Applying for authorization to manufacture and place war weapons on the market

Source: BUS Rheinland-Pfalz

The handling of weapons of war is subject to state supervision. Weapons intended for warfare may only be manufactured and purchased with the approval of the federal government. You also require a license to place weapons on the market - i.e. if you transfer actual control of war weapons to others. The acquisition of war weapons is also subject to authorization.

You can submit an individual application or apply for a permanent permit for a specific period of time. A permanent permit can be issued without restriction to a specific quantity.

You are not entitled to be granted a permit. You must be able to demonstrate a public interest. Permits for the private use of war weapons, for example for collections or sport shooters, are not issued.

Which armaments are war weapons can be found in the so-called War Weapons List as an annex to the War Weapons Control Act.

War weapons include, for example

Combat aircraft,
tanks,
fully automatic small arms or
warships.

You can also use the same form to apply for domestic and foreign transportation as well as foreign transactions.

Different offices are responsible for your request depending on the area:

for the Bundeswehr: Federal Ministry of Defense (BMVg)
for the customs administration: Federal Ministry of Finance (BMF)
for authorities responsible for maintaining public safety (e.g. police authorities): Federal Ministry of the Interior and for Home Affairs (BMI)
for all other areas: Federal Ministry of Economics and Climate Protection (BMWK)

You can apply for a license to manufacture or place war weapons on the market online or by post.

Online application:

Call up the online application on the federal portal. This will guide you step by step through the necessary information, which you can enter electronically.
Upload the required documents as a file (in the file formats PDF, JPEG, PNG, maximum 10 megabytes per file) and send the application.
The relevant licensing authority will check your application and may request further documents or evidence from you.
You will receive a notice of approval or rejection from the responsible approval authority.

Application by post:

You send your application together with the necessary documents or evidence informally to the responsible authority.
Your application for the manufacture of war weapons must contain the following information:
- Name and address of the applicant
- Name and address of the purchaser
- Name and address of the client
- Designation of the war weapons
- War weapons list number
- Quantity or weight
- Purpose of manufacture
- Final destination of the war weapons

Your application for a transfer license to others must contain the following information:
- Name and address of the applicant
- Name and address of the acquirer to whom the applicant intends to transfer actual control
- Name and address of the manufacturer
- Designation of the war weapons
- Number of the war weapons list
- Quantity or weight
- Purpose of the transfer

Your application for a purchase permit must contain the following information:
- Name and address of the applicant
- Name and address of the person from whom you wish to acquire actual power
- Name and address of the principal
- Name and address of the manufacturer
- Designation of the war weapons
- War weapons list number
- Quantity or weight
- Purpose of the acquisition
- Final destination of the war weapons

Please state in your applications whether the following persons are Germans within the meaning of Article 116 of the Basic Law and have their domicile or habitual residence in the Federal Republic of Germany:
- the applicant or his or her legal representative
- in the case of legal entities: the authorized representative body or a member of such a body
- in the case of commercial partnerships: a partner authorized to represent the company
- the head of a business or part of a business of the applicant

The competent authority will check your application and, if necessary, request further documents or evidence from you.
You will receive a notice of approval or rejection from the Federal Ministry of Economics.

You have no right to the granting of a permit. This may be withheld in particular if:

there is reason to believe that the granting of a license would be contrary to the interests of the Federal Republic of Germany in maintaining good relations with other countries
the war weapons are used in a peace-disturbing act, in particular in a war of aggression
there is reason to believe that the granting of the license would violate the Federal Republic's obligations under international law or jeopardize their fulfillment
the following persons are not Germans within the meaning of Article 116 of the Basic Law and have their domicile or habitual residence in the Federal Republic of Germany or there is reason to assume that they do not possess the necessary reliability:
- the applicant or his/her legal representative
- in the case of legal entities: the authorized representative body or a member of such a body
- in the case of commercial partnerships: a partner authorized to represent the company
- the head of a company or part of a company of the applicant

The evidence and documents may vary depending on the specific case. You can find out which ones are required for your case from the responsible office.

As a rule, these certificates and documents are relevant:

the required permits, for example from the law on explosives or weapons
Proof that the permit is in the public, i.e. state, interest
Proof that security and confidentiality measures have been taken. In particular,
- to prevent the war weapons from being lost or used without authorization
- to prove that you comply with the legal regulations and official orders for the protection of objects, facts, findings or communications requiring secrecy
Proof that the following persons are Germans within the meaning of Article 116 of the Basic Law and have their domicile or habitual residence in Germany:
- the applicant or his/her legal representative
- for legal entities: the authorized representative body or a member of such a body
- in the case of commercial partnerships: a partner authorized to represent the company
- the head of a company or part of a company of the applicant
If you are submitting the application on behalf of another person or organization: Power of attorney

Fee: 37,00 EUR
Payment in advance: no
https://www.gesetze-im-internet.de/bmwkbgebkaiv/BJNR0F80A0023.html
Costs apply to the purchase permit pursuant to Section 2 (2) KrWaffKontrG, which serves to secure war weapons. Additional fees are incurred for the application. The Special Fees Ordinance of the Federal Ministry of Economics and Climate Protection (BMWK) is used to calculate the fees. For individually attributable public services in the area of responsibility of the BMWK and the Federal Office of Economics and Export Control, the BMWK and BAFA Special Fees Ordinance for War Weapons Control, Export Control and Investment Control - BMWKBGebKAIV applies.

Applying for authorization to manufacture and place war weapons on the market

Process flow

Requirements

Which documents are required?

What are the fees?

Processing duration

Legal basis

Applications / forms

What else should I know?

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