# New Foreign Trade and Payments Ordinance Since October 2026 > The amended ordinance updates sanctions, fines, government exemptions and Germany’s national export control list. Source: https://www.mtrlegal.com/en/new-foreign-trade-payments-ordinance-october-2026/ · Language: en · Updated: 2026-10-29 --- ## New Requirements Under the Foreign Trade and Payments Ordinance The [Dreiundzwanzigste Verordnung zur Änderung der Außenwirtschaftsverordnung (Twenty-Third Ordinance Amending the German Foreign Trade and Payments Ordinance)](https://dserver.bundestag.de/btd/21/087/2108775.pdf) primarily aligns German foreign trade and payments law with requirements under EU and international law. The Bundesministerium für Wirtschaft und Energie (German Federal Ministry for Economic Affairs and Energy) has primary responsibility. The ordinance is assigned to the subject area “Foreign trade and payments in general” under FNA 7400-4-1. The ordinance is dated 14 October 2026 and was promulgated on 16 October 2026 as BGBl. 2026 I No. 300 (German Federal Law Gazette, Part I, No. 300). Pursuant to Article 2, it entered into force the following day. ### Submission to the Bundestag and Bundesrat The German Federal Government submitted the ordinance to the Bundestag (German Federal Parliament) pursuant to § 12(4) Außenwirtschaftsgesetz (AWG, German Foreign Trade and Payments Act), together with an explanatory memorandum and cover sheet. The parliamentary documentation system records the matter in the 21st electoral term as a revocable ordinance under Bundestagsdrucksache 21/8775 (Bundestag Printed Paper 21/8775) dated 23 October 2026. In the Bundesrat (German Federal Council), it is being considered under Drucksache 614/26 (Printed Paper 614/26). The ordinance was issued on the basis, inter alia, of § 4(2) no. 2 and § 4(3), as well as § 12(1), sentence 2 AWG. The Auswärtiges Amt (German Federal Foreign Office) and the Bundesministerium der Finanzen (German Federal Ministry of Finance) granted the required consent. ## Amendment of Sanctions and Administrative Fine Provisions A significant part of the new legislation concerns sanctions and administrative fines relating to Russia. According to the ordinance’s cover sheet, Directive (EU) 2024/1226 on the criminalisation of violations of Union restrictive measures has already been transposed by § 18(1) no. 1 AWG; the ordinance amends the administrative fine provisions in § 82 Außenwirtschaftsverordnung (AWV, German Foreign Trade and Payments Ordinance) to distinguish them from this criminal provision. ### Distinction From Criminal Offences The new provisions governing administrative fines apply in particular to restrictive measures introduced under the EU’s 20th and 21st sanctions packages against Russia, insofar as the relevant violations do not already constitute criminal offences. At the same time, the provisions are intended to provide a clear distinction from § 18(1) no. 1 AWG. This provision criminalises violations of certain transaction bans relating to central banks. By contrast, the amendments to the AWV provide for administrative fines in respect of violations that are not already subject to criminal penalties. According to the ordinance’s cover sheet, additional administrative fine proceedings may result in increased expenditure on material and staffing resources. ## Expanded Exemptions for Government Exports § 76a AWV now contains broader exemptions for government authorities. These concern the export or transit of goods to or through countries subject to embargoes where this is necessary for the performance of official duties. Previously, the exemptions were strictly limited to goods in the custody of the respective authority. This restriction has been broadened. However, the general requirement to obtain authorisation remains in place. ## Revision of the National Export Control List The amending ordinance also comprehensively revised the Ausfuhrliste (German Export Control List) in Annex 1 to the AWV. According to the [Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA, German Federal Office for Economic Affairs and Export Control)](https://www.bafa.de/DE/Aussenwirtschaft/Ausfuhrkontrolle/Gueterlisten/gueterlisten_node.html), the revised list entered into force on 17 October 2026. It defines the scope of national authorisation requirements for military and dual-use goods. ### Alignment With European and International Control Lists The revision includes the following changes in particular: - National control list entries for emerging technologies were deleted where the relevant goods are now covered by the EU Dual-Use Regulation. This is intended to ensure uniform standards throughout the European Union. - In anticipation of international decisions, the new control list entry 2B905 was added. - Entries in the export control list for dual-use goods were repealed, particularly with regard to Syria as the country of destination. This follows the gradual lifting of various EU sanctions against Syria. The Bundesamt für Wirtschaft und Ausfuhrkontrolle has also updated the joint non-binding index of keywords for Part I of the Ausfuhrliste and Annex I to the EU Dual-Use Regulation to reflect the position as of October 2026. ## Changes Concerning Zimbabwe and Syria The national arms embargo against Zimbabwe set out in § 74 AWV has been deleted. The area concerned is already governed directly by Regulation (EC) No. 314/2004. The previous national provision therefore no longer had any practical significance. In addition, certain restrictions on the export of dual-use goods to Syria were removed. This is due to the lifting of various sanctions against Syria under EU law. ## Tax Law Implications for International Business Changes to foreign trade and payments law may also raise tax law issues in cross-border business transactions. Companies, investors and high-net-worth individuals can contact MTR Legal Rechtsanwälte with any related questions and obtain tailored [tax law advice](https://www.mtrlegal.com/rechtsberatung/steuerrecht/).