Foreign trade law regulates economic transactions with foreign countries. It pursues economic, foreign and security policy objectives and thus serves to enforce overriding national interests over the interests of traders. These economic and fiscal interests of the state, the EU or the UN, as well as cultural, political and military interests, particularly the interest in controlling and limiting dangerous weapons (control of ABC weapons), override and restrict private law. International export control regimes include the Australian Group, the Missile Technology Control Regime (MCTR), the Nuclear Suppliers Group, the Wassenaar Arrangement and the Zangger Committee. Legal standards on this subject can be found in European Union law on the basis of the European Union’s exclusive competence to control foreign trade (cf. Art. 207 TFEU), e.g. in the Defence Equipment Directive, the Dual-Use Regulation, the Anti-Torture Regulation and the Kimberley Regulation.
Further regulations can be found in the Act on the Implementation of the Common Market Organisation (MOG) for the Import and Export of Market Regulation Goods, in the War Weapons Control Act (KWKG), in the Implementing Act for the Chemical Weapons Convention (CWÜAG), in the Foreign Trade Act (AWG) and in the Foreign Trade Ordinance (AWV). Foreign trade criminal law is a sub-area of foreign trade law that provides for sanctions for certain violations (e.g. export, import, transit, transfer, sale, purchase, delivery, provision, transfer and disposal bans) in foreign trade law. The law provides for such sanctions in the event of violations of arms embargoes (Section 17 AWG) and violations of other export or import prohibitions. Essential criminal provisions are regulated for intentional offences in accordance with Sections 17 and 18 AWG, while provisions for fines for (predominantly negligent) violations are regulated in Section 19 AWG.
