Exportkontrolle

Exportkontrolle refers to the set of government measures that regulate the export, re-export and transfer of goods, software and technologies that could contribute to military capabilities or have dual-use potential. Its purpose is to protect national and international security, support foreign and security policy objectives, and prevent proliferation.

The scope includes dual-use items—civilian technologies that can be repurposed for military use—as well as military goods and sensitive technologies such as advanced electronics, encryption, and certain chemical or nanotechnologies. Items are classified and controlled according to national and international lists, notably the European Union’s Dual-Use Regulation (Regulation (EC) No 428/2009) and its Annexes, as well as national laws. Controls also apply to specific destinations, end-users and end-uses, and to re-export and certain brokering activities.

The legal framework combines EU rules and member-state implementing laws. In Germany, the Federal Office for Economic Affairs and Export Control (BAFA) administers licensing and compliance under the Federal Ministry for Economic Affairs and Climate Action. Internationally, export controls align with regimes such as the Wassenaar Arrangement, and with broader sanctions regimes.

Licensing processes require item classification, destination and end-user assessment, and evaluation of end-use. Licenses can be general or specific, and certain transfers may require post-shipment verification. Some activities are exempt or subject to de minimis thresholds.

Compliance and enforcement involve risk assessments, screening of customers against sanctions and restricted-party lists, record-keeping, audits, and penalties for violations, including fines or criminal sanctions. Effective export control relies on company compliance programs, training, and ongoing monitoring to manage risk and ensure lawful trade.