It is often difficult to keep an overview of export control law because it involves a consideration of German, European and international legal regimes. Nevertheless, it affects all exporters: even companies not active in the munitions sector can be affected by export control restrictions. This is because EU export control law applies to goods capable of serving civilian and military end-uses („dual-use items”). Even items that are used for purely civilian purposes can be the subject of embargoes. Infringements of foreign trade law can be punished severely. The authorities take a particularly dim view of infringements that result from a company's poor organisation of export controls rather than mere errors.
For this reason, the company must implement reliable processes facilitating export controls: Who has to comply with which regulations at what time? Are the company’s products correctly classified using up-to-date information? Does the company export dual-use goods or munitions to third countries or EU member states? Does the exchange of data serve to transfer technology to third countries? Do technicians and marketing staff take sensitive data on their laptops or samples and prototypes with them when they travel abroad? What duties are the company’s export officer and export control officer subject to and how should they be complied with? In particular, how should companies satisfy the general requirement to precisely check not only the item to be exported but also the final destination, end-use and end-recipient (i.e. checks of the sanctions lists, terrorists lists)?
AWB's experts will help you implement a secure procedure to comply with export controls, structure internal processes effectively and make the relevant employees aware of issues relating to export controls. This includes the revision of existing internal compliance programmes (ICP) or development of new ones. Concerning the introduction of customs/compliance software, AWB's consultants will provide support by means of a thorough needs analysis, a neutral assessment of the various employees and implementation strategies.
Our aim is to ensure that you detect possible organisational weaknesses concerning compliance and export controls as soon as possible and thereby avoid infringing foreign trade law! We will therefore work with you to develop the optimal strategy for your company. The AWB team can also help you solve existing problems: should you wish, we can communicate with the responsible authorities (i.e. customs authorities or the Federal Office for Economics and Export Control/BAFA) and represent you at court.
- Internal organisation of export controls and process optimisation
- Implementation of reliable processes facilitating export controls and integration of export controls within the company organisation (ICP – Internal Compliance Programmes)
- Support with the introduction of customs or compliance software in foreign trade
- Increasing the awareness of employees responsible for export controls
- Support with the classification of master data using the export list
- Advice on the implementation of software to perform checks of the sanctions / terrorist lists
- Support with the appointment of a company export officer and export control officer
- Support with foreign trade audits: preparation of the audit, communication with the auditing authorities, support during the actual foreign trade audit
- Representation before the courts and authorities