Citation(s) from the GunPolicy.org literature library

Germany. 2010 ‘Legislation, Regulations and Administrative Procedures.’ 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 2.2.1. New York, NY: Permanent Mission of Germany to the United Nations. 22 February

Relevant contents

Legislation, Regulations and Administrative Procedures

Relevant Statutory Instruments

Provisions concerning SALW to be used solely for military purposes are contained in
(i) the Basic Law, i.e. the Constitution of the Federal Republic of Germany
(ii) the Act Implementing Article 26(2) of the Basic Law (War Weapons Control Act)
(iii) the Foreign Trade and Payments Act in conjunction with the Foreign Trade and Payments Ordinance.

In addition, on January 19, 2000, the Federal Government adopted Political Principles Governing the Export of War Weapons and Other Military Equipment (hereinafter: "Political Principles") to provide the licensing agencies with guidelines for the scope of and limits to the discretion open to them. The Political Principles are reproduced as Annex A infra.

Article 26(2) of the Basic Law provides that "weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details will be regulated by a Federal Law."

This constitutional mandate has been put into federal legislation in the Act Implementing Article 26(2) of the Basic Law (War Weapons Control Act) of April 20, 1961, as amended.

[SALW = small arms and light weapons]

ID: Q1690

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