War Weapons Control Act

The War Weapons Control Act (Kriegswaffenkontrollgesetz), also known as the Act Implementing Article 26 (2) of the Basic Law, is a German law that, in conjunction with the Basic Law (the German constitution), regulates the manufactures, sale, and transport of weapons of war.  It was added to the Basic Law in 1961 and amended in 1990 and 2002.  It is legally binding for all German citizen, companies, and organizations, as well as any other person, company, or organization conducting business in or transporting weapons through Germany.

 

Goal: The goal of the War Weapons Control Act is to implement Article 26 (2) of the Basic Law, which reads, “Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government.  Details shall be regulated by a federal law.”[1]  To do so, it establishes a number of rules and regulations concerning licensing, exports, types of weapons, and penalization.

 

Relevant Clauses[2]

 

Section 2: Production and Marketing

1)      Anyone who intends to produce war

weapons shall need a licence.

2) Anyone who intends to acquire actual control of war weapons from or to transfer it to another person shall need a licence.

 

Section 6: Denial of a Licence

                2) A licence may be denied especially if

1. There is a reason to assume that its granting would militate against the interests of the Federal Republic of Germany in maintaining good relations with other countries;

                3) A licence shall be denied if

1. there is a danger of the war weapons being used for an act detrimental to peace, especially for a war of aggression; […]

2. there is a reason to assume that the granting of a licence would violate the international obligations of the Federal Republic of Germany or endanger their fulfillment; […]

 

Section 8: Granting and Revocation of a General Licence

2) A general licence may be revoked wholly or in part by statutory order, especially if there is reason to assume that the generally licensed transport would run counter to the interest of the Federal Republic of Germany in maintaining good relations to other countries.

 

Section 12: Duties concerning the Traffic in War Weapons

1) Anyone who carries out an act requiring a licence under this Act shall take the necessary measures

1. to prevent war weapons from getting lost or being used by unauthorised persons;

2. to ensure that the legal provisions and official instructions for the protection of classified items, facts, knowledge or communications are observed.

 

Section 17: Prohibition of Nuclear Weapons

1)      Notwithstanding section 16 of this Act,

it is forbidden to

1. develop, produce, or trade in nuclear weapons, to acquire them from or transfer them to another person, to import or export them, to transport them though or otherwise bring them into or out of federal territory, or otherwise exercise actual control over them, […]

 

Section 18: Prohibition of Biological and Chemical Weapons

1) It is forbidden to

1. develop, produce, or trade in biological or chemical weapons, to acquire them from or transfer them to another person, to import or export them, to transport them through or otherwise bring them into or out of federal territory, or otherwise to exercise actual control over them,[…]

 

Section 18a: Prohibition of Anti-Personal Mines

                1) It is forbidden to

1. use, develop, produce or trade in anti-personal mines, to acquire them from or transfer them to another person, to import or export them, to transport them through or otherwise bring them into or out of federal territory, or otherwise to exercise actual control over them, particularly to transport, store or retain them.



[1]Deutscher Bundestag (2010). Basic Law for the Federal Republic of Germany. Retrieved October 16, 2013, from German Bundestag: Legal Framework for the German Parliament:https://www.btg-bestellservice.de/pdf/80201000.pdf

[2]Deutscher Bundestag (2002). Act Implementing Article 26 (2) of the Basic Law (War Weapons Control Act). Retrieved October 16, 2013, from BAFA: Federal Office of Economics and Export Control:http://www.bafa.de/bafa/en/export_control/legislation/export_control_cwc_p_war_weapons_control_act.pdf

Comments are closed.