Federal Cabinet adopts amended Foreign Trade and Payments Ordinance bringing its trade and payments legislation in line with the EU’s new Dual-Use Regulation

The Federal Government today adopted the ordinance introduced by Federal Minister Peter Altmaier on amending the Trade and Payments Act and the Foreign Trade and Payments Ordinance. The main focus of the amendment is on introducing a number of technical adaptations in order to bring Germany’s trade and payments legislation in line with the EU’s new Dual-Use Regulation.

The Dual-Use Regulation is the EU’s most important legal basis for controlling exports of goods that can be used for both civilian and military purposes (dual-use goods). The European Union’s updated Dual-Use Regulation will enter into force on 9 September and takes account of a number of changed (geo)political, economic and technological developments.

The EU’s new Dual-Use Regulation requires Member States to make changes to their national law, particularly regarding technical references which are legally necessary. In addition to this, the rules governing foreign trade and payments procedures are adapted in a way that ensures that imports from and exports to Northern Ireland will continue to be governed by the rules on foreign trade and payments within the EU – a requirement under the Protocol on Ireland/Northern Ireland which forms part of the ‘Brexit’ Withdrawal Agreement.

The text of the ordinance can be viewed here.