Geopolitical developments in economic law have increasingly led to export restrictions needing to be observed when exporting goods from the European Union.
According to § 4 of the Foreign Trade and Payments Act (AWG), economic law provides that legal transactions can be restricted if necessary for the protection of public security and foreign interests. If such restrictions exist, an appropriate export permit is required for exporting goods from the EU. In unclear legal situations, it should be carefully examined whether export restrictions exist and whether a null decision can be applied for, according to Attorney Michael Rainer, contact person for economic law at the law firm MTR Legal Rechtsanwälte.
In view of rapidly changing geopolitical conditions, it is not always clear for companies whether exports to a specific country might be problematic. It is then advisable to clarify the approval situation with the Federal Office for Economic Affairs and Export Control (BAFA). Depending on the situation, an export permit or a so-called null decision can be applied for. With the null decision, BAFA confirms that there are no legal restrictions for the export and no further permits are required.
However, it must be noted that the null decision only has effect for the specific circumstances for which it was requested. If parameters change, for example, because the recipient changes or a different product is to be exported, it is generally necessary to apply for a new null decision.
For BAFA to decide on the application for a null decision, various details, including those concerning the product and the recipient, are necessary. Another criterion for the Federal Office is the reliability of the applicant. When applying, it is important to ensure that the information is complete and correct. False information can constitute a criminal offense.
Therefore, experienced lawyers in foreign trade law should be consulted in case of legal uncertainties and for communication and application with the approval authorities.
Get in touch now!➤ Lawyer Economic Criminal Law – find out more here!
