Violations of the Foreign Trade and Military Weapons Control Act

The illegal sale and non-approved spread of high technology that enables the production or distribution of weapons of mass destruction is known as proliferation. The Federal Republic of Germany has made an international commitment to preventing their further spread. Any intended export of military technology must therefore be checked individually in advance in line with the criteria of the Foreign Trade and Military Weapons Control Act. Civilian high-tech products may also fall under the limitations of the Foreign Trade Act if they could potentially be used for military purposes.

Despite all international efforts to fight proliferation, violations of the Foreign Trade and Military Weapons Control Act occur time and again. In the case of significant violations that threaten the external security or foreign relations of the Federal Republic of Germany, the Office of the Federal Prosecutor undertakes the investigation.

Checking civilian high technology under the Foreign Trade Act is particularly demanding for the law enforcement authorities. Many high-tech products produced in Germany can be used for both military and civilian purposes. The export of dual use goods like this requires particularly detailed examination, as a potential military use cannot be ruled out. Where illegal sales are made, harmless uses are often used as a pretext to hide the real military final recipient.

A case from 2013 shows just how complex such investigations can be. Investigators were checking the planned delivery of special valves. The transaction was to be processed via companies in Turkey and Azerbaijan. Following intensive examination, they succeeded in proving that the delivery, with a total value of many millions of euros, was actually intended for the construction of an Iranian heavy water reactor. The international community had banned any support for Iran’s nuclear program, as it was feared that the completed reactor would be able to produce weapons-grade plutonium. The export of the special valves thus violated international agreements, even though as dual use goods they could also have been used in other areas. Four defendants received long prison sentences.

Together with the intelligence services, the customs investigation bureau and the Federal Office for Economic Affairs and Export Control, the Office of the Federal Prosecutor actively protects German security interests and the fulfilment of international obligations. Consistent investigation in the field of proliferation will remain crucially important in the future in order to ensure adherence to existing national and international regulations.