Citation(s) from the GunPolicy.org literature library

Germany. 2010 ‘Brokering.’ National Report of Germany on its Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA); Section 2.7.1.1. New York, NY: Permanent Mission of Germany to the United Nations. 22 February

Relevant contents

Brokering

Licenses, Registration and Reporting:

Physical transactions concerning war weapons located in Germany, including all physical transactions which are preceded by relevant brokering activities, are subject to, and covered by, licensing according to the War Weapons Control Act.

All physical transactions of war weapons located in Germany are covered by this licensing system. Thus, all brokering activities relating to war weapons located in Germany which result in a physical transaction are covered by this licensing system.

However, as this licensing system did not cover - neither directly nor indirectly - brokering activities relating to war weapons located outside Germany, two new provisions - section 4a and section 40 - were inserted in the War Weapons Control Act and in the Foreign Trade and Payments Regulation respectively, covering all SALW. According to these provisions, the following activities are subject to licensing:

-mediating a contract on the acquisition or transfer of war weapons and other military equipment located outside German territory or showing that an opportunity exists for concluding such a contract; or
-concluding a contract on the transfer of war weapons and other military equipment located outside German territory….

The German law on arms brokering is based on a territorial link, i.e. it is not applicable in cases without any linkage to German territory (unless the broker is a German national located in Germany). Thus, at least one element in the chain of brokering activities has to have ties with the German territory. This means that brokering activities normally fall under German jurisdiction if one or more of the following activities take place in Germany: meeting for negotiations between the interested contract parties with the participation of the broker in question or making use of German telecommunication resources, e.g. by making telephone calls or mailing facsimiles or letters from Germany or by sending emails which are forwarded over a server located in Germany. When German citizens located in Germany engage into brokering abroad without linkage to the German territory this constitutes, however, a license requirement…

There is no specific requirement for international brokers in Germany to be registered. However, since international brokers need to file an application for each of their brokering activities according to the rules explained above, authorities have good knowledge of who is currently active as an international broker. There is no reporting requirement for international brokers in Germany.

[SALW = small arms and light weapons]

ID: Q1702

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