Defence in Arms Embargo and Military Goods Cases in Germany

By Dr. Julius Hagen, Attorney-at-Law

What section 17 AWG means in practice

Section 17 AWG addresses the most serious embargo constellations under German foreign trade criminal law. Its core focus is on arms embargoes and military goods. These cases do not affect only traditional defence companies. They may also involve traders, suppliers, brokers, logistics personnel, directors, and individuals responsible for classification, approvals, or export-control decisions.

Military goods and arms embargoes

Whether a matter truly falls under section 17 AWG rarely depends on a label alone. It often turns on the precise legal and technical classification of the goods, including their status under the German export list or the military goods list, as well as the product description, technical specifications, recipient, destination, end use, and the overall structure of the transaction. In practice, the line between listed military goods, other controlled items, and non-listed products is often the central point of dispute.

These cases often go beyond the shipment itself

Section 17 matters do not arise only from visible exports. Trading activity, brokering, multi-layer supply chains, intermediary structures, end-use documentation, re-export exposure, and cross-border project arrangements often play a central role.

Intent, recklessness, licences, and inaccurate information

Section 17 AWG cases are not limited to openly intentional misconduct. In practice, a central issue is often whether the authorities allege intent or at least recklessness. The analysis then turns on what the individual actually knew, who had which review responsibilities, how technical information moved through the organisation, and whether personal responsibility can really be established in the way the authorities claim.

Constellations involving licences, approvals, classifications, or communications with the authorities on military goods or embargo issues are especially sensitive. The key question is whether the underlying facts were presented fully and accurately, what the actual scope of any approval was, and whether it truly covered the transaction in question.

Experience in sensitive embargo and export-control investigations

We represent companies, directors, and individuals in complex foreign trade criminal matters involving arms embargoes, military goods, export-control exposure, customs measures, and cross-border crisis situations.

Our work includes assessing the allegation, analysing the goods classification, reconstructing decision chains and supply structures, managing communications with authorities, and developing a defence strategy that protects both legal and commercial interests.