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EN - Allgemeine Genehmigung Nr. 19 – Landfahrzeuge für militärische Zwecke
Announcement of General Approval No. 19 (Land Vehicles for Military Purposes) dated March 26, 202
I. Preliminary remarks on the amendment to General Approval No. 19
General Approval No. 19 dated January 5, 2024, which entered into force on January 8, 2024, is hereby amended with effect from
entered into force on January 8, 2024, is reissued with effect from April 1, 2024.
Compared to the previous version of General Approval No. 19, 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.
Section II number 3.2 clarifies that the exclusion applies in the case of
the existence of an individual, maximum amount or collective license for the identical export or
or transfer project only applies if the period of validity of this license has not yet expired.
has not yet expired.
In Section II, number 5, the range of authorized destinations for
exports of goods under number 0006a of Part I Section A of the Export List
(AL to the AWV) is extended to include government entities in Ukraine with the exception of
Ukrainian government-controlled areas of Ukrainian regions (e.g. Donetsk,
Luhansk, Zaporizhzhia, Kherson, Crimea and Sevastopol).
There is no need to monitor exports of these goods without exception by means of
individual licensing procedures is not apparent. In an effort to limit the
control of goods traffic to sensitive transactions and actions and not to
and not to burden foreign trade more than is necessary, the following
the exports described below can therefore be carried out by way of a general license.
general license.
In addition, in accordance with Section II, Number 6.2, notifications of exports or
exports or shipments are waived if these exports or shipments are subject to an individual
individual, maximum amount or collective authorization was issued for these exports or
the validity period has expired and the originally authorized value of the goods has not yet been
value of the goods has not yet been fully utilized. However, the exporter or
in these cases must, however, at the request of BAFA, submit a detailed product
product notification and provide information on exports or shipments carried out to the extent
shipments within the scope of the usual notifications (Section 23 AWG).
A note has been added to the effect that re-exports from another country to a
destination authorized in accordance with Section II, Number 5 are permitted, provided that the
requirements according to number 4 of this General License are met
and there is no reason for exclusion according to number 3 of this General License
exists. In these cases, no prior approval by BAFA is required.
Otherwise, a re-export in accordance with the submitted
end-use certificate requires the prior approval of BAFA.
There are no further changes to the content.
General License No. 19 is valid until March 31, 2025.
II General License
Title 1 of the General Export and Transfer License:
General License No. 19 (Land Vehicles for Military Purposes).
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 and Transfer License pursuant to
§ Section 1 (2) of the Foreign Trade and Payments Ordinance (AWV). This license applies
to exports within the meaning of Section 2 (3) of the Foreign Trade and Payments Act (AWG) and
shipments within the meaning of Section 2 (21) No. 1 AWG by nationals within the meaning of
of § 2 paragraph 15 AWG.
3.2 This General License shall not apply,
if the shipper or exporter has been informed by BAFA
that the goods in question are intended in whole or in part for one of the
uses within the meaning of Article 4(1) of Regulation (EU)
2021/821 (hereinafter referred to as EU Regulation) or for a use within the meaning of
Article 5(1) of that Regulation are or may be intended
or if the transferor or exporter is aware that the goods are or may be
goods are intended for one of the uses specified therein,
if the goods in question are exported or transferred to a free zone or free warehouse
are exported or transferred to a free zone or free warehouse located in a destination
destination covered by this General Authorization, unless the goods are
the goods are only received in the free zone or free warehouse and are demonstrably
and demonstrably forwarded to the consignee in the country of destination
consignee in the country of destination or
if re-export from the free zone or free warehouse is permitted in accordance with the
export control regulations of the country of destination
is controlled,
for goods that are subject to the War Weapons Control Act (KrWaffKontrG) and the
War Weapons List issued for this purpose,
if an offense has been committed negligently, recklessly or intentionally.
of criminal offenses pursuant to §§ 19, 20 or 20a of the War Weapons Control Act
War Weapons Control Act;
all other licensing regulations to be observed in individual cases
and prohibitions (e.g. embargo provisions as well as provisions or
provisions and orders on the application of restrictive measures to
combating terrorism) remain unaffected;
if the exporter or transferor is aware that the final destination of the
the final destination of the goods is a country not listed in Section
II, point 5 of this General License, in particular
is a country listed in Section 74 (1) AWV, or
if, for the identical export or shipment project, an individual
the entry into force of this General License,
maximum amount or collective authorization was issued for the identical export or
period of validity has not yet expired,
4. authorized goods:
This General License covers the export and transfer of goods of
sub-numbers 0006a and 0006b of Part I Section A of the Export List (Annex AL
to the AWV) with the exception of goods listed in the War Weapons List (Annex to the
KrWaffKontrG).
5 Authorized destinations:
This General License applies to exports or shipments to
recipients and end users in the following destinations:
5.1 the customs territory of the European Union (§ 2 paragraph 25 AWG),
5.2 certain NATO member states: Albania, Belgium, Bulgaria, Denmark,
Estonia, Finland, France, Greece, Iceland, Italy, Canada, Croatia,
Latvia, Lithuania, Luxembourg, Montenegro, Netherlands, North Macedonia,
Norway, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia,
Spain, Czech Republic, Hungary, United Kingdom and
United States,
5.3 Australia, Chile, Japan, Liechtenstein, New Zealand, the Republic of Korea,
Switzerland, Singapore and Uruguay,
5.4 for goods of sub-item 0006a to government agencies of the Ukrainian
government, with the exception of territories not controlled by the government of Ukraine
areas of Ukrainian regions (e.g. Donetsk, Luhansk, Zaporizhzhia,
Kherson, Crimea and Sevastopol),
5.5 for goods under sub-item 0006b of Part I Section A of the Export List
(Annex AL to the AWV) to all countries other than those listed in Section 74 (1) AWV
and except Afghanistan, Egypt, Ethiopia, Armenia,
Azerbaijan, Burkina Faso, China (including the Hong Kong
China (including the Hong Kong Special Administrative Region), Ivory Coast, Eritrea, Gabon, Yemen,
Liberia, Mali, Morocco, Mozambique, Niger, Rwanda, Saudi Arabia, Sierra Leone,
Thailand, Turkey, Uzbekistan and the United Arab Emirates, provided that the export
the export was preceded by a shipment from within the country and the shipper
is aware that the subsequent export has been authorized by a Member State of the
European Union, unless the shipper is aware or has been informed by the
or has been informed by BAFA that the granting of an export license for the
the issuance of an export license for the export of these goods to the consignee or
end user has been refused by BAFA,
5.6 for goods of sub-number 0006b of Part I Section A of the Export List
(Annex AL to the AWV) with final destination at embassies and other
offices of the Federal Republic of Germany or of the countries listed in 5.1,
5.2, 5.3 and 5.5 as well as delegations of the European Commission
Commission, with the exception of embassies, other offices and representations
representations in countries listed in Section 74 (1) AWV and in
Afghanistan, Egypt, Ethiopia, Armenia, Azerbaijan, Burkina Faso,
China (including the Hong Kong Special Administrative Region),
Ivory Coast, Eritrea, Gabon, Yemen, Liberia, Mali, Morocco, Mozambique,
Rwanda, Saudi Arabia, Sierra Leone, Thailand, Turkey, Uzbekistan and the United Arab Emirates.
the United Arab Emirates.
6. ancillary provisions:
This General License is issued subject to the following conditions:
6.1 If the exporter or transferor intends to utilize this General
to make use of this General Authorization, he must register before the first export or
or shipment, or within 30 days thereafter, register with BAFA as a user.
register as a user. This declaration of registration for the use of this
General License must be created and submitted electronically using the ELAN-K2 export system.
and submitted electronically. For the use of the ELAN-K2
export system, registration for this system is required in advance.
Access to this system is via a link " ELAN-K2 Export System " on the BAFA website at www.bafa.de/ausfuhr and the keywords
keywords "Application, ELAN-K2 Export".
6.2 Exports and shipments carried out on the basis of this General License must be
and shipments made on the basis of this General License must be reported to BAFA by the exporter or
export system to the BAFA. The notifications can be made using an
electronic notification form directly in the ELAN-K2 export system or via
an interface provided by the BAFA by means of an XML file to be
XML file to be uploaded. Deliveries of several similar goods
goods to one recipient must be combined.
The reporting period consists of one half-year (January 1 to June 30
and July 1 to December 31). The declarations must be submitted in the period from January 1 to 31 and from July 1 to 31.
January and July 1 to 31 for the previous half-year.
Notifications can only be submitted during these periods. The
The notifications must be submitted correctly and completely to the
BAFA via the ELAN-K2 export system.
Notwithstanding the above, reports on exports or shipments are not required if
shipments are waived if these exports or shipments are subject to a single
individual, maximum amount or collective license was issued for these exports or shipments, the
period of validity has expired and the originally authorized value of the goods
has not yet been fully utilized.
In these cases, however, the exporter or transferor must, at the request of the
BAFA to submit a detailed product notification and provide information on
exports or shipments within the scope of the usual notifications
(§ 23 AWG).
If no or no notifiable exports or shipments have been made during the reporting period
shipments were made on the basis of this General License, this fact must be
this circumstance must be reported electronically (zero report).
6.3 The exporter or transferor must ensure the secure storage of all documents
documents that arise when using the general authorization.
authorization. These documents must be kept after the end of the calendar year
in which the export took place for at least three years. Other
retention obligations remain unaffected.
Furthermore, the exporter or transferor is obliged to submit to BAFA an
BAFA to inspect the above-mentioned documents on the company's premises.
business premises. If permission is not granted, the right to revoke this authorization
is reserved.
6.4 In the case of Section II, point 5.5, the shipper shall provide a copy of the
relevant export license of the Member State of the European Union
Union to his business records and submit them to BAFA upon request.
upon request.
6.5 BAFA may revoke this General License in whole or in part if the
revoke this General License in whole or in part if the protective purposes set out in § 4 (1), (2) of the AWG
require this, in particular in the event of violations of foreign trade
regulations and provisions of this General License. The
revocation will be announced on the BAFA website. This also applies to
the subsequent inclusion, amendment or supplementation of an
ancillary provision.
This General License may also be revoked in respect of individual exporters
and shippers insofar as the protective purposes specified in Section 4 (1) and (2) AWG
require this in individual cases, in particular in the event of
violations of the export regulations including the provisions
of this General License.
Furthermore, the General License may be revoked in respect of
individual exporters and shippers may also be revoked if they do not
sufficient guarantee of compliance with the relevant export control
export control regulations and the requirements and ancillary
ancillary provisions of this General License. The principles
on the reliability of exporters (§ 8 paragraph 2 sentence 1 AWG) apply accordingly.
accordingly.
6.6 The right to subsequently include, amend or supplement an
subsidiary provision remains reserved.
6.7 This General License shall enter into force on 1 April 2024 and shall be valid for a limited period until 31 March 2025.
until March 31, 2025. The previous version of the General Approval
No. 19 expires with effect from April 1, 2024.
Notes on the use of General License No. 19:
Onward deliveries are only permitted in accordance with numbers 3 and 4 of this General
only permitted if they are made to a destination that is a beneficiary in accordance with number 5 of this
of this General License.
In the electronic export declaration, the exporter must indicate in the item data
as a supporting document or as part of the default concept in box 44 of the Single Administrative Document
the authorization code 3LLC/A19. The customs
depreciation is waived.
Note on the requirement to obtain approval for intended
re-exports:
Re-exports from another country to a destination authorized under Section II, point 5
are permitted, provided that the requirements in accordance with
4 of this General License are met and no reason for
grounds for exclusion in accordance with number 3 of this General License. In
these cases, no prior approval by BAFA is required.
Otherwise, a re-export in accordance with the submitted
end-use certificate requires the prior approval of BAFA.
Other information:
General Approval No. 19 is hereby revoked pursuant to Section 41 (3) sentence 2 in
in conjunction with Section 41 (4) of the Administrative Procedure Act (VwVfG)
publicly announced.
The General License and information on legal remedies may be published in accordance with
§ 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 and notification procedure can also be found on
the BAFA website and in the information sheet on general licenses
(www.bafa.de/agg).
Further information on general licenses can be obtained from BAFA, Division 211,
on the notification procedure, Division 216, by telephone on 06196 908-0 or by fax on 06196 908-1916.
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