) and re-exported unchanged to the country of

re-exported to the country of dispatch; the same applies if the technology

technology has been supplemented with entries that are neither alone nor

in conjunction with the document to be re-exported, permit a use

use that goes beyond the use that was possible before the

possibility of use that goes beyond that which existed before the addition;

4.17 Items that have been approved by the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons

Chemical Weapons Organization for the implementation of the provisions of the Convention of 13.

January 1993 on the Prohibition of the Development, Production, Stockpiling and

the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction (BGBl.

1994, Volume II, p. 806) for the implementation of the permitted

verification measures;

4.18 goods exported to exclusive economic zones (EEZ) within the meaning of Art. 55 of the

United Nations Convention on the Law of the Sea (UNCLOS) of December 10, 1982

1982 of the countries named in Section II Number 5.1;

4.19 goods that are exported by foundations under public law or registered associations

for the pursuit of charitable purposes within the meaning of section

"Tax-privileged purposes" of the German Fiscal Code or by

research institutes for the purpose of marine and polar science research 

research on research voyages for use or consumption on this voyage

provided that federal or state ministries of the Federal Republic of

Germany are organically represented in the foundation or registered association

or, in the case of research institutes, are the owner of the vessel used and the goods are not

ship and the goods are not made available to third parties for their own research

made available to third parties for their own research purposes;

4.20 Goods that are taken on research voyages for the purpose of archaeological research

for use or consumption during the voyage, provided that the goods are not

are not made available to third parties;

4.21 goods which, due to legal regulations, are used as ship's equipment on a vessel

on a vessel flying the flag of a Member State of the European Union

Member State of the European Union, provided that the goods are intended to remain on

on this ship;

4.22 goods that are exported to a government agency of the Federal Republic of Germany abroad

of the Federal Republic of Germany abroad, provided that at the time of export a contract for the

the goods with this government agency;

4.23 goods which are exported on behalf of or at the instigation of the Foreign Office of the

Federal Republic of Germany for the performance of official duties or for official

official duties or for official use;

4.24 Goods that are exported as part of a German government

government, provided that the export is made on the basis of a contract existing at the time of the

contract existing at the time of export in connection with this

the export takes place on the basis of a contract existing at the time of export in connection with this

Federal Ministry responsible;

4.25 Goods exported to an official peacekeeping mission of the United Nations

provided that the export is made on the basis of a treaty or order existing at the time of export

contract or order in existence at the time of export, which has this

Nations peacekeeping mission as the recipient;

4.26 goods exported to the armed forces of a member state of the European Union,

a member state of NATO, with the exception of Turkey, or to the armed forces of

armed forces of Australia, Japan, Liechtenstein, New Zealand or Switzerland,

for the performance of official duties or for their own official use

outside their own national territory;

4.27 Special machine tools for the milling of dental prostheses of the

list number 2B201a and for the aforementioned machine tools

associated software of item 2D002 of Annex I to the EU Regulation, provided that

these are intended for dental applications.

5 Authorized destinations:

This General License is valid for exports to consignees and end-users

for the following destinations:

5.1 as far as case group section II, number 4.18 is concerned, exclusively for

exports to exclusive economic zones within the meaning of Art. 55 of the

United Nations Convention on the Law of the Sea (UNCLOS) of December 10, 1982.

1982 of the Member States of the European Union, the countries listed in Annex II

Section A Part 2 of the EU Regulation as well as Argentina, Chile, Mexico, Republic of Korea,

Singapore and Uruguay.

5.2 insofar as all other case groups of Section II, Number 4 are concerned:

Exports to 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

General License, he must register with the BAFA as a user before the first export or within 30 days thereafter.

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".

This obligation does not apply to exporters who exclusively export goods according to the

case groups of Section II, numbers 4.8 or 4.11.

6.2 Regular reports on the use of this general authorization are

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

information on exports carried out to the extent of the usual notifications, Section

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

individual exporters, insofar as the points mentioned 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) shall apply accordingly.

6.5 The right to subsequently include, amend or supplement an

subsidiary provision remains reserved.

6.6 This General License shall enter into force on April 1, 2024 and shall be valid for a limited period until

The previous version of General Approval No. 13 shall take effect as of March 31, 2025.

No. 13 shall expire with effect from April 1, 2024.

6.7 In the public interest, the immediate execution of this general

approval pursuant to Section 80 (2) No. 4 of the German Code of Administrative Court Procedure (VwGO)

is ordered.

Notes:

In the electronic export declaration, the exporter must indicate 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/A13".

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

The General License No. 13 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.

The General License and information on legal remedies may be published in accordance with Section 41

paragraph 4 sentence 2 VwVfG at the Federal Office of Economics and Export Control, 

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

during normal 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,

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

by fax no. 06196 908-1800.

Right of appeal

An appeal against the 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