KrWaffKontrG - Law on control of weapons - English version

KrWaffKontrG - English version

Ausfertigungsdatum: 20.04.1961

Law on the control of weapons

Stand: Neugefasst durch Bek. v. 22.11.1990 I 2506;
zuletzt geändert durch Art. 25 G v. 19.12.2022 I 2606

See Deutsche Originalfassung (German official text)

Unofficial translation

This English translation of the German Kriegswaffenkontrollgesetz is an unofficial translation, operated by RespectUs (a) using Deepl, an automated translation service, and (b) reviewing the version obtained by Deepl. It is only provided for information purposes. Only the German official text is binding.

Section One - Approval Requirements

§ 1 Definition

1) Weapons intended for warfare within the meaning of this Act (war weapons) are the objects, substances and organisms listed in the Annex to this Act (War Weapons List).

(2) The Federal Government is authorized, by ordinance with the consent of the Bundesrat, to amend and supplement the list of war weapons in accordance with the state of scientific, technical and military knowledge in such a way that it contains all objects, substances and organisms which, alone, in combination with each other or with other objects, substances or organisms, are capable of causing destruction or damage to persons or property and of serving as a means of using force in armed conflicts between states.

(3) The special provisions of the Third and Fourth Sections and the penal provisions of Sections 19 to 21 shall apply to nuclear weapons as defined in Section 17 (2), to biological and chemical weapons as defined in the War Weapons List, and to antipersonnel mines and cluster munitions as defined in Section 18a (2).

§ 2 Manufacture and placing on the market

(1) Anyone who wants to manufacture weapons of war requires a license.

(2) Anyone wishing to acquire actual power over weapons of war from another or to transfer such power to another requires authorization.

§ 3 Carriage within the Federal territory

(1) Anyone wishing to have war weapons transported within the territory of the Federal Republic of Germany outside a closed compound requires a permit.

(2) Authorization is also required for anyone who wishes to transport war weapons, which he has manufactured or over which he has acquired actual control, within the territory of the Federal Republic of Germany outside a closed area.

(3) War weapons may only be imported, exported or transported through the territory of the Federal Republic of Germany if the transport required for this purpose has been authorized within the meaning of paragraph 1 or 2 or if a general authorization has been issued for this purpose in accordance with paragraph 4.

(4) Notwithstanding the provisions of § 27, a General Permit may be issued to 1. for the transport of war weapons for the purpose of transit through federal territory, 2. for the transport of war weapons for the purpose of importation to the Bundeswehr, 3. for the transport of war weapons for the purpose of importation to companies located in the territory of the Federal Republic of Germany that are certified in accordance with Section 9 of the Foreign Trade and Payments Act in conjunction with a statutory order issued on the basis of this provision, 4. for the transport of war weapons between companies located in the federal territory that are authorized pursuant to § 9 of the Foreign Trade and Payments Act in conjunction with a statutory order issued on the basis of this provision, 5. for the transport of war weapons within the territory of the Federal Republic of Germany by companies certified in accordance with Section 9 of the Foreign Trade and Payments Act in conjunction with a statutory order issued on the basis of this provision to the Federal Armed Forces and by the Federal Armed Forces through these companies to themselves, as well as 6. for the transport of war weapons for the purpose of transfer to companies established in another Member State of the European Union and certified in that Member State in accordance with Article 9 of Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defense-related products within the Community (OJ L 146, 10.6.2009, p. 1).

§ 4 Carriage outside the Federal territory

(1) Anyone wishing to transport war weapons that are loaded and unloaded outside the Federal territory and do not pass through the Federal territory by sea-going vessels flying the Federal flag or by aircraft registered in the Federal Republic's aircraft register requires a permit.

(2) A General Authorization may also be issued for the transport of war weapons as defined in paragraph 1 to and within certain areas.

§ 4a Foreign business

(1) Anyone wishing to broker a contract for the acquisition or transfer of war weapons located outside the territory of the Federal Republic, or to provide evidence of the opportunity to conclude such a contract, requires authorization.

(2) Permission is also required for anyone wishing to conclude a contract for the transfer of war weapons located outside the territory of the Federal Republic.

(3) Paragraphs 1 and 2 shall not apply if the war weapons are to be imported into or carried out in the Federal territory in implementation of the Treaty.

(4) A General Licence may be issued for brokering and transfer transactions as defined in paragraphs 1 and 2 by companies which themselves manufacture war weapons within the European Union.

§ 5 Exemptions

(1) Permission in accordance with §§ 2 to 4a is not required for anyone who works under the supervision or as an employee of another person. In such cases, only the other person requires approval in accordance with sections 2 to 4a.

(2) Whoever transports war weapons on the basis of a permit pursuant to § 3 para. 1 § 3 para. 2 or a general permit pursuant to § 3 para. 4, requires for the acquisition of the actual power over these war weapons by the consignor and the transfer of actual power to the consignee named in the authorization document or covered by a General Authorization does not require an authorization under Section 2(2). (

3) Furthermore, a license pursuant to § 2, paragraph 2, is not required for anyone who has actual control over weapons of war. 1. to the person who transports, transfers or intends to acquire war weapons on the basis of a license pursuant to Section 3 (1), (2) or a General License pursuant to Section 3 (4), provided that the consignor and the consignee are named in the license document or are covered by a General License pursuant to Section 3 (4), 2. to the German Armed Forces or intends to acquire them from the German Armed Forces or 3. to the Procurement Office of the Federal Ministry of the Interior, the Federal Police, the Customs Administration, an authority or department responsible for the maintenance of public safety, a bombardment office or an authority of the penal system, or to acquire it from them for repair, testing or transport.

§ 6 Refusal of approval

(1) There is no entitlement to the granting of a permit.

(2) Approval may be refused in particular if 1. there is reason to believe that granting them would be contrary to the interest of the Federal Republic in maintaining good relations with other countries, 2. a) the applicant, his legal representative, in the case of legal entities the body authorized to represent the applicant or a member of such a body, in the case of commercial partnerships a partner authorized to represent the applicant, as well as the manager of an establishment or part of an establishment of the applicant, b) the one who carries weapons of war, c) the person who transfers actual power over weapons of war to the carrier or acquires it from him, is not a German within the meaning of Article 116 of the Basic Law or has his or her place of residence or habitual abode outside the territory of the Federal Republic of Germany, 3. a permit required in connection with the act requiring a permit under other regulations is not demonstrated.

(3) Approval shall be denied if 1. there is a risk that the weapons of war will be used in an act disturbing the peace, in particular in a war of aggression, 2. there is reason to believe that granting the permit would violate the Federal Republic's obligations under international law or jeopardize their fulfillment, 3. there is reason to believe that one of the persons referred to in paragraph 2 No. 2 does not possess the reliability required for the intended action.

(4) Other provisions according to which a permit is required for the acts referred to in §§ 2 to 4a shall remain unaffected.

§ 7 Revocation of the permit

(1) The authorization may be revoked at any time.

(2) The permit shall be revoked if one of the grounds for refusal specified in Section 6 (3) has subsequently become apparent or has occurred, unless the ground is removed within a period to be specified.

(3) If the license is revoked, the licensing authority shall issue orders concerning the whereabouts or disposal of the war weapons. In particular, it may order the war weapons to be rendered unusable within a reasonable period of time or to be handed over to a person entitled to acquire them and to provide evidence of this to the supervisory authority. If the deadline expires without results, the war weapons may be seized and confiscated. § Section 13 (3) shall apply mutatis mutandis.

§ 8 Issuance and revocation of the General Permit

(1) The General Permit within the meaning of Section 3(4), Section 4(2) and Section 4a(4) shall be issued by ordinance.

(2) The General Authorization may be revoked in whole or in part by statutory order, in particular if there is reason to believe that the transportations generally authorized would be contrary to the interest of the Federal Republic in maintaining good relations with other countries.

(3) The General Permit shall be revoked in whole or in part by ordinance if. 1. there is a risk that the weapons of war transported on the basis of the General Authorization will be used in an act disturbing the peace, in particular in a war of aggression, 2. there is reason to believe that the generally authorized transports would violate obligations of the Federal Republic under international law or jeopardize their fulfillment. (4) Statutory ordinances under paragraphs 1 to 3 shall be issued by the Federal Government; they shall not require the consent of the Bundesrat.

§ 9 Compensation in the event of revocation

(1) If a permit is revoked in whole or in part in accordance with §§ 2, 3 para. 1 or 2, § 4 para. 1 or § 4a, its holder shall be adequately compensated in money by the Federal Government. The compensation shall be calculated on the basis of the expenses incurred by the licensee for the purpose for which the license was granted. Other possibilities of utilization in accordance with the principles of proper business management shall be taken into account. In the event of a dispute over the amount of compensation, recourse shall be had to the ordinary courts.

(2) The right to monetary compensation shall lapse if the holder of the permit or the persons acting on his behalf on the basis of the permit have given cause for the revocation of the permit by their culpable conduct, in particular if 1. such persons have substantially or repeatedly violated the provisions of this Act, the ordinances issued pursuant to this Act, or the orders of the licensing or supervisory authority, 2. the permit has been revoked on the basis of Section 7 (2) in conjunction with Section 6 (3) No. 3.

§ 10 Content and form of the approval

(1) The approval may be limited in content, limited in time and subject to conditions.

(2) Subsequent time limits and conditions are permissible at any time. § Section 9 applies accordingly.

(3) The authorization must be in writing; it must contain information on the type and quantity of war weapons. Authorization to manufacture the war weapons listed in Part B of the War Weapons List may be granted without limitation to a specific quantity, the authorization to transport weapons of war may be granted without limitation to a specific type and quantity.

§ 11 Approval authorities

(1) The federal government is responsible for issuing and revoking a permit.

(2) The Federal Government is hereby empowered, by ordinance which shall not require the consent of the Bundesrat, to delegate the authority to grant and revoke licenses in the cases specified in sections 2, 3(1) and (2) and section 4a of this Ordinance. 1. for the area of the German Armed Forces to the Federal Ministry of Defense, 2. for the area of customs administration to the Federal Ministry of Finance, 3. for the area of the authorities or departments responsible for maintaining public safety and the authorities of the penitentiary system, to the Federal Ministry of the Interior, for Construction and the Homeland, 4. for all other areas to the Federal Ministry for Economic Affairs and Energy.

(3) The power to grant and revoke approval in the cases specified in section 4(1) may be transferred by statutory instrument not requiring the consent of the Bundesrat to the Federal Ministry of Transport and Digital Infrastructure, which shall exercise this power in agreement with the Federal Foreign Office.

(4) The Federal Government is further authorized to enact by ordinance, with the consent of the Bundesrat, the necessary provisions to regulate the approval procedure in more detail.

(5) The Federal Office for the Protection of the Constitution may be consulted in the examination of reliability pursuant to Section 6 (3) No. 3.

§ 11a Transmission of information

(1) Licensing authorities may transmit information, including personal data, of which they have become aware in the course of performing their duties under this Act to other federal or state public agencies to the extent necessary to pursue the purposes of section 4(1) and (2) of the Foreign Trade and Payments Act, for customs clearance, for the examination of reliability pursuant to Section 6 (3) No. 3 or for the prosecution of criminal offences or administrative offences pursuant to this Act, a statutory order issued on the basis of this Act, the Foreign Trade and Payments Act or a statutory order issued on the basis of the Foreign Trade and Payments Act.

(2) Notwithstanding paragraph 1, information on the refusal of licenses may be transmitted only to the extent necessary to pursue the purposes of Section 4 (1) and (2) of the Foreign Trade and Payments Act, is required for the examination of reliability pursuant to Section 6 (3) No. 3 or for the prosecution of criminal offences or administrative offences pursuant to this Act, a statutory order issued on the basis of this Act, the Foreign Trade and Payments Act or a statutory order issued on the basis of the Foreign Trade and Payments Act.

(3) The recipients may use the information transmitted under paragraphs 1 and 2, including personal data, only for the purposes for which it was transmitted or insofar as it is necessary for the prosecution of criminal offences or administrative offences under this Act, a statutory order issued on the basis of this Act, under the Foreign Trade and Payments Act or a statutory order issued on the basis of the Foreign Trade and Payments Act.

Second section - Monitoring and exemption rules

§ 12 Duties in the traffic with weapons of war

(1) Any person who performs an act requiring a permit under this Act shall take the necessary measures, 1. to prevent the loss or unauthorized use of weapons of war, 2. to ensure that the legal regulations and official orders for the protection of objects, facts, knowledge or communications requiring secrecy are observed.

(2) Any person who manufactures war weapons, has them transported or transports them himself or acquires actual control over war weapons from another or transfers such control to another must keep a war weapons register in order to prove the whereabouts of the war weapons. This does not apply in the cases specified in Section 5 (1) and (2) or to transports in the cases specified in Section 5 (3) No. 2.

(3) Anyone wishing to have war weapons transported must hand over a copy of the authorization document when handing them over for transport.

(4) Whoever carries out a transport of war weapons must carry a copy of the authorization certificate with him, show it to the competent authorities or offices, in particular to the customs offices of entry and exit, without being requested to do so, and hand it over for examination upon request.

(5) Whoever is entitled to dispose of war weapons shall report to the competent supervisory authority the stock of war weapons as well as any changes thereto, stating the permits issued for this purpose, within the time limits specified by law or by order of the competent supervisory authority.

(6) Who 1. as acquirer on death, finder or in a similar manner acquires actual power over weapons of war, 2. as receiver, administrative receiver, or similarly acquires actual control over weapons of war, 3. loses the actual power over weapons of war, 4. acquires knowledge of the whereabouts of a weapon of war over which no one exercises actual control, shall immediately notify the competent supervisory authority or an authority or department responsible for maintaining public security thereof. In the case of No. 1, the acquirer of actual control over the war weapons must, within a period to be determined by the supervisory authority, render the war weapons unusable or hand them over to a person entitled to acquire them and provide evidence of this to the supervisory authority. The surveillance authority may, upon application, permit exceptions to sentence 2 if there is a public interest. The exceptions may be limited in time and subject to conditions and requirements. Subsequent time limits and conditions are permissible at any time.

(7) The Federal Government is authorized, by ordinance subject to the consent of the Bundesrat, to 1. to issue the necessary regulations for the implementation of paragraphs 1 to 6, 2. to exempt small quantities of war weapons and minor stockpile changes from the accounting, reporting and notification requirements (paragraphs 2, 5 and 6), insofar as this does not endanger public interests, 3. Require a marking for weapons of war that identifies the manufacturer or importer.

§ 12a Special reporting requirements

(1) The Federal Government is authorized to order by ordinance, with the consent of the Bundesrat, that the Federal Office of Economics and Export Control (BAFA) shall be notified of the import and export of war weapons listed in Part B of the War Weapons List, insofar as the Federal Government requires such data in order to comply with international agreements on the transmission of information on the import and export of war weapons. The Federal Office of Economics and Export Control (BAFA) may compare the data collected on the basis of a statutory instrument pursuant to sentence 1 with other data stored by it for the purposes specified in sentence 1.

(2) The data collected on the basis of a statutory instrument pursuant to paragraph 1 may be transferred in aggregate, without naming recipients and suppliers, for the purposes referred to in paragraph 1 to international organizations or for the purpose of informing the German Bundestag. The shall also apply if the data can be allocated to the companies concerned in individual cases, provided that the interest of the company concerned in maintaining confidentiality significantly outweighs this.

(3) The nature and scope of the reporting obligation shall be limited to what is necessary to achieve the purpose specified in paragraph 1.

§ 13 Seizure and confiscation

(1) Surveillance authorities and authorities or departments responsible for maintaining public security may seize war weapons, 1. if facts justify the assumption that the holder of the actual power does not possess the required reliability, in particular will transfer the war weapons to a non-authorized person or will use them without authorization, or 2. if this is necessary to protect state secrets.

(2) The surveillance authorities may confiscate the seized war weapons if this is necessary to avert a threat to public safety or order and less drastic measures are not sufficient.

(3) If war weapons are confiscated, ownership of them shall pass to the State when the confiscation order becomes final. The rights of third parties to the war weapons shall lapse. The owner or a person entitled in rem shall be adequately compensated in money by the Federal Government, taking into account the market value. Compensation shall not be granted if the owner or person entitled in rem has at least recklessly contributed to the danger to public safety or order. In this case, compensation may be granted insofar as it would be an undue hardship to deny it.

(4) In the event of imminent danger, the Bundeswehr may also seize war weapons under the conditions specified in paragraph 1.

§ 13a Dealing with weapons of war rendered unusable

The handling of war weapons that have been rendered unusable may be restricted by statutory order of the Federal Ministry for Economic Affairs and Energy, which does not require the consent of the Bundesrat; in particular, handling may be prohibited or made subject to approval. Unserviceable war weapons are war weapons which, as a result of technical modifications, have definitively lost their ability to be used for their intended purpose and cannot be made functional again with tools in general use. The manner in which war weapons are to be rendered inoperable and the form in which their rendering inoperable is to be demonstrated may be determined by ordinance, which does not require the consent of the Bundesrat.

§ 14 Monitoring authorities

(1) For the supervision of acts requiring a permit under this Act and of compliance with the obligations specified in § 12, the following shall be responsible 1. in the cases of §§ 2 and 3 (1) and (2) and § 4a, the Federal Ministry for Economic Affairs and Energy, and 2. in the cases of § 4, the Federal Ministry of Transport and Digital Infrastructure is responsible.

(2) The Federal Ministry of Finance and the customs offices designated by it shall be responsible for monitoring the import, export and transit as well as other transfers of war weapons into or out of the Federal territory (Section 3 (3) and (4)).

(3) The monitoring authorities (paragraphs 1 and 2) may, in order to perform their duties, in particular to monitor the stocks of war weapons and their changes, 1. request the necessary information, 2. Inspect and review operating records and other documentation, 3. Make visits.

(4) The persons commissioned by the surveillance authorities may enter rooms and properties to the extent required by their mandate. The fundamental right of Article 13 to inviolability of the home is restricted in this respect.

(5) Any person requiring a permit pursuant to §§ 2 to 4a shall be obliged to provide the necessary information, to submit the operating records and other documents for inspection and examination, and to permit entry into the premises. of rooms and properties. The same applies to persons who are subject to the duties specified in § 12.

(6) The person obliged to provide information may refuse to provide information in response to questions the answer to which would expose him or her or one of the relatives referred to in section 383(1) nos. 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or proceedings under the Code of Administrative Offences.

(6a) Section 11a shall apply mutatis mutandis to the transmission of information, including personal data, by the supervisory authorities.

(7) The Federal Government is authorized to issue by ordinance, with the consent of the Bundesrat, the necessary regulations for the implementation of the monitoring measures permitted under paragraph 3 and to regulate the procedure of the monitoring authorities. (8) The Federal Ministry for Economic Affairs and Energy is hereby empowered to transfer to the Federal Office of Economics and Export Control (BAFA), by ordinance not requiring the consent of the Bundesrat, the supervisory powers vested in it under paragraph 1.

§ 15 Federal Armed Forces and Other Organs

(1) Sections 2 to 4a and 12 shall not apply to the Federal Armed Forces, the Federal Police and the Customs Administration.

(2) The other authorities or departments responsible for maintaining public security, the procurement office of the Federal Ministry of the Interior, the bombardment offices and the authorities of the penal system do not require authorization 1. for the acquisition of actual power over weapons of war, 2. for the transfer of actual authority over weapons of war to another for repair, testing, after firing, or transport; and 3. for the carriage of weapons of war in the cases referred to in § 3, paragraph 2. § Section 12 shall not apply in this respect.

(3) § Section 4a does not apply to authorities or departments in the course of their official activities.

Third section - Special provisions for nuclear weapons

§ 16 Nuclear tasks in the North Atlantic Alliance

The provisions of this section and the penal provisions of sections 19 to 21 shall, for the purpose of ensuring the preparation and conduct of nuclear sharing under the North Atlantic Treaty of April 4, 1949, or for a Member State, apply only to nuclear weapons which are not under the control of Member States of this Treaty or which are not being developed or produced on behalf of such States.

§ 17 Prohibition of nuclear weapons

(1) Notwithstanding § 16, it is prohibited, 1. develop, manufacture, trade in, acquire from or transfer to another, import, export, transit through, or otherwise transfer into or out of federal territory, or otherwise exercise effective control over nuclear weapons, 1a. to induce another to commit an act referred to in number 1, or - 2. Promote an act described in number 1.

(2) For the purposes of paragraph 1, nuclear weapons are 1. Weapons of any kind that contain, or are specifically designed to contain or use, nuclear fuel or radioactive isotopes and are capable of causing mass destruction, mass damage or mass poisoning 2. Parts, devices, assemblies or substances specifically intended for a weapon referred to in item 1. The definition of nuclear weapons shall also be subject to the second sentence of the introduction and to Section I(c) of Annex II to Protocol III of the Revised Brussels Treaty of 23 October 1954.

Fourth section - Special provisions for biological and chemical weapons and for anti-personnel mines and cluster munitions

§ 18 Prohibition of biological and chemical weapons

It is forbidden, 1. develop, manufacture, trade in, acquire from or transfer to another, import, export, transfer through the territory of another, or use biological or chemical weapons. carry out or otherwise transfer into or out of the Federal territory, or otherwise exercise effective control over them, or 1a. to induce another to commit an act referred to in number 1, or 2. Promote an act described in number 1.

§ 18a Ban on anti-personnel mines and cluster munitions

(1) It is forbidden, 1. Use, develop, manufacture, trade in, acquire from or transfer to another, import, export, transit through, or otherwise transfer into or out of federal territory, or otherwise exercise actual control over, in particular transport, store, or retain, antipersonnel mines or cluster munitions, 2. to induce another to commit an act referred to in number 1, or 3. Promote an act described in number 1.

(2) Anti-personnel mines shall be as defined in Article 2 of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction of 3 December 1997. The definition of cluster munitions in Article 2(2) of the Convention on Cluster Munitions of 3 December 2008 shall apply.

(3) Paragraph 1 shall not apply to acts permitted under the provisions of the conventions referred to in paragraph 2.

Fifth section - Penalty and fine regulations

§ 19 Criminal provisions against nuclear weapons

(1) A penalty of imprisonment of one year to five years shall be imposed on anyone who 1. develops, manufactures, trades in, acquires from or transfers to another, imports, exports, transits through or otherwise transfers into or out of the territory of the Federal Republic of Germany nuclear weapons within the meaning of Section 17, paragraph 2, or otherwise exercises actual control over them, 1a. induces another to commit an act referred to in number 1, or - 2. promotes an act designated in number 1.

(2) A penalty of imprisonment of not less than two years shall be imposed on anyone who 1. commits an act referred to in paragraph 1 on a commercial basis or as a member of a gang which has formed an association for the purpose of continuously committing such offenses, with the collaboration of another gang member, or 2. by an act referred to in paragraph 1 a) the security of the Federal Republic of Germany, b) the peaceful coexistence of peoples or c) significantly jeopardizes the foreign relations of the Federal Republic of Germany.

(3) In less serious cases 1. of paragraph 1, the penalty shall be imprisonment for not more than three years or a fine, and 2. of paragraph 2 imprisonment from three months to five years.

(4) If the offender acts negligently in the cases referred to in paragraph 1, item 1, or recklessly in the cases referred to in paragraph 1, item 1a or 2, the penalty shall be imprisonment for not more than two years or a fine.

(5) Who in the cases 1. of paragraph 2 No. 2 negligently causes the danger or 2. of paragraph 2 No. 2 in conjunction with paragraph 1 No. 1 acts negligently or in conjunction with paragraph 1 No. 1a or 2 acts recklessly and causes the danger negligently, shall be punishable by a term of imprisonment of up to three years or a fine.

(6) Paragraphs 1 through 5 do not apply to an act that is 1. for the destruction of nuclear weapons by the agencies responsible for this purpose, or 2. is suitable and intended for protection against or defense against effects of nuclear weapons.

§ 20 Criminal provisions against biological and chemical weapons

(1) A penalty of imprisonment of not less than two years shall be imposed on anyone who 1. develops, manufactures, trades in, acquires from or transfers to another, imports, exports, transits through, or otherwise transfers into or out of federal territory, or otherwise exercises actual control over biological or chemical weapons, 1a. induces another to commit an act referred to in number 1, or 2. promotes an act designated in number 1.

(2) In less serious cases, the penalty is imprisonment from three months to five years.

(3) If the offender acts negligently in the cases referred to in paragraph 1, item 1, or recklessly in the cases referred to in paragraph 1, item 1a or 2, the penalty shall be imprisonment for not more than three years or a fine.

(4) Paragraphs 1 through 3 do not apply to an act that is 1. for the destruction of chemical weapons by the agencies responsible for this purpose, or 2. is suitable and intended for protection against or defense against effects of biological or chemical weapons.

§ 20a Criminal Provisions Against Anti-Personnel Mines and Cluster Munitions

(1) A penalty of imprisonment of one year to five years shall be imposed on anyone who 1. contrary to Section 18a, uses, develops, manufactures, trades in, acquires from or transfers to another, imports, exports, transits through or otherwise transfers into or out of the territory of the Federal Republic of Germany anti-personnel mines or cluster munitions or otherwise exercises actual control over them, in particular transports, stores or retains them, 2. induces another to commit an act referred to in number 1, or 3. promotes an act designated in number 1.

(2) In particularly serious cases, the penalty is imprisonment for not less than one year. As a rule, a particularly serious case exists if 1. the perpetrator acts commercially in the cases referred to in paragraph 1, or 2. the act referred to in paragraph 1 relates to a large number of anti-personnel mines or cluster munitions.

(3) In less serious cases referred to in paragraph 1, the penalty shall be imprisonment from three months to three years.

(4) If the offender acts negligently in the cases referred to in paragraph 1, item 1, or recklessly in the cases referred to in paragraph 1, items 2 or 3, the penalty shall be imprisonment for up to three years or a fine.

§ 21 Offenses outside the scope of this Act

§ 19 (2) No. 2, (3) No. 2, (5) and (6), § 20 and § 20a shall also apply to acts committed outside the area of application of these provisions, irrespective of the law of the place of the offence, if the offender is German.

§ 22 Exceptions

Sections 18, 20, and 21 do not apply to a chemical weapons-related official act 1. of the member or civilian manpower of a force or civilian entourage within the meaning of the Agreement between the Parties to the North Atlantic Treaty concerning the Status of their Forces of June 19, 1951 or 2. of a German in staffs or institutions formed under the North Atlantic Treaty of April 4, 1949.

§ 22a Other penal provisions

(1) A penalty of imprisonment of one year to five years shall be imposed on anyone who 1. manufactures war weapons without a permit in accordance with Section 2(1), 2. acquires actual power over weapons of war from another person or transfers such power to another person without a permit pursuant to Section 2, Paragraph 2, 3. has war weapons transported or transports them himself within the territory of the Federal Republic of Germany outside a closed area without a permit in accordance with Section 3 (1) or (2); this does not apply to self-transportation in cases of § Section 12(6)(1) and for holders of a war weapons permit under Section 59(4) of the Weapons Act 1972 in the course of removal operations by the permit holder, 4. imports, exports, transits through or takes out of the Federal territory war weapons without having been authorized to carry them, 5. intentionally or knowingly transports weapons of war without a permit in accordance with § 4, which are loaded and unloaded outside the federal territory and which are not carried through the federal territory, with seagoing vessels flying the federal flag or with aircraft registered in the aircraft register of the Federal Republic of Germany, 6. otherwise exercises actual power over weapons of war, without the a) the acquisition of actual power is based on a permit under this Act, or b) a report has been filed in accordance with Section 12 (6) No. 1 or Section 26a, or - 7. procures or demonstrates an opportunity to procure or enter into a contract of acquisition or transfer without authorization under section 4a(1) or enters into a contract without authorization under section 4a(2).

(2) In particularly serious cases, the penalty shall be imprisonment from one year to ten years. As a rule, a particularly serious case shall be deemed to exist if, in the cases referred to in paragraph 1 nos. 1 to 4, 6 or 7, the offender acts for gain or as a member of a gang which has joined forces to commit such offences on a continuing basis, with the collaboration of another gang member.

(3) In less serious cases, the penalty is imprisonment for up to three years or a fine.

(4) Any person who negligently commits an act referred to in paragraph 1, numbers 1 to 4, 6 or number 7 shall be punished by imprisonment for not more than two years or a fine. (5) Pursuant to paragraph 1, nos. 3 or 4, a person shall not be punished who has voluntarily and without delay handed over war weapons that he has imported or otherwise brought into the territory of the Federal Republic to a supervisory authority, to the Federal Armed Forces or to an authority or service responsible for maintaining public security. If the war weapons come into the actual control of one of the authorities or agencies mentioned in sentence 1 without the intervention of the person who has imported or otherwise brought them into the federal territory, his voluntary and serious effort to surrender the war weapons shall suffice.

§ 22b Violation of regulatory requirements

(1) It is a misdemeanor to intentionally or negligently 1. fails to comply with a requirement under Section 10(1), or fails to comply with such requirement fully or in a timely manner, 2. fails to keep, or keeps incorrectly or incompletely, the war weapons record book in accordance with Section 12 (2), 3. fails to submit a report in accordance with Section 12 (5) or to submit a notification in accordance with Section 12 (6), or does so incorrectly, incompletely or late, or, in the cases specified in Section 12 (6) No. 1, transports war weapons within the territory of the Federal Republic of Germany without a license in accordance with Section 3 (2) or fails to comply with a requirement in accordance with Section 12 (6) Sentence 4 or 5, 3a. contravenes a statutory order issued in accordance with Section 12a (1) or Section 13a insofar as it refers to this fine provision for a specific offense, 4. information pursuant to Section 14 (5) is not provided, is provided incorrectly, is incomplete or is not provided in a timely manner, 5. fails to submit operating records and other documents, or fails to submit them in full or in good time, contrary to Section 14 (5), 6. violates the obligation under Section 14 (5) to tolerate the entry of premises and land, 7. as the holder of a permit under section 59(4) of the Weapons Act 1972, transports war weapons himself outside a pacified possession without a permit under section 3(2).

(2) The administrative offense may be punished by a fine of up to five thousand euros.

(3) It is also an administrative offense for anyone who, contrary to Section 12 (3), intentionally or negligently fails to hand over a copy of the authorization document when handing over war weapons for transport or who, contrary to Section 12 (4), fails to carry a copy of the authorization document during transport. The administrative offence may be punished by a fine.

§ 23 Administrative authorities

The Federal Ministry for Economic Affairs and Energy, the Federal Ministry of Transport and Digital Infrastructure and the Federal Ministry of Finance, insofar as they are responsible for monitoring pursuant to Section 14 (1) and (2), shall at the same time be administrative authorities within the meaning of Section 36 (1) no. 1 of the German Administrative Offences Act. § Section 36 (3) of the Administrative Offences Act shall apply mutatis mutandis.

§ 24 Confiscation

(1) War weapons to which an offence under Sections 19, 20, 21 or 22a relates may be confiscated for the benefit of the Federation; Section 74a of the Criminal Code shall apply. They shall also be confiscated without the requirements of Section 74(3), first sentence, of the Criminal Code if the welfare of the Federal Republic of Germany so requires; this shall also apply if the offender has acted without guilt.

(2) The obligation to compensate pursuant to Section 74b (2) and (3) of the Criminal Code shall be incumbent on the Federal Government.

(3) (omitted)

§ 25

(omitted)

Sixth section - Transitional and final provisions

§ 26 Permits issued prior to the entry into force of the Act

Permits issued in the preliminary approval procedure on the basis of Article 26(2) of the Basic Law shall be deemed to have been issued in accordance with this Act.

§ 26a Notification of the exercise of actual power

Any person who, on the date on which accession takes effect, exercises actual power over war weapons in the territory referred to in Article 3 of the Unification Treaty which he has previously acquired shall notify the Federal Office of Economics and Export Control (BAFA) thereof within two months of the date on which accession takes effect, stating the type of weapon, number of units, weapon number or other identification, unless he has been exempted from the licensing requirement for the acquisition of actual power or has been instructed to do so in accordance with Section 26b. After the expiry of this period, actual power may no longer be exercised over war weapons that are subject to declaration but have not been declared.

§ 26b Transitional Provisions for the Territory referred to in Article 3 of the Unification Treaty

(1) An act which has been commenced or is contemplated in the territory referred to in Article 3 of the Unification Treaty before the date on which accession takes effect and which cannot be postponed and which requires approval under this Act may be provisionally approved. In such cases, the required approval shall be applied for within one month after the provisional approval has been granted. If the approval is refused, the applicant may be granted appropriate compensation by analogous application of § 9 if it would be an undue hardship to refuse compensation, also in view of a trust in the previous legal situation that is worthy of protection.

(2) For agreements under international law of the German Democratic Republic, insofar as they have as their object the delivery or maintenance of war weapons, the following shall apply in derogation of § 27: 1. Insofar as, prior to the effective date of accession, governmental orders for manufacture or for export to or for import from member states of the Warsaw Treaty have been issued for the year 1990, the acts necessary for the implementation of such orders and requiring approval pursuant to § 2 or § 3 shall be deemed to have been approved. 2. In the case of instructions within the meaning of paragraph 1 with respect to States which are not member States of the Warsaw Treaty, acts requiring authorization but which cannot be postponed may be provisionally authorized; paragraph 1, sentences 2 and 3 shall apply mutatis mutandis.

(3) In the event that the German Democratic Republic enacts a law bringing this Act into force, the Federal Ministry for Economic Affairs and Energy shall be authorized to amend the provisions of paragraphs 1 and 2 and of Section 26a by ordinance without the consent of the Bundesrat in such a way that their objectives are achieved taking into account the new legal situation.

§ 27 Intergovernmental treaties

Obligations of the Federal Republic on the basis of intergovernmental treaties shall remain unaffected. In this respect, the approvals required under Article 26 (2) of the Basic Law and the approvals required under this Act shall be deemed to have been granted.

§ 28 Fees

In a Special Ordinance on Fees issued by the Federal Ministry for Economic Affairs and Energy pursuant to Section 22 (4) of the Federal Fees Act, the following shall apply to individually attributable public services provided by the Federal Ministry - for Economic Affairs and Energy and the Federal Office of Economics and Export Control under this Act or the statutory instruments issued on the basis of this Act to regulate fees from January 1, 2023.

§ 29 Entry into force

(Entry into force)

Annex (to § 1 para. 1) War Weapons List