News on export control: Accelerated licensing procedures – 5th package of measures came into force on 1 February 2026

The measures aim to accelerate licensing procedures for the export of military equipment and dual-use goods and to adapt them to existing security policy challenges. To this end, existing AGGs are being expanded (No. 13 and No. 17 for the dual-use sector and No. 21, No. 24, and No. 28 for the military sector) and new AGGs are being introduced (No. 45 and No. 46 for the military sector). AGGs are general export licenses for non-critical but licensable goods and can be used by exporters without having to apply to the BAFA for an individual export license. This allows the BAFA and exporters to focus their control resources on complex, critical exports.

In the dual-use sector, AGGs No. 13 and No. 17 authorize exports of a wide range of dual-use goods to numerous third countries. However, the authorization is generally excluded if the exporter is aware at the time of export that the goods to be delivered are to be used for nuclear, military, or carrier systems (including missile technology) purposes. The fifth package of measures has a twofold effect in this regard: On the one hand, the range of approved dual-use goods in AGG No. 17 is expanded to include certain continuous wave lasers ("CW lasers"). Second, AGG No. 13 now clarifies that the aforementioned exclusion does not apply to certain goods if a qualified end use is known. Consequently, on the basis of AGG No. 13 alone, the export of certain dual-use goods remains permitted even if the exporter is aware of the aforementioned end-use purposes. The amended AGG No. 13 applies (only) until 31 March 2026, while AGG No. 17 remains valid until 31 March 2027.

In the military field, AGG Nos. 21, 24, 28, 45, and 46 authorize the export of certain military equipment to specific third countries or their transfer within the EU. AGG No. 21, for example, authorizes the export and transfer of protective equipment to certain countries. As a result of the 5th package of measures, goods used for the detection or identification of chemical and biological agents and nuclear-related radiation are no longer excluded from the scope of AGG No. 21. AGG No. 21 is limited in time to 31 March 2026.

The amendments to AGG No. 24 and No. 28 allow the export and transfer of military equipment to additional countries. For example, the range of destinations for temporary exports and transfers has been expanded by an amendment to AGG No. 24. In addition, the United Kingdom of Great Britain and Northern Ireland has now been included in AGG No. 28 as an authorized destination for the export and transfer of military equipment.

AGG No. 45 and No. 46 are entirely new General Export Authorizations and cover the export and transfer of software and technology that qualify as military equipment. AGG No. 45 regulates the transfer and data storage of certain software and technology on servers located in the EU. This facilitates cloud use for the exchange of software and technology, but only if the server is located in the EU and access to the software or technology is restricted to intra-group users. AGG No. 46 covers the export and transfer of software and technology within the framework of the European Defense Fund ("EDF"). AGG No. 46 facilitates European defense cooperation, as participants in an EDF project no longer have to obtain an individual export license each time, but can make use of the general AGG No. 46. To do so, EDF project participants only need to submit a "declaration of end use" or, alternatively, sign a specific grant agreement containing an unlimited-in-time "re-export reservation." The modified AGG No. 21 and No. 24 apply until 31 March 2026, the likewise modified AGG No. 28, as well as the newly created AGG No. 45 and No. 46 until 31 March 2027.

Overall, the 5th package of measures meets its intended objectives. In the area of European joint projects in particular, the package of measures promises accelerated approval procedures with reduced administrative effort. This will enable the German government to strengthen its own defense industry. However, despite some clarifications that have been included, the classification of the respective export goods and the clarification of the applicability of the AGG remain complex for exporters and legal practitioners. The new AGG should therefore be integrated into the existing compliance system in a timely manner and reviewed to determine the extent to which they can be used by the undertaking itself.