Weapons of war
Following Article 26(1) of the German Basic Law, "peaceful relations between nations" are the most important interest protected by the War Weapons Control Act. This act controls the manufacture and transport of weapons of war on the basis of Article 26(2) of the German Basic Law.
Objects, materials, and organisms that are weapons of war within the meaning of Article 1, War Weapons Control Act, are listed in the War Weapons List (Parts A and B). Such items are included in the War Weapons List if they are capable of causing destruction or damage to persons or objects and capable of being used as the means of inflicting force in the course of armed conflicts between states.
These weapons include nuclear weapons, biological weapons (for example, bacteria or animal pathogens), chemical weapons (for example, mustard gas) as well as other weapons of war such as military aircraft or barrelled weapons.
Under Article 5(1) of the German Foreign Trade and Payment Ordinance, products which are listed in Part I, Section A, of the Export Control List require a valid authorisation to be exported.
This list covers armaments, weapons and munitions of all kinds, accessories, spare parts and weapon mounting devices, armoured vehicles, protective devices and clothing, and the relevant software or technologies. Prior to exporting similar items you have an obligation to check timeously whether your goods are included in the list.
Weapons of war may only be transported to Germany if they are not banned and if an appropriate authorisation under the war weapons legislation has been issued. The import, export, and transit of nuclear weapons, biological and chemical weapons, anti-personnel mines, and cluster munitions is prohibited. Please be aware of the "civilian use" clause in part A of the War Weapons List.
Under certain conditions the import and transit can be permitted under a general authorisation that has been granted by legal enactment.
The Federal Government has transferred its authority to issue and revoke authorisations relating to weapons of war to the Federal Ministry of Economics and Technology as the competent approving authority.
Under Article 14 (1) of the War Weapons Control Act, the Customs administration is responsible for monitoring the import, export, and transit, or other movement of weapons of war.
Arms embargoes
In addition to the restrictions on war weapons mentioned above, Article 74 of the German Foreign Trade Ordinance (Außenwirtschaftsverordnung, AWV) bans the transit of goods listed in Part I, Section A of the export control list (Annex 1 of the Foreign Trade Ordinance) if they are destined for the countries listed in Article 74. The list includes weapons and ammunition, as well as military equipment, associated items, replacement parts, and any kind of mount for weapons, and furthermore, armoured vehicles, protective devices, protective clothing, and the related software and engineering.
