Export license in Germany

Regulating the company object in Germany
Regulating the company object in Germany
December 17, 2024
Export license in Germany

Export license in Germany

A crucial step to take for exporting goods and services from Germany is to obtain an export license (Ausfuhrgenehmigung). Obtaining this license is not necessary for all goods in Germany. However, as a export company founder, you must check the necessity of obtaining the export license for your goods. Then, you must take the relevant steps. In the article from Wise Business Group, we will discuss the steps for obtaining an export license in Germany.

Obtaining an export license from Germany

Sometimes, you must get an export license (Ausfuhrgenehmigung) to export your goods from Germany to other countries. The Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Ausfuhrkontrolle), or BAFA for short, is responsible for issuing this license in the country. Obtaining an export license depends on the type of export goods and the country of your destination, and it can include various steps. Below, we provide a step-by-step guide to obtaining an export license.

Steps to obtain an export license in Germany

Step 1: examining the necessity of obtaining an export license

Before attempting to export any goods, services, or technology, you must determine whether an export license is required. For this purpose, you need to do the following:

  1. Check the export list (Ausfuhrliste) in Germany: This list is part of the Foreign Trade and Payments Act in Germany (AWG). You must obtain an export license if the product you want to export is listed under this law.
  2. Check the EU regulations on dual-use goods: If the goods you export can be used for military and civilian purposes (dual-use goods), you must obtain an export license in Germany.
  3. Check the list of embargoed or prohibited countries for exporting goods from Germany: Some countries are subject to international bans or sanctions, and exporting to them may require special permits.

Step 2: Registering in BAFA

After determining that obtaining an export license for your goods in Germany is mandatory, you must register your business with BAFA. After that, you will be able to apply for an export permit. The process of registering with BAFA is as follows:

  1. Visit the BAFA website: Visit the official BAFA website and go to the Foreign Trade/Export Control section.
  2. Create an account using the ELAN-K2 application: BAFA uses an electronic application called ELAN-K2. You must create an account in this application to submit your request for an export license in Germany.
  3. Complete the registration form: The registration form requires you to provide company information such as business activities, a Value Added Tax (VAT) number, and other information about the person responsible for export affairs.

Step 3: preparation of documents required to obtain an export license in Germany

You must collect and submit several documents to apply for an export license in Germany. These documents are:

  1. A detailed description of the product: A clear product description includes technical specifications, model numbers, and other relevant information.
  2. End-use declaration (Endverbleibserklärung): This document specifies where and how the recipient will use the goods. BAFA receives this declaration in Germany to ensure the goods are not diverted to unauthorized use.
  3. Commercial invoices and contracts: When submitting your application for an export license in Germany, you must provide all contracts, agreements, and invoices necessary for the transaction.
  4. Other supporting documents: Documents needed to obtain an export license can include shipping information, a certificate of origin, or any other document proving compliance with German export regulations.

Step 4: Send a request through the ELAN-K2 application

After registering and collecting the required documents, you can continue applying for an export license in Germany. For this purpose, the following actions are necessary:

  1. Entering the ELAN-K2 portal: After registration, you must enter the ELAN-K2 application and register a new request to receive an export license.
  2. Completing the license application form: This form requires you to enter details such as the type of product, the country of destination, the specifications of the recipient, the final use of the product, and its transportation information.
  3. Uploading the supporting documents: To complete your application, you must upload the required documents, such as the end-use declaration, invoices, and product details.

Step 5: BAFA reviews your application

After completing the application process, BAFA will process your request. As a result, it may perform one of the following actions:

  1. Request more information: BAFA may request additional documentation or explanations regarding the goods or the transaction.
  2. Consultation with other authorities: In some cases, especially for sensitive goods with dual military and civilian use, BAFA must consult with other German or European authorities to grant an export license.
  3. On-site inspection: If your goods are highly sensitive, BAFA may request an inspection at your facility or the recipient.

Step 6: Receive BAFA’s final decision

Once BAFA reviewed your application, you will receive one of the following outcomes as its final decision:

  • Acceptance: If BAFA approves your application, you can receive your export license. This license specifies the conditions under which you can export your goods.
  • Non-acceptance: If BAFA does not agree to your request for an export license in Germany, it will provide reasons for this. Also, you can appeal the final decision or change the result by providing additional information.

Step 7: Complying with the requirements related to the export license in Germany

After receiving your export license, you need to ensure the following:

  • Compliance with all relevant requirements: The license you receive may have specific conditions, such as restrictions on re-export of goods or additional reporting requirements, that you must carefully comply with.
  • Maintaining documents: We recommend retaining all export transaction documents for future audits or inspections by BAFA.

Step 8: Compliance with regulations and continuous license renewal

If you wish to continue exporting goods from Germany to other countries, you may need to apply for one of the following:

  1. General permits (Allgemeine Genehmigungen): This license type is often needed when frequently sending relatively low-sensitivity goods to certain countries.
  2. Regular renewals: Depending on the nature of the goods and the export destination, you may need to renew your license in Germany periodically.

Key points for obtaining an export license in Germany

If you are planning to obtain a German export license, you need to remember the following key points:

  • You should always check if your goods meet the conditions of military and civilian dual use. If so, you will likely need more detailed controls to obtain an export license.
  • If your export destination is one of the sanctioned or prohibited countries, you will often need special consideration and must meet more stringent requirements to obtain an export license.
  • Export control is complex, and its regulations may change frequently. Therefore, it is best to consult an expert before taking action to ensure full compliance with laws and regulations.

Following the above steps and carefully collecting the required documents, you can obtain an export license from BAFA in Germany. Then, you can start your export business there. If you have any questions or doubts about the process of obtaining the license, consult with a legal expert or export consultant. Our consultants at Wise Business Group can also answer your questions in this regard.


An overview of the process of obtaining an export license in Germany

Obtaining an export license (Ausfuhrgenehmigung) from BAFA requires the following eight simple steps:

  1. Check if the goods you considered goods require a license.
  2. Register with BAFA through the ELAN-K2 system.
  3. Collect required documents such as end-use certificates and invoices.
  4. Submit your request for a license to BAFA online.
  5. Wait for the BAFA review and be ready for additional requests!
  6. Receive BAFA’s final decision to approve or provide feedback on your application.
  7. Follow the conditions related to the license strictly.
  8. If necessary, renew your license for continuous export.

Note: Cases involving exports of goods with dual military and civilian uses or exports to sanctioned countries require greater caution!

By carefully following the above steps, you can ensure your success in obtaining an export license in Germany.


Registering and setting up an export business in Germany

Contact us for more information about setting up an export business in Germany. Our consultants, benefiting from years of experience in this field, will guide you. The will provide you with all necessary information about company registration, obtaining an export license, and business development in Germany. You can contact us via the WhatsApp link below.

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