Outside the EU - Germany

Updated 11/2010

Legal requirements

Germany’s foreign trade with other countries is governed by the Foreign Trade Act [Außenwirtschaftsgesetz – AWG], the Foreign Trade Regulation [Außenwirtschaftsverordnung – AWV] and the legislative acts of the European Council and of the Commission (in particular Regulation (EC) No 428/2009). Distinctions are drawn depending on the nature of the goods and between trade with other EU States (the internal market) and third countries.

Foreign Trade Act
Foreign Trade Regulation

In the case of the supply of weapons, munitions and other defence goods, the Foreign Trade Act and the Foreign Trade Regulation apply, laying down the duties of authorisation for trade with both other EU States (movement) and trade with third countries (export).

The legal basis for the movement and export of dual-use goods in third countries is the EC Dual-Use Regulation (Regulation (EC) No 1334/2000 of 22 June 2000), which is supplemented by the national regulations in the AWG and the AWV. This regulation likewise provides for certain duties of authorisation.

Dual-Use Regulation

Exporting from Germany

When exporting goods from Germany with a destination in an area outside the customs territory of the European Union, the export procedure is to be followed. This is set out in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code [OJ L 302, 19 10.1992, p. 1-50] (cf.Article 161 of the Customs Code) and additionally in the Foreign Trade Regulation: This is designed for the application and monitoring of Community and national foreign-trade restrictions on exports of Community goods and the re-export of non-Community goods in conjunction with a customs procedure with economic importance (e.g. customs warehouse procedure and inward processing).

The export of certain goods requires authorisation (e.g. defence goods, dual-use goods). Other elements must likewise be borne in mind, including EC regulations providing for embargos vis-à-vis certain States and persons, and foreign trade statistics, collected by the Federal Statistical Office.

Federal Statistical Office of Germany – collecting data on foreign trade

Importing into Germany

When goods are imported from third countries, tariff and non-tariff restrictions must be observed:

tariff import restrictions originate under customs law and tend to consist of customs duties payable for the imported goods;
non-tariff import restrictions may originate in foreign trade law or in other legal areas.

Import restrictions under foreign trade law are prohibitions (e.g. embargo measures), requirements for authorisations (e.g. the demand for import authorisations for certain textiles) and monitoring measures (e.g. monitoring documents for the import of iron and steel products).

Goods of which the import is subject to authorisation and monitoring requirements under foreign trade law and particular procedural requirements are listed on the import list (Annex to the Foreign Trade Law). The import list is integrated into the Electronic Customs Tariff.

Import prohibitions for defence goods may be based on EU embargo regulations. Import prohibitions or other authorisation requirements may, however, originate from other legal areas. These are designed to protect other objects of legal protection outside of commercial policy (e.g. bans on imports of rare animals for reasons of species conservation or for drugs for the sake of the protection of health).

Customs monitor compliance with the laws and regulations applicable to the goods and often also levy the import duties due (customs, import turnover tax, particular consumer taxes such as excise on spirits or tobacco). Articles and goods are covered by a nomenclature.

German customs

Administrative procedures

Declaring goods

The export and re-export of goods with a destination in an area outside the customs territory of the European Union must be declared to the customs administration in the following way:

electronically (for the commercial movement of goods) or in writing (if the IT systems are down)

orally or implicitly (for consignments of low economic importance, e.g. in the case of tourist travel, small consignments)

The German Customs Administration form centre has all the relevant customs forms available online. In Germany, the export declaration can be submitted via the internet (internet customs declaration) for the export procedures cited. Bulk export authorisations also exist, for the sake of facilitating the procedures.

German Customs Administration form centre
Internet customs declaration

The export procedure is in two stages, which means that export declarations are lodged with the competent customs office at the point of exit, and this customs office (generally the frontier customs office) monitors the physical departure of the articles from the customs territory of the European Community. Another procedure covers articles worth under EUR 3 000. Declarations may be lodged directly with the customs office at the point of exit for these.

In the event of export or movement plans requiring authorisation, the basic point is to apply to the Federal Office of Economics and Export Control (BAFA). Applications can also be made electronically using the ELAN form.

Export licences (BAFA)
Online ELAN form
Federal Office of Economics and Export Control (BAFA)

The import of goods must likewise be declared to the Customs Administration (Article 79, Customs Code). Where import restrictions are imposed under foreign trade law in respect of industrial goods from third countries, the necessary import documents (e.g. import authorisations, control documents) must be applied for from the Federal Office of Economics and Export Control (BAFA). Applications can be made

electronically under certain circumstances.
Forms

Where import restrictions exist in respect of articles from the agricultural and food sector, the Federal Institute for Agriculture and Food [Bundesanstalt für Landwirtschaft und Ernährung – BLE] is responsible.

Check also the legislation on this topic in: