Announcement of General License No. 16 (Telecommunications and Information Security) dated March 26, 2024

I. Preliminary remarks on the amendment to General License No. 16

General Approval No. 16 dated July 28, 2023, which entered into force on September 1, 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. 16, 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 of the General License.

General License No. 16 is valid until March 31, 2025.

II General License

1. title of the General License:

General License No. 16 (Telecommunications and Information Security).

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

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 Section 9(1) of the

Foreign Trade and Payments Ordinance (AWV) in one of the countries named therein

are or may be intended, or if the exporter

is aware that the goods are intended for one of the

intended use;

 if the exporter is aware 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 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;

 for goods according to numbers 4.1, 4.2 and 4.3, if the exporter

is aware that the buyer or recipient is the military, paramilitary, police or

police or intelligence services or that the goods are intended for the civilian

administrations working for the aforementioned organizations or

for organizations and companies owned or controlled by the aforementioned

control of the aforementioned entities;

 to the extent that the Union General Licenses No. EU001, No. EU002,

No. EU003, No. EU004, No. EU006 or EU007 (Annex II Sections A

to D and F of the EU Regulation) are applicable;

 if goods with IT security functions within the meaning of Section 51 of the VSA Instruction (VSA) are to be exported, which, in accordance with the VSA, are issued by the

Federal Office for Information Security (BSI) in accordance with the VSA

or for which approval has been requested for use in connection with

in connection with information that is classified within the meaning of

of § 4 paragraph 2 of the Security Inspection Act (SÜG) as VS -

FOR OFFICIAL USE ONLY or higher.

4. authorized goods:

This General License applies to the following goods:

The export from the customs territory of the European Union of goods listed in Annex I of the EU Regulation

of the European Union (Article 2(17) of the EU Regulation) as follows:

4.1

a) Goods including specially designed or developed components

and accessories specified by 5A001(b)(2)

or 5A001 (c) or (d) of category 5, part 1;

b. Goods specified in 5B001 and 5D001,

if they are testing, inspection or production equipment or

software for the goods mentioned under a);

4.2 Technology specified in 5E001.a. when it is required for the

the installation, operation, maintenance or repair of goods specified in 4.1

and is intended for the same end user;

4.3. goods, including specially designed or developed components and

accessories covered by items of category 5 part 2 (cryptographic

information security) classes A through D, as follows:

(a) commercial civilian base stations for cellular mobile telephone networks having all of the following characteristics

following characteristics:

1. limited to use with cellular telephones where encryption of

encryption of the message traffic exclusively on the direct

direct connection between the radio telephone and the base station (known as the

air interface), and

2. not suitable for encrypting message traffic,

except over the air interface;

b. equipment specified in 5B002 for devices specified in a.

equipment;

c. software forming part of a device having the characteristics or functions

described in a) and b);

d. goods specified in the following items or sub-items

and whose cryptographic functionality is not intended for authorities of the

Federal Republic of Germany (with the exception of Deutsche Post AG as

legal successor of the Deutsche Bundespost) is or has been specially developed or

is or has been specially modified:

 5A002a;

 5D002a1, insofar as the goods are specially designed or modified for the use of

specially designed or modified for use with equipment specified in

specified in 5A002.a;

 5D002.c.1., in so far as it relates to software having the characteristics

characteristics of, or performs or simulates the function of, equipment specified in 5A002.a.

or simulates the function thereof;

 5D002b;

4.4 Technology solely for the use of goods specified in 4.3(a) to (c) and technology used by the

and technology specified in 5E002.b.

5. authorized destinations:

This General License applies to exports to consignees and end-users

to the following destinations:

To all countries except

 arms embargo countries as defined in Article 2(19) of the EU Regulation and

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

Uzbekistan

and additionally for goods according to No. 4.3 d except

Ethiopia, Angola, Burundi, Mozambique, Nigeria, Tanzania and Uganda.

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 Authorization, he must

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

after the first export. 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 to the extent of the usual notifications

usual reports, Section 23 of the Foreign Trade and Payments Act (AWG).

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

that arise when using 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 Approval in whole or in part insofar as

to the extent required by the points mentioned in Article 15 of the EU Regulation.

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 requirements

requirements and ancillary provisions of this General License.

of this General License. The principles on the reliability of exporters (Section 8

paragraph 2 sentence 1 of the Foreign Trade and Payments Act) shall 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.

The previous version of the General License No. 16 shall take effect from 1 March 2025.

No. 16 shall expire with effect from April 1, 2024.

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

authorization pursuant to 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

only permitted if they are delivered to a destination that is a beneficiary under number 5 of this

of this General License, to the customs territory of the Union (§ 2 para.

25 AWG) or to a country listed in Annex II Section A Part 2 of Regulation 2021/821

(EU Regulation).

Within the scope of application of General License No. 16, General License No.

General Permit No. EU008 can be used as an alternative, provided its

requirements are also met.

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/A16".

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

The General License No. 16 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

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