Germany

Legal Basis

Crisis or armed conflict time
SoS in state of tension & state of defence in accordance with Art. 80 a GG (constitution). The following laws authorize especially to issue ordinances.

1. Arbeitssicherstellungsgesetz (Emergency Labor Control Act, 09.07.1968) - regulates commitments and restrictions in working conditions.
2. Verkehrssicherstellungsgesetze (Emergency Transport Control Act, 08.10.1968 & Emergency Transport Services Act, 23.07.2004) - garanties traffic & public transportation for defence purposes.
3. Ernährungssicherstellungsgesetz (Emergency Food Control Act, 04.10.1968) - supply of military and civilian consumers with agricultural products.
4. Wirtschaftssicherstellungsgesetz (Emergency Economic Control Act, 03.10.1968) - supply of military and civilian consumers with goods and services and with cash and credit
5. Post- und Telekommunikationssicherstellungsgesetz (Emergency Postal Service & Telecommunication Control Act, 14.09.1994) - sufficiant supply with postal service and telecommunications.
6. Energiesicherstellungsgesetz (Emergency Energy Supply Act, 20.12.1974) - provision of energy supplies in times of endangered or disrupted imports of petroleum.
7. Kraftstoffbevoratungsgesetz (Petroleum Stockpiling Act, 25.07.1978) - stockpiling of petrol.
8. Wassersicherstellungsgesetz (Emergency Water Control Act, 24.08.1965) - regulates water supply and distribution.
9. Bundesleistungsgesetz (Federal Requisition Act, 19.10.1956) – legal basis for requests for material requirements for mobilization of armed forces and safeguarding of property for the purpoise of deployment.
Urgent reasons (i.e. operational reasons)
None.
Mergers-Acquisitions
No legislation.
Foreign investments
1. Außenwirtschaftsgesetz (AWG) (Foreign Trade &Payments Act)

2. Außenwirtschaftsverordnung (AWV) (Foreign Trade & Payments Regulation)

Section 52 of the Foreign Trade and Payments Regulation (“Außenwirtschaftsver-ordnung – AWV”) is applicable to acquisitions of resident companies conducting business in the highly sensitive area of defence and security (production and development of war weapons, specially designed motors or gears for combat tanks or other armoured military tracked vehicles, or certain cryptographic systems) by a non-resident company.

In accordance with Section 52 AWV, an examination is only conducted, provided that the transaction results in the non-resident purchaser obtaining at least 25% of the voting rights in the company. The threshold value makes authorisation mandatory. Within one month the Federal Ministry of Economics and Technology may prohibit the acquisition or issue orders where necessary in order to safeguard vital security interests of the Federal Republic of Germany. In this regard, industrial policy aspects are of no relevance. Until now there have been no interdictions.
Export licenses
No SoS regulations in export licenses.
Codes/Regulations involving Defence Industry
Section 14 Außenwirtschaftsgesetz (AWG) (Foreign Trade &Payments Act).
Other?

Objectives of the national SoS policy

Key objective is the insurance that industrial resources needed to meet critical and urgent defense requirements are provided in a timely, effective an efficient manner.

National bodies involved and areas of responsibilities

The German Parliament has to state times of tension or times of defence. Disruptions of the supply in crisis times are stated by the German Government. Dependent on this, the federal ministry, which is responsible for the relevant sector, decides about the application of the relevant provisions. The ministries are assisted by the relevant ministries and agencies in the Federal States.

The role of SoS in Procurement procedures (requirements, evaluation etc.)

There are no specific legal regulations.

Contractual terms on SoS

There are no specific clauses foreseen in defence procurement contracts.

National policy on sharing information on stocks/inventories

In principle, stockpiling is a national responsibility. Germany is applying the NATO policy and principles laid down in MC 55/4 (NR) as minimum requirements.

For Fuel the NATO Pipeline system is used as a common storage means.

There are specific regulations for different weapon systems.

Furthermore Germany is part of the Common Use Item System (CUIS). CUIS is a combine of 9 European Nations and comprises almost 400 000 items. Generally one nation borrows a shortage item to another nation until this nation has obtained a replacement.

Common Item Material Management (COMMIT) is also a combine of different nations to buy items.

Worldwide Warehouse Redistribution Service is a possibility to sell or buy items which were weeded out.

Within the signature countries of the LEOBEN treaty a common requirement analysis and procurement is taking place.

Concerning the exchange of stocks with other nations except for common projects, the NATO STANAG 2034 is used, but only in emergency cases and not as a substitute for national stockpiling.

No regulations are known concerning government owned stocks.

Germany as a member of NAMSO/NAMSA takes part of several Weapon System Partnerships (WSP).

Existing Bi/Multi-lateral SoS agreements

Many bilateral armament agreements include regulations concerning Security of Supply. The main group of these agreements consists of In Service Support (ISS) Agreements that use to contain regulations concerning materiel support, maintenance, repair and technical support services.

Some ISS Agreements include the commitment of each participant to assist the other participants during their negotiation with national industry to obtain goods and services on the same conditions as it would apply to the own forces.

SoS Experts contact info

Mechthild Kürten
BMVg - Rü II 2
Rechtsangelegenheiten der Rüstung; Rüstungsexport u.
Kriegswaffenkontrolle; Wirtschaftsschutz; Geheimschutz in der Wirtschaft
Telephone: +49 228/ 12 - 56 04/ 55 46
Fax: +49 228/ 12 - 18 04
E-Mail: BMVgRueII2@BMVg.Bund.DE