Announcement of General Approval No. 20 (Trading and Brokerage Transactions) dated March 26, 2024

I. Preliminary remarks on the amendment to General License No. 20

General License No. 20 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 Approval No. 20, the following changes

the following changes:

In section II number 3.3, the 1st indent is added, according to which the General

General License 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.

The General License is valid until March 31, 2025.

II General license

1. title of the General License:

General License No. 20 (Trading and brokering transactions).

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 License in accordance with § 1 paragraph 2 of the

Foreign Trade and Payments Ordinance (AWV). This license is valid in Germany

and applies to nationals within the meaning of Section 2 (15) of the Foreign Trade and Payments

(AWG).

This General License covers trade and brokerage transactions within the meaning of

as defined in Section 2 (14) of the Foreign Trade and Payments Act (AWG), which are

are subject to authorization.

3.2 This General License may only be used by those who

manufacture the goods on which the trading and brokering business is based

or have them manufactured by companies affiliated under group law

and have declared to the Federal Office of Economics and Export Control

(BAFA) as the person responsible for exports.

3.3 This General License shall not apply,

 if an offense has been committed negligently, recklessly or intentionally.

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

War Weapons Control Act (KrWaffKontrG),

 if the trading and brokering transaction is subject to a licensing requirement

pursuant to § 4 a KrWaffKontrG,

 for all other licensing regulations to be observed in individual case

and prohibitions (e.g. embargo provisions as well as provisions or 

or orders concerning the application of restrictive measures to

measures to combat terrorism), which remain unaffected,

 if the goods underlying the trade and brokerage transaction are to be exported

goods are to be exported from a country listed in Section 74(1)

AWV or if one of the contracting parties is subject to a

prohibition of making available within the meaning of Section 18(1)(1a) AWG

is ordered,

 if the user of this General License has been granted a license by the Federal Office of

(BAFA) has informed the user of this General License that the goods in question

in whole or in part for one of the uses within the meaning of

within the meaning of Article 4(1) of Regulation (EU) 2021/821 (EU Regulation or

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

of Section 9 (1) AWV are or may be intended, or

if the user of the General License is aware that the goods are

goods are intended for one of the uses specified therein,

 if the user of this General License or a company affiliated with him

company affiliated with it has knowledge that

the final destination of the goods is a country not mentioned in

Section II No. 5 of this General License,

in particular a country mentioned in Section 74 (1) AWV,

 if the user of this General Authorization or a company affiliated with him

affiliated company has knowledge that

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

located in a destination to which this General License applies, unless the user of this

General Authorization unless the user or a company affiliated with the user

company affiliated with it has knowledge of this,

that the goods in the free zone or free warehouse will only be received

and demonstrably forwarded to the specified consignee in the country of

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

re-export from the free zone or free warehouse in accordance with the export 

export control regulations of the country of destination

or

 if the user of this General License or a company affiliated with him

affiliated company has knowledge of the fact that

the delivery of the goods does not comply with the import and export

the import and export regulations of the importing and exporting states concerned.

countries concerned.

4 Authorized goods:

4.1 This General License applies to commercial and brokering transactions within the meaning of

the meaning of Section 2 (14) AWG for goods in Part I Section A of the Export List

(Annex AL to the AWV) with the exception of the goods listed in section 4.2.

4.2 This General License does not apply to trading and brokering transactions

brokering transactions concerning the following goods:

 Goods named in the War Weapons List (Annex to the War Weapons Control Act)

are listed,

 which are listed in sub-item 0003a of Part I Section A of the Export List

(Annex AL to the AWV) for ammunition covered by number 0012 of

Part I Section A of the Export List (Annex AL to the AWV),

 Goods listed in items or sub-items 0001, 0002, 0005c,

0007a-e, 0007h-i of Part I Section A of the Export List (Annex AL to the AWV).

AWV),

 Goods of sub-item 0011a, notes a-f and note g)

of Part I Section A of the Export List (Annex AL to the AWV), provided that

Systems for MANPADS or systems as defined in Category I of the

Annex to the MTCR guidelines are concerned,

 Goods of sub-numbers 0009h, 0011a, notes h-i as well as the

numbers or sub-numbers 0011b, 0011c, 0012, 0015a, 0017c, 0017f,

0017g, 0018, 0019, 0020, 0021c of Part I Section A of the Export List

(Annex AL to the AWV),

 Goods of sub-items 0021b5 of Part I Section A of the Export List

(Annex AL to the AWV) and

 Goods of sub-item 0022b of Part I Section A of the Export List

(Annex AL to the AWV), unless they are "indispensable" for the use of the

of the goods and software privileged by this General License.

software privileged by this General License. "

5. authorized destinations:

This General License applies to the following pursuant to Section 46 (1) AWV

subject to authorization according to the following final destinations

final destinations:

5.1 to 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 the United States,

5.2 Australia, Chile, Japan, Liechtenstein, New Zealand, the Republic of Korea,

Switzerland, Singapore and Uruguay.

6. ancillary provisions:

This General License is granted subject to the following conditions:

6.1 If the person intending to carry out trading and brokering transactions

intends to make use of this General Authorization, he must 

before the first conclusion of the trading and brokerage transaction or

register as a user with BAFA within 30 days thereafter. This

declaration of registration for the use of this General License

must be created and submitted electronically using the ELAN-K2 export system.

transmitted. In order to use the ELAN-K2 export system, it is necessary to register for this system in advance.

registration for this system is required in advance. Access to this system

system via a link "ELAN-K2 Export System" on the BAFA website at

BAFA website at www.bafa.de/ausfuhr and the keywords "Application, ELANK2 Export".

6.2 Regular reports on the use of this general authorization are

authorization is waived. However, the exporter or transferor must, at the

However, at the request of BAFA, the exporter or transferor must submit a detailed product notification and

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

(§ 23 AWG).

6.3 The user of this General License must ensure that all documents

safekeeping of all documents arising from the use of the General License.

General License. These documents are to be returned after the end of the

calendar year in which the trading and brokerage transaction was carried out,

for at least three years. Other retention obligations

remain unaffected.

Furthermore, the user of this General License is obliged to submit to

BAFA to inspect the above-mentioned documents on the business premises of the company.

company's business premises. If permission is not granted, the right to revoke this

authorization.

6.4 The BAFA may revoke this General License in whole or in part

revoke this General License in whole or in part if the protective purposes specified in § 4 (1), (2) AWG

in particular in the event of violations of foreign trade regulations

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 users

revoked insofar as the protection purposes specified in Section 4 (1), (2) AWG

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

the export regulations including the provisions of this General License.

license.

Furthermore, the General License may be revoked in respect of

individual users may also be revoked if they cannot provide sufficient guarantee

for compliance with the relevant export control regulations and

the requirements and ancillary provisions of this General License.

license. The principles on the reliability of exporters (Section 8

paragraph 2 sentence 1 AWG) shall apply accordingly.

6.5 The subsequent inclusion, amendment or supplementation of

provisions, in particular the introduction of a reporting obligation, remains

reserved.

6.6 This General License shall enter into force on 1 April 2024 and shall apply for a limited period of time

The previous version of General Approval No. 20 shall take effect as of March 31, 2025.

No. 20 shall expire with effect from April 1, 2024.

Notes:

Affiliated companies within the meaning of Section II no.

3.2 of this General Approval are all companies that are affiliated with the

existing shareholdings or other contractual agreements in such a way that the user of this

cooperate with each other in such a way that the user of this General License can be

manufacturer of the goods to be traded. Compliance with fixed

participation quotas is not required. In order to enable an orientation towards

existing participation quotas - based on Sections 271, 290 of the German Commercial Code (HGB)

German Commercial Code (HGB) - a shareholding of 20% in the manufacturing company in the 

company in the third country is sufficient. It is not necessary to disclose the

affiliated companies is not required.

The inclusion of knowledge of the group-affiliated companies in

Section II number 3.3, indents 6-8, does not give rise to any legal obligations that go

beyond the general rules of attribution.

The user of this General License must - insofar as an export from the

domestic territory - in the electronic export declaration 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 3LLC/A20.

The General License No. 20 is hereby revoked in accordance with § 41 paragraph 3 sentence 2 in

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

publicly announced.

This General Authorization 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 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,

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

by fax no. 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