1 Working Translation Foreign Trade and Payments Act ... - Bafa

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used for capital punishment, torture or other cruel, inhuman or degrading treatment or
punishment (OJ L 134 of 30 July 2005, p. 1, L 79 of 16 March 2006, p. 32), most
recently amended by Regulation (EU) No. 1352/2011 (OJ L 338 of 21 December 2011,
p. 31) by
1. exporting goods cited in Article 3(1) sentence 1 in violation of that provision,
2. supplying technical assistance related to goods cited in Article 3(1) sentence 2 in
violation of that provision,
3. importing goods cited in Article 4(1) sentence 1 in violation of that provision,
4. accepting technical assistance related to goods cited in Article 4(1) sentence 2 in
violation of that provision or
5. exporting goods cited in Article 5 without a licence pursuant to that provision.
To the extent that the provisions cited in sentence 1 refer to Annex II or Annex III of
Regulation (EC) No. 1236/2005, these Annexes shall apply in their relevant latest
versions.
(5) The same punishment shall be imposed on anyone who violates Council Regulation
(EC) No. 428/2009 of 5 May 2009 setting up a Community regime for the control of
exports, transfer, brokering and transit of dual-use items (OJ L 134 of 29 May 2009, p. 1,
L 224 of 27 August 2009, p. 21) by
1. exporting dual-use goods without a licence pursuant to Article 3(1) or Article 4(1),
(2) sentence 1 or (3),
2. exporting goods without a decision by the competent authority on whether a
licence is required or without obtaining an licence from the competent authority in
violation of Article 4(4) second half-sentence,
3. providing a brokering service without an authorisation pursuant to Article 5(1)
sentence 1 or
4. providing a brokering service without a decision by the competent authority on
whether authorisation is necessary or without obtaining an authorisation from the
competent authority in violation of Article 5(1) sentence 2 second half-sentence.
To the extent that the provisions cited in sentence 1 refer to Annex I of Regulation (EC)
No. 428/2009, this Annex shall apply in the relevant latest version. In the cases of
sentence 1 no. 2, the exporter shall be equivalent to a person who undertakes the