War Weapons Control Act
(Kriegswaffenkontrollgesetz, KrWaffKontrG) |
As last amended by Article 3 of the law of 11 October 2002,
Federal Law Gazette I, p. 3970
Table of contents
Part
One: Licensing provisions
Section
1 Definitions
Section
2 Production and Marketing
Section
3 Transport within Federal Territory
Section
4Transport outside Federal Territory
Section
4a Foreign Transactions
Section
5 Exemptions
Section
6 Refusal of a Licence
Section
7 Revocation of a Licence
Section
8 Granting and Revocation of a General Licence
Section
9 Compensation in Case of a Revocation
Section
10 Content and Form of a Licence
Section
11 Licensing Authorities
Part
Two: Provisions on Supervision and Exceptions
Section
12 Duties in the Trafficking with War Weapons
Section
12a Special Notification Requirements
Section
13 Seizure and Confiscation
Section
13a Handling of War Weapons Rendered Unusable
Section
14 Supervisory Authorities
Section
15 Federal Army and other Bodies
Part
Three: Special Provisions on Nuclear Weapons
Section
16 Nuclear tasks in the North Atlantic Alliance
Section
17 Prohibition of Nuclear Weapons
Part
Four: Special Provisions on Biological and Chemical Weapons as well as
Anti-Personal Mines
Section
18 Prohibition of Biological and Chemical Weapons
Section
18a Prohibition of Anti-Personal Mines
Part
Five: Penal Provisions and Fines
Section
19 Penal Provisions on Nuclear Weapons
Section
20 Penal Provisions on Biological and Chemical Weapons
Section
20a Penal Provisions on Anti-Personal Mines
Section
21 Acts Committed outside the Purview of this Act
Section
22 Exceptions
Section
22a Other Penal Provisions
Section
22b Infringement of Administrative Provisions
Section
23 Administrative Authorities
Section
24 Confiscation
Section
25 (repealed)
Part
Six: Transitional and Final Provisions
Section
26 Licences Granted prior to the Entry into Force of
this Act
Section
26a Notification of the Exercise of Actual Control
Section
26b Transitional provisions for the territory referred to in Article 3 of the
Unification Treaty
Section
27 International treaties
Section
28 Berlin Clause
Section
29 (Entry into force
Annex
War Weapons List
Part
One: Licensing Provisions
Section 1 Definitions
(1) For the purposes of this Act, weapons
intended for warfare (war weapons) comprise the items, substances and organisms
listed in the Annex to this Act (War Weapons List).
(2) The Federal Government is authorised to amend and supplement the War Weapons List, by
statutory order requiring the consent of the Federal Council, in accordance
with the level of scientific, technical and military knowledge, with the aim to
include all items, substances or organisms that are capable alone or in
conjunction with each other or with other items, substances or organisms of
causing disruption or damage to persons or things and of being used as a means
of violence in armed conflicts between states.
(3) The special provisions of Parts Three
and Four as well as the penal provisions of sections 19 to 21 of this Act shall
apply to nuclear weapons as defined in section 17 (2), to biological and
chemical weapons as defined in the War Weapons Control List and to
anti-personal mines as defined by section 18a (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 3 Transport within Federal
Territory
(1) Anyone who intends to have war weapons
transported outside an enclosed site within federal territory shall need a licence.
(2) Anyone who intends to transport war
weapons, which he has produced or of which he has acquired actual control,
outside an enclosed site within federal territory shall also need a licence.
(3) War weapons may only be imported,
exported, transported through or otherwise be brought into or out of federal
territory if a licence has been granted for the
requisite transport as defined by paragraph 1 or 2 above.
(4) Notwithstanding section 27 of this
Act, a general licence may be granted for the
transport of war weapons which are loaded and unloaded outside federal
territory and are transported through federal territory under customs
supervision without change of a carrier or by ship via free ports without
storage.
Section 4 Transport outside Federal
Territory
(1) Anyone who intends to transport by
ships flying the federal flag or by aircraft entered in the aircraft register
of the Federal Republic of Germany war weapons which are loaded and unloaded
outside federal territory and are not transported through federal territory
shall require a licence.
(2) A general licence
may be granted for the transport of war weapons as defined by paragraph 1 above
in or to certain regions.
Section 4a Foreign Transactions
(1) Anyone who intends to broker a
contract on the acquisition or transfer of war weapons located outside federal
territory or to show that an opportunity exists for concluding such a contract
shall need a licence.
(2) Anyone who intends to conclude a contract
on the transfer of war weapons located outside federal territory shall also
require a licence.
(3) Paragraphs (1) and (2) above shall not
apply if the war weapons are to be imported into or transported through federal
territory in the execution of the contract.
Section 5 Exemptions
(1) Anyone who acts under the supervision
or as an employee of another person shall not require a licence
under sections 2 and 4a of this Act. In such cases, the other person alone
shall require a licence in accordance with section 2
to 4a of this Act.
(2) Anyone who transports war weapons
pursuant to a licence granted under section 3 (1) of
this Act shall not require a licence under section 2
(2) of this Act for the acquisition of actual control of those war weapons from
the consignor and for the transfer of actual control to the consignee named in
the licence.
(3) A licence
under section 2 (2) of this Act shall also not be required by anyone who
intends
1. to transfer
actual control of war weapons to a person who transports such weapons pursuant
to a licence under section 3 (1) of this Act or to
acquire such control from such person, provided that the consignor and
consignee are named in the licence,
2. to transfer actual control of war
weapons to the Federal Armed Forces, the Procurement Office of the Federal
Ministry of the Interior, the customs administration, an authority or agency
responsible for maintaining law and order or a prison authority or to acquire
such control from such a body for the purpose of repair or transport of the
weapons.
Section 6 Denial of a Licence
(1) There shall be no entitlement to the
granting 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 interest of the Federal Republic of Germany in maintaining good
relations with other countries;
2. a) the
applicant, his legal representative, the body or member of such body authorised to represent a legal person, a shareholder authorised to represent a commercial partnership or the
head of a company or plant of the applicant,
b) the person who transports
war weapons,
c) the person who transfers the actual control of war
weapons to or acquires such control from the carrier, is not a German national
as defined by Article 116 of the Basic Law or has his domicile or habitual
residence outside federal territory,
3. proof is not furnished of the possession of a licence required under other regulations in connection with
the act subject to a licence.
(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 fulfilment;
3. there is reason to assume that any of the persons mentioned
in paragraph (2) 2 above does not possess the reliability needed for the
intended act.
(4) Other regulations under which a licence is required for acts specified in section 2 to 4a
of this Act shall remain unaffected.
Section 7 Revocation of a Licence
(1) A licence
may be revoked at any time.
(2) A licence
shall be revoked if any of the reasons for denial specified in section 6 (3) of
this Act has subsequently become evident or occurred, unless the reason is
eliminated within a period of time to be determined.
(3) If a licence
is revoked, the licensing authority shall make arrangements for the disposition
or use of war weapons. In particular it may direct that, within a reasonable
period, the war weapons be rendered unusable or be transferred to a person authorised to acquire them and that proof of this be
furnished to the supervisory authority. If the period expires without such
action, the war weapons may be seized and confiscated. Section 13 (3) shall
apply mutatis mutandis.
Section 8 Granting and Revocation of a
General Licence
(1) A general licence
within the meaning of sections 3 (4) and section 4 (2) shall be granted by
statutory order.
(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.
(3) A General licence
shall be revoked by statutory order wholly or in part if
1. there is a risk of the war weapons transported under the
general licence being used for an act detrimental to
peace, specially for a war of aggression.
2. there is reason to assume that the generally licensed
transport would violate international obligations of the Federal Republic of
Germany or endanger their fulfilment.
(4) Statutory orders under paragraphs (1)
to (3) shall be passed by the Federal Government; they shall not require the
consent of the Federal Council.
Section 9 Compensation in Case of
Revocation
(1) If a licence
under section 2, section 3 (1) or (2), section 4 (1) or section 4a of this Act
is cancelled wholly or in part, the licensee shall receive adequate pecuniary
compensation from the Federal Government. The amount of compensation shall be
determined by the expenditure proved by the licensee to have been reasonably
incurred. Account shall be taken of other possible uses of the weapons in
accordance with the principles of good management. In the event of a dispute
over the amount of compensation, recourse shall exist to ordinary courts of
law.
(2) The entitlement to pecuniary
compensation shall be precluded if the licensee or the persons acting for him
under the licence gave cause for cancelling the licence through their own fault, especially if
1. those persons substantially or repeatedly violated the
provisions of this Act, the statutory orders passed under this Act or the instructions
of the licensing or supervisory authority;
2. the licence was revoked pursuant
to section 7 (2) in conjunction with section 6 (3) 3 of this Act.
Section 10 Content and Form of a Licence
(1) A licence
may be limited in scope or duration and be the subject of conditions.
(2) Time limits and conditions may be
imposed subsequently at any time. Section 9 of this Act shall apply mutatis
mutandis.
(3) A licence
shall be granted in writing; it shall contain information on the type and
quantity of war weapons. A licence for the production
of the war weapons specified in Part B of the war weapons control list may be
granted without limitation to a certain quantity, an a licence
for the transport of war weapons without limitation to a certain type and
quantity.
Section 11 Licensing Authorities
(1) The Federal Government shall be
responsible for granting and revoking licences.
(2) The Federal Government is authorised to assign as follows, by statutory order not requiring
the consent of the Federal Council, the power to grant and revoke licences in the cases defined in sections 2, 3 (1) and (2)
and section 4a of this Act:
1. for the ambit
of the Federal Armed Forces: to the Federal Ministry of Defence;
2. for the ambit
of the customs administration: to the Federal Ministry of Finance;
3. for the ambit
of the authorities or agencies responsible for maintaining law and order as
well as prison authorities: to the Federal Ministry of the Interior;
4. for all other
areas: the Federal Ministry of Economics and Technology.
(3) The power to grant and revoke licences in the cases defined in section 4 (1) of this Act
may, by statutory order not requiring the consent of the Federal Council, be
assigned to the Federal Ministry of Transport, Building and Housing who shall
exercise this power in agreement with the Federal Foreign Office.
(4) The Federal Government is also authorised to enact, by ordinance requiring the consent of
the Federal Council, the requisite regulations detailing the licensing
procedure.
(5) The Federal Office for the Protection
of the Constitution may be consulted in assessing the reliability or persons
under section 6 (3) 3. of this Act.
Part
Two: Provisions on Supervision and Exceptions
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.
(2) Anyone who produces war weapons, has them transported or transports them himself or
acquires actual control of them or transfers such control to another person
shall keep a register of war weapons as proof of their whereabouts. This shall
not apply in the cases defined in section 5 (1) and (2) of this Act and to
transports in the cases defined in section 5 (3) 2. of
this Act.
(3) Anyone who intends to have war weapons
transported shall hand over a copy of the licence
upon handing over the weapons for transport.
(4) Anyone who transports war weapons
shall carry a copy of the licence, present it
automatically to the competent authorities or agencies, particularly to the
customs offices at the points of entry and exit, and hand it over on request
for examination.
(5) Anyone who is entitled to dispose of
war weapons shall report to the competent supervisory authority on the stock of
war weapons and any changes therein, specifying the licences
granted for this purpose, within the time limits determined by legal provision
or by instruction of the competent supervisory authority.
(6) Anyone who
1. acquires
actual control of war weapons as acquirer mortis causa,
as finder or in a similar manner,
2. acquires
actual control of war weapons as trustee in bankruptcy, official receiver or in
a similar manner,
3. relinquishes
actual control of war weapons,
4. acquires knowledge
of the whereabouts of a war weapon of which nobody has
actual control,
shall notify this without delay to the
competent supervisory authority or to an authority or agency responsible for
maintaining law and order. In the case of item 1 above, the person acquiring
actual control of war weapons shall, within a period to be determined by the
supervisory authority, render the war weapons unusable or transfer them to a
person entitled to acquire them and furnish proof of this to the supervisory
authority. The supervisory authority may upon application allow exemptions from
the foregoing sentence if this is in the public interest. Such exemptions may
be limited in duration and be subject to conditions. Time limits and conditions
may be subsequently imposed at any time.
(7) The Federal Government is authorised to take the following measures by statutory
order requiring the consent of the Federal Council:
1. enact regulations needed for the implementation of
paragraphs (1) to (6) above;
2. exempt small
quantities of war weapons and slight changes in stocks from the duty of keeping
a register, reporting and notification (paragraphs 2, 5 and 6 above), provided
that public interests are not jeopardised;
3. prescribe labelling of war
weapons, indicating the producer or importer.
Section 12a Special Reporting Requirements
(1) The Federal Government is authorised, by statutory order requiring the consent of the
Federal Council, to prescribe that the import and export of war weapons of Part
B of the War Weapons List shall be reported to the Federal Office of Economics
and Export Control (BAFA), where the Federal Government needs these data in
order to fulfil international agreements on the
communication of data referring to the import and export of war weapons. The
Federal Office of Economics and Export Control (BAFA) is permitted to compare
the data collected due to a statutory order under sentence 1 for purposes
mentioned in sentence 1 with other data recorded by it.
(2) The data collected due to a statutory order
under paragraph 1 may be transmitted in a summarised
form without mentioning the names of consignees and consignors for the purposes
referred to in paragraph 1 to international organisations
or for information of the German parliament (Bundestag) or publication. This
shall also apply if, in individual cases, the data can be brought in connection
with certain companies, if the interest in the communication or publication
considerably outweighs the interest of the company concerned in the observance
of secrecy.
(3) Type and extent of the reporting
requirement are to be restricted to the degree necessary for achieving the aim
mentioned in paragraph 1.
Section 13 Seizure and Confiscation
(1) The supervisory authorities and the
agencies responsible for maintaining law and order may seize war weapons
1. if the facts
give cause to assume that the person having actual control does not possess the
requisite reliability, especially that he will transfer the war weapons to an unauthorised person or use them in an unauthorised
manner, or
2. if this is necessary to protect state secrets.
(2) The supervisory authorities may
confiscate seized war weapons if this is needed to ward off a threat to law and
order and if less stringent measures are inadequate.
(3) If war weapons are confiscated,
ownership of them shall pass to the state once the confiscation order is final.
Third-party rights to the war weapons shall expire. The owner or the possessor
of a right in them shall receive reasonable pecuniary compensation from the
Federal Government, taking into account the current market value of the
weapons. Compensation shall not be granted if the owner or possessor of a right
in them contributed with at least gross negligence to causing the threat to law
and order. In such a case, compensation may be granted if its refusal would be
unreasonably severe.
(4) In the event of imminent danger, the
Federal Armed Forces may seize war weapons under the conditions specified in
paragraph (1) above.
Section 13a Handling of War Weapons
Rendered Unusable
The handling of war weapons rendered
unusable may be restricted by the Federal Ministry of Economics and Technology
by statutory order not requiring the consent of the Federal Council; in
particular, the handling may be prohibited or subjected to licensing
reservations. War weapons rendered unusable are war weapons which, due to
technical changes, finally lost the capability of being used for their specific
purpose, and cannot be put into operation again by tools of general use. Details
can be stipulated in the statutory order referred to in sentence 1 above.
Section 14 Supervisory Authorities
(1) The following authorities shall be
responsible for supervising the acts requiring a licence
under this Act as well as compliance with the duties specified in section 12 of
this Act:
1. in the cases defined in sections 2 and 3 (1) and (2) as well
as section 4a of this Act, the Federal Ministry of Economics and Technology;
2. in the cases defined in section 4 of this Act, the Federal Ministry
of Transport, Building and Housing.
(2) The Federal Ministry of Finance and
the customs service offices designated by it shall be responsible for
supervising the import or export, transport through or otherwise bringing into
or out of federal territory, of war weapons (section 3 paras.
3 and 4).
(3) To perform their functions, especially
to supervise stocks of war weapons and any changes therein, the supervisory
authorities (paragraphs 1 and 2 above) may
1. demand the necessary information,
2. have access to and examine company records and other
documents;
3. carry out inspections.
(4) Persons authorised
by the supervisory authorities may enter premises where required by their
functions. The basic right of inviolability of the home embodied in Article 13
of the Basic Law shall be restricted to that extent.
(5) Anyone who requires a licence under sections 2 to 4a of this Act shall provide
the necessary information, present company records and other documents for
examination and allow entry into premises. The same shall apply to persons on
whom the duties specified in section 12 of this Act are incumbent.
(6) A person obliged to supply information
may refuse to provide answers to questions which would expose him or any
relative specified in section 383 (1) nos. 1 to 3 of the Code of Civil
Procedure, liable to the risk of criminal prosecution or proceedings under the
Administrative Offences Act.
(7) The Federal Government is authorised to enact, by statutory order requiring the
consent of the Federal Council, the regulations needed to carry out the
supervisory measures allowed under paragraph 3 above and to regulate the
procedures applied by the supervisory authorities.
(8) The Federal Ministry of Economics and
Technology is authorised to assign, by statutory
order not requiring the consent of the Federal Council, the supervisory powers
accruing to him under paragraph 1 above to the Federal Office of Economics and
Export Control (BAFA).
Section 15 Federal Armed Forces and Other
Bodies
Sections 2 and 4a and 12 of this Act shall
not apply to the Federal Armed Forces, federal police and the customs
administration.
(2) The other authorities or agencies
responsible for maintaining law and order, the Procurement Office of the
Federal Ministry of the Interior, the offices for the examination and licensing
of firearms as well as prison authorities shall not require a licence
1. for acquiring
actual control of war weapons;
2. for
transferring actual control of war weapons to another person for the purpose of
repair or transport of such weapons;
3. for transporting war weapons in the cases defined in section
3 (2) of this Act.
Section 12 of this Act shall not be
applicable insofar.
(3) Section 4a of this Act shall not apply
to authorities or agencies in the exercise of their official functions.
Part
Three: Special Provisions on Nuclear Weapons
Section 16 Nuclear Tasks in the North
Atlantic Alliance
To ensure the preparation and
implementation of nuclear participation under the North Atlantic Treaty of 4
April 1949 for a member state, the provisions of this part and the penal
provisions of sections 19 and 21 of this Act shall apply only to nuclear
weapons which are not under the control of Member States of the said treaty or
which are not developed or produced on behalf of such states.
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 through or
otherwise bring them into or out of federal territory, or otherwise exercise
actual control over them, or
1a. to induce
another person to commit an act specified in item 1 above, or
2. encourage an act specified in item 1 above.
(2) For the purposes of paragraph 1 above,
nuclear weapons are
1. any weapons which contain, or are especially designed to
contain or use, nuclear fuel or radioactive isotopes and which are capable of
mass destruction, massive injury or mass poisoning;
2. parts, devices, assemblies or substances especially designed
for any weapon described in item 1 above.
Moreover, for the definition of nuclear
weapons, sentence 2 of the introduction and section I (c) of Annex II of
Protocol No. III to the revised Brussels Treaty of 23 October 1954 shall apply.
Part
Four: Special Provisions on Biological and Chemical Weapons as well as
Anti-personal Mines
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,
1a. induce
another person to commit an act specified in item 1 above, or
2. encourage an act specified in item 1 above.
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 trough 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.
2. induce another person to commit an act specified in item 1
above, or
3. encourage an act specified in item 1 above.
(2) For the definition of anti-personal
mines, Article 2 of the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personal Mines and Their Destruction of 3
December 1997 shall apply.
Part
Five: Penal and Administrative Fine Provisions
Section 19 Penal Provisions on Nuclear
Weapons
(1) A prison sentence between one and five
years shall be imposed on anyone who
1. develops,
produces or trades in nuclear weapons as defined in section 17 (2) of this Act,
acquires them from or transfers them to another person, imports or exports
them, transports them through or otherwise brings them into or out of federal
territory, or otherwise exercises actual over them, or
1a. induces
another person to commit an act specified in item 1 above, or
2. encourages an act specified in item 1 above.
(2) A prison sentence of not less than two
years shall be imposed on anyone who
1. commits an
act specified in paragraph 1 above, for gain or as a member of a gang that has
been formed for continually committing such criminal offences, with the
assistance of another member of the gang, or
2. by committing
an act specified in paragraph 1 above
a) endangers the
security of the Federal Republic of Germany,
b) endangers peaceful relations among nations or
c) considerably endangers the foreign relations of the Federal
Republic of Germany.
(3) In less serious cases
1. of the kind specified in paragraph 1 above, the sentence
shall be up to three years imprisonment or a fine;
2. of the kind specified in paragraph 2 above, the sentence
shall be between three months and five years imprisonment.
(4) If the offender acts with negligence
in the cases specified in paragraph 1 (1) above or with gross negligence in the
cases specified in paragraph 1 (1a) or (2) above, the sentence shall be up to
two years imprisonment or a fine.
(5) Anyone who
1. in the cases specified in paragraph 2, item 2 above causes
the danger with negligence or
2. acts with
negligence in the cases specified in paragraph 2, item 2 in conjunction with
paragraph 1, item 1 above or with gross negligence in the cases specified in
paragraph 2, item 2 in conjunction with paragraph 1, item 1a or 2 above causes
the danger with negligence,
shall be punished
with a prison sentence of up to three years or with a fine.
(6) Paragraphs 1 to 5 above shall not
apply to acts which are suitable and intended for
1. the destruction of nuclear weapons by the competent
authorities or
2. providing protection against the effects of nuclear weapons
or warding off these effects.
Section 20 Penal Provisions on Biological
and Chemical Weapons
(1) A prison sentence of not less than two
years shall be imposed on anyone who
1. develops,
produces or trades in biological or chemical weapons, acquires them from or
transfers them to another person, imports or exports them, transports them
through or otherwise brings them into or out of federal territory, or otherwise
exercises actual control over them, or
1a. induces
another person to commit an act specified in item 1 above, or
2. encourages an act specified in item 1 above.
(2) In less serious cases of the kind
specified in paragraph 1 above, the sentence shall be between three months and
five years imprisonment.
(3) If the offender acts with negligence
in the cases specified in paragraph 1, item 1 above or with gross negligence in
the cases specified in paragraph 1, item 1a or 2 above the sentence shall be up
to three years imprisonment or a fine.
(4) Paragraphs 1 to 3 above shall not
apply to acts which are suitable and intended for
1. the destruction of chemical weapons by the competent
authorities or
2. providing protection against the effects of biological or
chemical weapons or warding off these effects.
Section 20a Penal Provisions on
Anti-Personal Mines
(1) A prison sentence of one up to five
years shall be imposed on anyone who
1.
notwithstanding section 18a, uses, develops, produces or trades in
anti-personal mines, acquires them from or transfers them to another person,
imports or exports them, transports them through or otherwise brings them into
or out of federal territory, or otherwise exercises actual control over them,
particularly transports, stores or retains them,
2. induces another person to commit an act specified in item 1
above, or
3. encourages an act specified in item 1 above.
(2) In particularly serious cases, the
punishment shall be a prison sentence of no less than one year. A particularly
serious case is, as a rule, if
1. the offender acts for gain in the cases of paragraph 1
above, or
2. the act specified in paragraph 1 above refers to a high
number of anti-personal mines.
(3) In less serious cases of the kind
specified in paragraph 1 above, the sentence shall be between three months and
three years imprisonment.
(4) If the offender acts with negligence in
the cases specified in paragraph 1, item 1 above or with gross negligence in
the cases specified in paragraph 1, item 2 or 3 above the sentence shall be up
to three years imprisonment or a fine.
Section 21 Acts Committed outside the Area
of Application of this Act
Section 19, paragraph 2, item 2, paragraph
3, item 2, paragraphs 5 and 6, sections 20 and 20a of this Act shall also apply
to acts committed outside the area of application of these provisions if the
offender is a German national.
Section 22 Exceptions
Sections 18, 20 and 21 of this Act shall
not apply to official acts related to chemical weapons performed by
1. a member or a
civilian employee of a force or of a civilian component pursuant to the
Agreement of 19 June 1951 between the Parties to the North Atlantic Treaty
regarding the Status of their Forces or
2. a German on staffs or in installations established on the
basis of the North Atlantic Treaty of 4 April 1949.
Section 22a Other Penal Provisions
(1) A prison sentence of one year up to
five years shall be imposed on anyone who
1. produces war weapons without a licence under section 2 (1)
of this Act,
2. acquires from or transfers to another person actual control
of war weapons without a licence under section 2 (2) of this Act,
3. has war weapons transported or transports them himself
outside an enclosed site within federal territory without a licence under
section 3 (1) or (2) of this Act, or
4. imports or
exports war weapons, transports them through or otherwise brings them into or
out of federal territory without a licence for the respective transport, or
5. intentionally
or knowingly transports by ships flying the federal flag or by aircraft entered
in the aircraft register of the Federal Republic of Germany such war weapons
without a licence under section 4 of this Act as are loaded and unloaded
outside federal territory and are not transported through federal territory
6. otherwise exercises actual control over war weapons without
a) the acquisition of actual control being based on a licence
under this Act or
b) notification having been given under section 12 (6), item 1,
or section 26a of this Act, unless the provisions of the Weapons Act are
applicable to portable forearms under section 6 (3) of that act, or
7. brokers a contract on acquisition or transfer without a
licence under section 4a (1) of this Act or shows that an opportunity exists
for concluding such a contract or concludes a contract without a licence under
section 4a (2) of this Act.
(2) In particularly serious cases, the
sentence shall be between one and ten years’ imprisonment. A particularly
serious case is generally deemed to exist if the offender commits an act
specified in paragraph 1, items 1 to 4, 6 or 7, above for gain or as a member
of a gang that has been formed for continually committing such offences, with
the assistance of another member of the gang.
(3) In less serious cases, the sentence
shall be up to three years’ imprisonment or a fine.
(4) Anyone who commits with negligence an
act specified in paragraph (1) items 1 to 4, 6 or 7 above shall be punished by
up to two years’ imprisonment or by a fine.
(5) A sentence under paragraph 1, item 3
or 4 above shall not be imposed on anyone who, having imported or otherwise
brought war weapons into federal territory, voluntarily and without delay,
hands them over to a supervisory authority, to the Federal Armed Forces or to
another authority or agency responsible for maintaining law and order. If
actual control of war weapons is acquired by any other authority or agency
specified in the foregoing sentence without any effort on the part of the
person who imported or otherwise brought them into federal territory, his
voluntary and genuine endeavour to hand over the war weapons shall be deemed
sufficient.
Section 22b Infringement of Administrative
Provisions
(1) An administrative offence shall be
deemed to have been committed by anyone who intentionally or negligently
1. fails to fulfil a condition under section 10 (1) of this
Act, fulfils it only in part or not in due time;
2. does not keep a register of war weapons under section 12 (2)
of this Act, keeps it incorrectly or incompletely;
3. fails to effect reports under section 12 (5) or
notifications under section 12 (6) of this Act, does so incorrectly,
incompletely or not in due time or fails to fulfil a condition under the fourth
or fifth sentence of section 12 (6) of this Act;
3a. acts
contrary to a statutory order issued under section 12a (1), where it refers to
this fine provision for a definite statutory offence;
4. fails to provide information under section 14 (5) of this
Act, does so incorrectly, incompletely or not in due time;
5. fails to present company records and other documents under
section 14 (5) of this Act, does so incompletely or not in time;
6. acts contrary to the obligation under section 14 (5) of this
Act to allow entry into premises.
(2) Such administrative offence shall be
punishable by a fine of up to DM 10,000.
(3) An administrative offence shall also
be deemed to have been committed by anyone who intentionally or negligently
fails, contrary to section 12 (3) of this Act, to submit a copy of the licence
upon handing over war weapons for transport, or contrary to section 12 (4) of
this Act, fails to carry a copy of the licence during transport. Such an
administrative offence shall be punishable by a fine of up to DM 1,000.
Section 23 Administrative Authorities
Where they are responsible for supervision
under section 14 (1) and (2) of this Act, the Federal Ministry of Economics and
Technology, the Federal Ministry of Transport, Construction and Housing and the
Federal Ministry of Finance shall at the same time be administrative
authorities within the meaning of section 36 (1), item 1 of the Administrative
Offences Act. Section 36 (3) of the Administrative Offences Act shall apply
mutatis mutandis.
Section 24 Confiscation
(1) War weapons to which an offence under
sections 19, 20, 21 or 22a of this Act relates may be confiscated on behalf of
the Federal Government; section 74a (2) of the Penal Code shall apply. Even if
the requirements of section 74 (2) of the Penal Code are not met, they shall be
confiscated where the welfare of the Federal Republic of Germany so requires;
this shall also apply if the offender acted without fault.
(2) The duty to pay compensation under
section 74 f of the Penal Code shall be incumbent on the Federal Government.
(3) In the cases of section 19 (1) and
(2), paragraph 2 item 2 also in connection with section 21, of section 20 (1)
also in connection with section 21, and of section 22a (1) section 73d of the
Penal Code shall be applied, if the offender acts for gain or as a member of a
gang that has been formed for continually committing such offences.
Section 25 (repealed)
Part
Six: Transitional and Final Provisions
Section 26 Licences
Granted prior to the Entry into Force of this Act
Licences granted under the provisional
licensing procedure pursuant to Article 26 (2) of the Basic Law shall be deemed
granted under this Act.
Section 26a Notification of the Exercise
of Actual Control
Anyone who, on the date when accession
takes effect, is in actual control of previously acquired war weapons in the
territory specified in Article 3 of the Unification Treaty shall notify this to
the Federal Office of Economics within two months of accession taking effect,
stating the type of weapons, quantity, weapons number or other identification,
unless he is exempted from the requirement of a licence for the acquisition of
actual control or has received an order under section 26b of this Act. After
expiry of this period, actual control of war weapons that require notification
but have not been notified shall no longer be exercised.
Section 26b Transitional Provisions for
the Territory Specified in Article 3 of the Unification Treaty
(1) An act which requires a licence under
this Act and has been started or envisaged in the territory specified in
Article 3 of the Unification Treaty before the date when accession takes effect
and cannot be deferred may be provisionally licensed. In such cases the
required licence is to be applied for within a month following the issue of the
provisional licence. If the licence is refused, the applicant may be granted
reasonable compensation, with section 9 of this Act being applied mutatis
mutandis, if the refusal of compensation would be unreasonably severe in view
of the need to protect confidence in the former legal situation.
(2) Notwithstanding section 27 of this
Act, the following shall apply to international agreements concluded by the
German Democratic Republic where they concern the supply or repair of war
weapons:
1. Where, before
the date when accession takes effect, state orders have been placed for 1990
for the production of war weapons or for their export to or import from Member
States of the Warsaw Treaty, the acts necessary to carry out those orders and
requiring a licence under sections 2 or 3 of this Act shall be deemed to have
been licensed.
2. In the case
of orders under item 1 above concerning states that are not members of the
Warsaw Treaty, acts which require a licence but cannot be deferred may be
provisionally licensed; the second and third sentences of paragraph 1 above
shall apply mutatis mutandis.
(3) In the event that the German
Democratic Republic passes a law to put this Act into effect, the Federal
Ministry of Economics and Technology is authorised to modify, by statutory
order not requiring the consent of the Federal Council, the provisions of
paragraphs 1 and 2 above and of section 26a of this Act in such a way that
their purposes are achieved in the light of the new legal situation.
Section 27 International treaties
Obligations of the Federal Republic under
international treaties shall remain unaffected. To this extent the licences
required under article 26 (2) of the Basic Law and under this Act shall be
deemed to have been granted.
Section 28 Berlin Clause
(void)
Section 29
(Entry into force)
The
above translation is unofficial. It was published by the Federal Ministry of
the Interior. Reproduced with kind permission. ©
1986 Federal Ministry of the Interior. This HTML edition by Nico Köppel, and © 2009
Gerhard Dannemann. The contents of this page may be downloaded and printed out
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