As export control laws are becoming increasingly complex, the institute of the voluntary self-disclosure has become particularly important. National export control law expressly regulates the possibility of voluntary self-disclosure that exempts from prosecution (Sec. 22 (4) of German Foreign Trade and Payments Act – AWG). However, the application of this provision is limited, since the exemption from punishment only applies to certain misconduct under foreign trade law. Thus, the question arises as to whether companies should also voluntarily report other export control violations that are not covered by this provision. To do this, the companies, in particular the management board of the company, must know exactly the advantages and disadvantages associated with a disclosure. If the decision to disclose has been made within the company, appropriate preparations and accompanying measures must be taken.
Content:
• Concept and content of Section 22 (4) AWG
• When and how to disclose export control violatons outside the scope of Section 22 (4) AWG
• Prerequisites for a voluntary self-disclosure
• What do companies have to consider before making a voluntary self-disclosure?
• Which preparatory measures have to be taken?
