Once again this year, BAFA welcomed the export control community to Frankfurt and reported on the latest developments from a Brussels and Eschborn perspective. This year, particular attention was given to the current state of forthcoming regulations. It was reported that, in connection with the planned overhaul of the EU Dual-Use Regulation in 2024, a White Paper had been presented, on the basis of which the players in Brussels are expected to develop a new draft regulation next year. One can safely expect to wait another one to two years before any new rules materialise here. That said, the goods list in Annex I was already amended this year, effective 15 November. In addition to individual changes, a new feature is the introduction of so-called “500-series” numbers. These are the goods that, over the past year, were consistently included in the national goods lists of the member states, in Germany found in Part I B of the AWV (Foreign Trade and Payments Ordinance), there under the 1900-series numbers. This primarily affects quantum computing and semiconductor technology.<\/p>\n\n\n\n
There were also substantial changes to the embargo regimes. As regular readers of Schlagbaum will already be aware, changes to the Russia embargo continue apace; the current package is the 19th sanctions package, and there is more to come. Emphasis was placed, in this context, on the significant rules concerning the prevention of circumvention and the obligation to maintain an adequate Internal Compliance Programme (ICP), a topic we have likewise reported on repeatedly. We would be glad to assist you individually in taking appropriate measures to prevent circumvention, or in reviewing, assessing, and, where necessary, optimising your Internal Compliance System.<\/p>\n\n\n\n
Also new is the Iran embargo, which has been revived in its strict, pre-2015 form (the so-called “snapback”). Please note that special rules apply here: the Iran embargo also targets Iranian persons, that is, persons, regardless of nationality, who habitually reside in Iran, or, in the case of companies, entities whose head office is registered there. Care must also be taken with respect to payment transactions. Payments of \u20ac10,000 or more must be reported. Payments of \u20ac40,000 or more require authorisation. The Bundesbank is the competent authority for both requirements. “Payments” also includes payments routed via intermediate stops in other countries, as well as so-called “accounting instructions,” that is, payments from third parties instructing the recipient’s accounting department to apply them towards settling outstanding claims of Iranian persons. The strict and extensive goods and personal listings from the period before the 2016 relaxation are once again in force.<\/p>\n\n\n\n
Where is this heading?<\/p>\n\n\n\n
It is to be expected that further tightening will follow with regard to the Russia embargo. Areas under consideration include mechanical engineering, the energy sector, and all goods that could be used for military technology. The level of compliance structure required within companies is also very likely to become more demanding. We would be glad to assist you in assessing, and where appropriate optimising, your existing processes. This year, we have fundamentally revised and updated our evaluation questionnaire for assessing corporate Compliance Management Systems (CMS)<\/strong> to reflect current requirements. Please do get in touch!<\/p>\n\n\n\n By Dr. Ulrich M\u00f6llenhoff<\/a><\/strong> & Maximilian Pohl<\/a> <\/strong><\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" Once again this year, BAFA welcomed the export control community to Frankfurt and reported on the latest developments from a Brussels and Eschborn…<\/p>\n","protected":false},"author":6,"featured_media":2981,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ghostkit_customizer_options":"","ghostkit_custom_css":"","ghostkit_custom_js_head":"","ghostkit_custom_js_foot":"","ghostkit_typography":"","_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[21],"tags":[],"class_list":["type-post","entry","has-post-thumbnail","last-post"],"_links":{"self":[{"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/posts\/3395","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/comments?post=3395"}],"version-history":[{"count":1,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/posts\/3395\/revisions"}],"predecessor-version":[{"id":3400,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/posts\/3395\/revisions\/3400"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/media\/2981"}],"wp:attachment":[{"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/media?parent=3395"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/categories?post=3395"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/tags?post=3395"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}