What should be delivered where, to whom and for what purpose? These are the central questions all exporters should ask themselves. “Export controls” means that certain goods may not be exported without a licence. “Goods” refer to commodities, technology or software. In addition to military equipment, such restrictions also apply to “dual-use goods”, which can be used for both civilian and military purposes.
A must: check exports conscientiously in advance
Employees who perform export controls in the company bear a great responsibility. Exporting goods requires compliance with a large number of complex legal regulations. The correct classification of export goods is particularly important. Owing to the possibility of technology transfers, export controls on data exchange with foreign countries must be performed as carefully as those on physical exports.
Export controls are the responsibility of management
When applying for export licences, companies must appoint an export officer from management and give their name to the Federal Office for Economic Affairs and Export Control (BAFA). The export officer is personally liable for complying with foreign trade law. Violations can cause immense damage to the company's image and result in hefty fines and imprisonment.
Recommended: An internal export control programme
Conscientious exporters will already have an internal export control programme (ICP) in place. This refers to the sum total of the company’s organisation and processes relating to export controls. The ICP adopts standardised procedures, thereby ensuring that export controls are less prone to errors. There is no blueprint for an ICP. Rather, the internal export control system should be tailored to the company in question and prove effective in day-to-day operations.
What AWB can do for you in relation to export controls:
- Analyse and improve export control organisation and processes
- Provide daily support in export control matters
- Help you classify specific goods
- Create and improve internal control and risk management systems
- Manage objections or court proceedings
- Prepare and support foreign trade audits
- Produce expert reports/opinions on complex legal issues
- Provide support in criminal and administrative penalty proceedings
- Audit of Software and Compliance Management Systems