Sanctions. Germany applies and enforces both EU financial and EU economic sanctions.  EU sanctions are adopted by the Council of the European Union, typically acting unanimously on proposals by the High Representative, and are issued as EU regulations that are directly applicable in all EU Member States, including in Germany (see also the chapters of the EU, France and Italy).

Export controls. Germany’s export control framework, like that of other EU Member States, reflects a close interplay between EU and national law, whereas Germany-specific particularities remain.  At the EU level, key instruments include the EU Dual-Use Regulation and the EU Common Military List, along with additional control measures introduced as part of EU sanctions packages.  At the national level, Germany implements and enforces export controls through the Foreign Trade and Payments Act and the Foreign Trade and Payments Ordinance.

Enforcement and penalties. Violations of EU sanctions and/or German foreign trade law (including export controls) can lead to criminal and administrative liability.  Intentional violations constitute criminal offenses.  Negligent violations currently only trigger administrative liability, whereas this may change in the soon future due to an ongoing overhaul triggered by harmonization efforts by the EU.  As a general matter, under German law, only individuals can be convicted of crimes; companies cannot be criminally convicted.  Nevertheless, where individuals offend in the course of their corporate roles, the company may face significant consequences.  In particular, where an offense is committed by a director or officer, or where management fails to implement adequate compliance controls, authorities may impose administrative fines on the company and its senior management and may order disgorgement of any economic benefits derived from the violation.