Announcement of General Approval No. 21 (Protective Equipment) dated March 26, 2024

I. Preliminary remarks on the amendment to General Approval No. 21

General Approval No. 21 dated December 6, 2023, which entered into force on December 11, 2023

2023, which came into force on December 11, 2023, is reissued with effect from April 1, 2024.

Compared to the previous version of General License No. 21, the following changes

the following changes:

In section II number 3.2, the 2nd 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 5.1, the range of authorized destinations for

goods of sub-numbers 0007f and 0007g of Part I Section A of the Export List

(Annex AL to the AWV) and the software named in Section II, Number 4.2 and

technology referred to in Section II, number 4.3 to all countries with the exception of 

embargoed countries within the meaning of Section 71 (1) AWV and Afghanistan,

Egypt, Ethiopia, Armenia, Azerbaijan, Burkina Faso, China (including the Special Administrative Region of

China (including the Hong Kong Special Administrative Region), Ivory Coast, Eritrea, Yemen, Liberia,

Mali, Morocco, Mozambique, Niger, Rwanda, Saudi Arabia, Sierra Leone, Thailand,

Turkey, Uzbekistan and the United Arab Emirates.

In addition, in Section II, point 5.2, the list of authorized destinations for goods

destinations for goods listed under number 0013 of Part I Section A of the

Export List (Annex AL to the AWV) and the technology listed in Section II, Number 4.4.

technology is also limited to all countries with the exception of embargoed countries as

as defined in Section 71 (1) AWV as well as Afghanistan, Egypt, Ethiopia, Armenia

Azerbaijan, Burkina Faso, China (including the Special Administrative Region of

Hong Kong), Ivory Coast, Eritrea, Yemen, Liberia, Mali, Morocco, Mozambique,

Rwanda, Saudi Arabia, Sierra Leone, Thailand, Turkey, Uzbekistan and the United Arab Emirates.

United Arab Emirates. However, this extension only applies to

recipients who are members of the armed forces.

There is a need to monitor exports of these goods without exception by means of the

individual licensing procedure is not apparent. In an effort to limit the

control of goods traffic to sensitive transactions and activities and not to

and not to burden foreign trade more than necessary, the exports described below

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 Approval No. 21 is valid until March 31, 2025.

II General authorization

Title 1 of the general license:

General Approval No. 21 (Protective Equipment).

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 § 1

paragraph 2 of the Foreign Trade and Payments Ordinance (AWV). This license is valid for

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

or a free warehouse that is located in a destination to which this

destination to which this General License applies, 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 a re-export from the free zone or free warehouse

is demonstrably controlled in accordance with the export control regulations of the

country of destination,

 if an offense of negligent, reckless or intentional commission of an

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

War Weapons Control Act (KrWaffKontrG),

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

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 transferor or exporter is aware that the final destination of the

the final destination of the goods is a country not listed in Section

II(5) of this General License, in particular

is a country listed in Section 74 (1) AWV,

 if the consignor or exporter has been informed by BAFA that the goods in question

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: EU Regulation) or for one of the uses referred to in

within the meaning of Article 5(1) of the EU Regulation are or may be intended

or if the consignor or the exporter is aware that

the goods are intended for the uses referred to in this provision

are intended,

 if the BAFA has issued a declaration on behalf of the exporter or the

declaration requested by the exporter or transferor, which makes it necessary to authorize the export

or transfer of the goods specified in this declaration by way of the individual

the individual authorization procedure, or

 if for the identical export or shipment project an individual

entry into force of this General License,

maximum amount or collective authorization was issued for the identical export or

validity period has not yet expired.

4. authorized goods:

This General License covers the export and transfer of

4.1 Goods of sub-numbers 0007f and 0007g as well as goods of number

0013 of Part I Section A of the Export List (Annex AL to the AWV),

4.2 Software covered by sub-item 0021a of Part I Section A of the

Export List (Annex AL to the AWV), if they are required for the use or

maintaining the operational readiness of the goods referred to in 4.1

sub-items 0007f and 0007g of Part I Section A of the Export List

(Annex AL to the AWV) or goods specified in 1A004.c of Annex

I of Regulation (EU) 2021/821 (hereinafter: EU Regulation) is required, 10 %

of the value of the previously or simultaneously delivered main item and

is intended for the same recipient or end user,

4.3 Technology covered by sub-item 0022a of Part I Section A of the

Export List (Annex AL to the AWV) if it is intended for the development, manufacture or use of toxic active substances,

manufacture or use of toxic substances, related equipment or components

equipment or components controlled by sub-items 0007f to 0007g

is indispensable

and

 for the use of goods specified in 4.1 or goods specified in

1A004.c. of Annex I to the EU Regulation and for the same

consignee or end-user of the goods specified in 4.1 or in

1A004.c. of Annex I to the EU Regulation

is intended

or

 the technology is applicable and intended for use in goods not included in the

the export list (Annex AL to the AWV) or Annex I of the EU Regulation

provided that the technology is exported or transferred to the consignee or end user.

end user who receives or has received the non-listed goods, provided the

receives or has received the unlisted goods,

and

4.4 Software covered by sub-item 0021a of Part I Section A of the Export List

of Part I Section A of the Export List, and technology controlled by item 0022a of

Part I Section A of the Export List, if the software and technology is

technology for the development, production or use of the goods specified in item

4.1 of item 0013 of Section A of Part I of the Export List

and is required for the same consignee or end-user of the goods referred to in

goods referred to in point 4.1 of item 0013 of Part I Section A of the Export List.

of Part I Section A of the Export List.

5. authorized destinations:

This General License applies to exports or shipments to

consignees and end-users to the following destinations:

5.1 for goods of sub-numbers 0007f and 0007g of Part I Section A of the Export List

Export List (Annex AL to the AWV) and the software referred to in Section II, number 4.2

mentioned in section II, number 4.2 and technology mentioned in section II, number 4.3 to

all countries except:

 Arms embargo countries within the meaning of Section 74 (1) AWV and

 except Afghanistan, Egypt, Armenia, Azerbaijan, Burkina Faso,

China (including the Hong Kong Special Administrative Region),

Côte d'Ivoire, Eritrea, Gabon, Yemen, Liberia, Mali, Morocco, Mozambique,

Niger, Rwanda, Saudi Arabia, Sierra Leone, Thailand, Turkey, Uzbekistan

and the United Arab Emirates,

5.2 for goods under number 0013 of Part I Section A of the Export List (Annex AL

to the AWV) and the technology mentioned in Section II, number 4.4 in

 the customs territory of the European Union (Section 2 (25) AWG),

 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 United States,

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

Switzerland, Singapore and Uruguay and

 to recipients belonging to the armed forces in all other countries,

except the countries listed in Section 74 (1) AWV and except

Afghanistan, Egypt, Armenia, Azerbaijan, Burkina Faso, 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.

6. ancillary provisions:

This General License is granted subject to the following conditions:

6.1 If the exporter or transferor intends to make use of this General

General License, he must register with BAFA as a user 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 "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).

6.2 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 shipment took place for at least three years.

Other retention obligations remain unaffected.

Furthermore, the exporter or transferor is obliged to submit to BAFA a

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

reserved.

6.3 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 specified in § 4 (1) and (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 exporters

revoked insofar as the protective 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 exporters or shippers may also be revoked if they do not provide 

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.

6.4 The right to subsequently include, amend or supplement a collateral

ancillary provision remains reserved.

6.5 This General Approval comes into force on April 1, 2024 and is valid for a limited period until

The previous version of the General Approval

No. 21 expires with effect from April 1, 2024.

Notes on the use of General License No. 21:

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

only permitted if they are delivered to a beneficiary destination in accordance with number 5

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/A21.

Customs depreciation is not required.

Note on the requirement to obtain approval for intended

re-exports:

Re-exports from another country to a destination authorized in accordance with 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. 21 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.

This announcement 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 (BAFA),

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

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