2016年德国军事装备出口报告（英文）_88页

2016 Military Equipment Export Report Summary

Introduction

The Federal Government of Germany published its 2016 Military Equipment Export Report to provide the Bundestag and public with a comprehensive overview of its export policy on conventional military equipment. The report highlights the legal and political frameworks governing the export process, the criteria used for issuing export licenses, and the actual exports of war weapons in the reference year. It also emphasizes the importance of transparency and responsible decision-making in the context of international security and human rights.

Core Content of the Report

1. Restrictive and Transparent Export Policy

• Germany follows a restrictive and responsible approach to military equipment exports.
• Export decisions are made on a case-by-case basis, considering foreign and security policy aspects.
• Human rights are a key factor in the decision-making process. Licences are generally not issued if there is a sufficient suspicion of misuse for internal repression or human rights violations.
• The Federal Government adheres to the War Weapons Control Act, Foreign Trade and Payments Act, Foreign Trade and Payments Ordinance, Political Principles (2000), EU Common Position (2008), and the Arms Trade Treaty (ATT).

2. Strict Regulation of Small Arms and Post-Shipment Controls

• Small arms and light weapons are of particular concern due to their high impact on human casualties in conflicts.
• The Small Arms Principles (tightened in 2015) guide the licensing of small arms exports, aiming to reduce the spread of such weapons.
• Post-shipment controls are applied to monitor the use of military equipment after export.
• The first on-the-spot controls are planned for the end of 2017, with preparations ongoing through regulatory changes and increased resources.

3. Licensing Figures for 2016

• Individual export licenses worth €6.85 billion were issued in 2016 (down from €7.86 billion in 2015).
• 46.4% of the licenses went to EU/NATO and NATO-equivalent countries.
• €3.67 billion in licenses were issued for third countries, driven by a few large contracts, such as:
  • A frigate for the Algerian navy (over 25% of third-country license value)
  • Civilian multipurpose helicopters for Saudi Arabia (including military equipment)
  • Submarine for the Egyptian navy
• Small arms licenses totaled €46.9 million, with an increase of €15 million compared to 2015.
• €16.4 million in small arms licenses were issued to third countries, including €2.8 million to Iraq for counter-IS operations.

Key Legal and Policy Frameworks

1. German Export Control System

• Governed by the Basic Law, War Weapons Control Act, Foreign Trade and Payments Act, and Ordinance.
• The Export List (EL) defines the types of military equipment, with 22 positions and subdivisions.
• War weapons are covered in 62 positions of the War Weapons List and require dual licensing (under both the War Weapons Control Act and the Foreign Trade and Payments Ordinance).
• Non-war weapons (other military equipment) require only the Foreign Trade and Payments Act and Ordinance for licensing.

2. International Context and Policies

• Germany is committed to disarmament agreements, arms embargoes, and international cooperation.
• It supports the Common Foreign and Security Policy (CFSP) of the EU and the Wassenaar Arrangement.
• Germany advocates for the Arms Trade Treaty (ATT) and the "New for old" principle, as well as "New, destroy when discarded".
• The report highlights Germany’s role in enhancing regional stability through the Enable & Enhance Initiative, which supports partners in crisis management and security.

Export Licensing and Policy Considerations

• The Federal Security Council is involved in major export decisions, especially for politically sensitive projects.
• Collective export licenses worth €58.7 million were issued in 2016, primarily for EU/NATO cooperation.
• These licenses are used for temporary and final exports, covering industrial cooperation and equipment movements for maintenance and repair.
• The total value of collective licenses fluctuates significantly due to the long-term nature of projects and the possibility of extensions up to 10 years.

Summary of Export Trends

• Germany’s military equipment exports declined by 36% between 2012–2016 compared to 2007–2011.
• Its global share dropped from 9.4% to 5.6%.
• Despite the decline, Germany remains a major exporter, with United States, Algeria, Saudi Arabia, and Egypt being the top destinations in terms of license value.

Conclusion

The report underscores Germany’s commitment to responsible and transparent military equipment exports, aligning with international standards and human rights considerations. It also highlights the importance of legal and political frameworks in shaping export decisions and the ongoing efforts to enhance control mechanisms and international cooperation. The Enable & Enhance Initiative and post-shipment controls are central to Germany’s strategy of promoting security and stability in its foreign policy.