2016德国军事装备出口报告（英文版）_88页

2016 Military Equipment Export Report Summary

Introduction

The 2016 Military Equipment Export Report by the German Federal Government provides a comprehensive overview of Germany's policy on the export of conventional military equipment. It includes information on export licenses, actual exports of war weapons, and the legal and political framework underpinning these exports. The report aims to inform the Bundestag and the public, supporting an objective and informed debate on military equipment exports.

Core Content

• Definition of Military Equipment: The report defines military equipment as a wide range of goods, including not only weapons and tanks but also mine-clearing equipment, NBC protection systems, safety glass, and special armoured vehicles. These items are intended to protect embassies and UN peace missions.
• Policy Objectives: Germany follows a restrictive and transparent policy on military equipment exports, prioritizing human rights and international security.
• Legal Framework: The export control system is governed by the Basic Law, War Weapons Control Act, Foreign Trade and Payments Act, and Ordinance. These laws are complemented by the Political Principles (2000), EU Common Position (2008), and the Arms Trade Treaty (ATT).
• Transparency Measures: The Federal Government publishes the report annually, and in 2016, it released a version before the summer break and an interim report on first-half exports. Final decisions by the Federal Security Council are also disclosed to the public.

Main Policy Points

1. Restrictive and Transparent Policy

• The Federal Government assesses export licenses on a case-by-case basis, taking into account foreign and security policy aspects.
• Licenses are typically denied if there is sufficient suspicion of misuse for internal repression or human rights violations.
• Germany upholds its Alliance commitments and international security responsibilities, especially in light of global crises and terrorism.
• The Enable & Enhance Initiative supports partner countries in crisis prevention, management, and post-crisis rehabilitation.

2. Strict Regulation of Small Arms and Post-Shipment Controls

• Small arms and light weapons are a major cause of casualties in internal and cross-border conflicts.
• The Small Arms Principles (updated in 2015) aim to reduce the spread of small arms and are applied strictly for exports to third countries.
• Post-shipment controls are an important part of the regulatory framework, with the intention to conduct the first controls abroad before the end of 2017.
• The OECD Development Assistance Committee list identifies developing countries and territories, excluding those with upper medium incomes.

3. Licensing Figures for 2016

• Individual licenses worth €6.85 billion were issued in 2016, a decrease from €7.86 billion in 2015.
• 46.4% of these licenses were for EU/NATO and NATO-equivalent countries.
• Third countries received licenses totaling €3.67 billion, with a few high-value contracts accounting for the majority of the volume.
• Small arms licenses totaled €46.9 million, with a rise of €15 million compared to 2015, largely due to increased security challenges in partner countries.
• Collective licenses amounted to €58.7 million in 2016, used for multi-transaction exports and industrial cooperation projects. These licenses are not directly linked to actual shipments and are subject to fluctuation due to long-term projects.

Key Policies and International Context

• Disarmament Agreements and Embargoes: Germany participates in international disarmament efforts and maintains arms embargoes where necessary.
• EU Common Position: The EU Common Position (2008) provides common rules for military equipment export controls, which Germany aligns with.
• Arms Trade Treaty (ATT): Germany supports the ATT and advocates for its implementation, emphasizing the principle of "New for old" and "New, destroy when discarded."
• International Cooperation: Germany continues to push for harmonized export control policies at the European and international levels, particularly with EU and NATO partners.

Legal and Regulatory Framework

• War Weapons Control Act: Requires prior licensing for all activities involving war weapons (production, acquisition, transport).
• Foreign Trade and Payments Act and Ordinance: Governs the licensing of other military equipment, with the applicant having a fundamental right to an export license unless specific interests are at risk.
• Federal Security Council: Involved in the approval process for export licenses, especially for projects of political significance.
• Federal Office for Economic Affairs and Export Control (BAFA): Handles the granting and denial of export licenses, and provides advance inquiries to applicants.

Conclusion

The German government's approach to military equipment exports is characterized by strict regulation, transparency, and alignment with international norms. It emphasizes the protection of human rights, security interests, and regional stability. The report also highlights the importance of consultation processes and public engagement in shaping export policy.