I. The role and scope of the German Foreign Economic Law
After the official establishment of the Federal Republic of Germany in 1949, the implementation of the social market economy as the guiding principle of the national economic policy. The so-called social market economy is essentially a capitalist market economy regulated by the state. Under the guidance of this economic policy, Germany has enacted a large number of economic regulations to reform, adjust and manage the national economy, and achieved remarkable results, making the Federal Republic of Germany one of the countries with the fastest economic development after the war.
Among the many economic laws and regulations, the most important and basic basis for managing foreign economic and trade activities is the Foreign Economic Law (AWG) promulgated by the federal government on September 1, 1961, and the foreign economy is also in force. Regulations (AWV).
In the more than 40 years since the implementation of the Foreign Economic Law, Germany has developed into the world's third largest economic power and the second largest trading power. In this process, the positive role played by the law is obvious. In recent years, with the continuous deepening of the integration process of the EU's unified large market, the management of the German government's foreign economic and trade affairs has gradually shifted to the European Commission and its subordinate institutions. As a member of the European Union, Germany has the obligation to legalize the domestic legislation of the EU. That is, all the regulations on the foreign economy made by the EU must be implemented and embodied in the form of domestic law. According to Germany's latest revision of the Foreign Economic Law, even some foreign economic laws that have been adopted by the European Union but have not been reaffirmed by German domestic law can also enter into force directly in Germany. As a result, the role of Germany's Foreign Economic Law has been further weakened, and its original status has been largely replaced by the EU's unified foreign economic legislation.
Second, the basic structure of Germany's "foreign economic law" Germany's "foreign economic law" is divided into four chapters, a total of 52.
The first chapter is general, including 24 articles. Among them, Articles 1 to 4 stipulate the legislative principles of the Foreign Economic Law and the meanings of the concepts used; Articles 5 to 7 stipulate the possibility of state intervention in foreign economic and trade exchanges; Articles 8 to 14 stipulate the state Basic management and intervention in trade in goods; Articles 15 to 21 stipulate the management and intervention of the State in the trade of audiovisual products, aviation, maritime transport, inland navigation and insurance; Articles 22 to 23 stipulate the state's currency and capital transactions. Management; Article 24 provides for the management of gold transactions.
Chapter II Foreign economic management, including eight articles, stipulates the obligations that enterprises must perform, the procedures for handling declaration and approval procedures, and the foreign economic management institutions.
Chapter III Penalties, including 15 articles. In this section, the violation of the law and the principles to be followed in the implementation of penalties are regulated.
Chapter IV of the Supplementary Provisions lists some provisions that have been amended or abolished, and stipulates the effective time and validity period of the law.
Third, the main content of Germany's "foreign economic law" Germany's main idea of ​​the "foreign economic law" is to minimize restrictions on foreign economic activities. In the first article of the Act, it is clearly stated that “foreign economic exchanges are ... in principle free.†But while acknowledging this basic principle, the Foreign Economic Law also allows the German government to retain the power to intervene under certain circumstances. According to the regulations, the German government has the right to intervene in its foreign economic activities under the following circumstances:
1. To ensure the performance of the obligations stipulated in the agreement between countries;
2. In order to prevent or offset the consequences of harmful measures taken by foreign countries on the German economy, including the resistance to inflows from harmful foreign currencies and capital;
3. The impact on Germany to prevent or offset foreign countries’ policies that do not comply with free trade;
4. To ensure Germany's national security, diplomatic interests and safeguard world peace.
In addition, the Foreign Economic Law also provides the following provisions:
1. If the domestic supply of necessities is harmed, the export of the relevant goods may be restricted;
2. To protect the domestic economy, it is possible to restrict the export of relevant commodities;
3. In order to protect domestic interests, trade with foreign services may be restricted;
4. In order to ensure the long-term balance of international payments, you can investigate capital exchanges with foreign countries;
5. To protect the stability of the country's currency or maintain the balance of payments needs, it can limit the capital and currency of non-domestic people in Germany;
6. It is possible to restrict non-domestic people from establishing subsidiaries and representative offices in Germany;
7. In order to prevent the inflow of harmful money and capital from abroad, it may be stipulated that a certain percentage of domestic borrowers borrowing from foreigners must be stored in an account of the German Federal Bank without interest for a certain period of time, that is, “limitation obligation ".
The above-mentioned provisions in the Foreign Economic Law are the legal basis for the German government to exercise certain restrictive powers when necessary. However, under normal circumstances, the German government will not easily use the above powers.
In general, the core provisions of the German Foreign Economic Law are mainly about the principle of the state's exercise of the right to intervene in foreign-related economies, while the management of import and export trade and the management of related commodities are mainly implemented on two lists, namely “ Import list", "export list".
IV. Import List The so-called “Import List†is an annex to the Foreign Economic Law. The Federal Government has added, deleted and modified the “Import List†at any time according to the needs of the country and the relevant regulations of the European Union, and regularly publishes it in the official journal Federal Gazette. All the possible imported goods are listed on this list, and it is indicated whether the import of each type of goods is subject to special approval and whether an import license is required. More than 98% of the large number of items listed in the “Import List†do not require any approval. In other words, the vast majority of German imports are free to enter without restrictions. For the remaining small number of regulated or restricted commodities, the federal government's main management tools are as follows:
1. Quota allocation In addition to the implementation of “in principle, import prohibition†for a very small number of commodities, Germany mainly uses quotas to control the import of goods. The main methods of quota allocation are:
(1) "Stop the first step" type: the total amount limit, how much the enterprise should send, and the deadline is issued;
(2) According to the same proportion of the application amount: After the total amount is determined, the quota is issued according to the proportion of the enterprise application quota to the total application quota;
(3) The relationship method, that is, the priority of the original goods, the new exporters are issued according to the basic quota;
(4) according to the way people put their hair;
(5) The export license method, that is, the export license issued by the exporting country within the quota limit, applies for import license in the importing country, which is one of the most used methods.
2, passive processing imports so-called passive processing, refers to raw materials, parts and other exports from Germany, processed finished products, semi-finished products and then sold back to Germany. For the import of passive processed products, Germany approves imports according to a certain sales ratio of similar products produced in Germany.
3. Active processing of imports According to Article 33 of the Foreign Economic Regulations, if the import of goods that require import approval is for processing and then re-export (active processing), the import of these goods is not subject to approval in principle.
4. Other Exemption Scopes According to Articles 32 and 33 of the Foreign Economic Regulations, goods destined for free ports and customs warehouses are not subject to approval. In addition, the import amount specified in Article 32 does not need to be examined and approved: for example, the value of food, samples and samples is under 250 marks; the value of gifts is less than 5,000 marks; articles for compensation and items that are duty-free.
V. Export Control The Foreign Economic Law stipulates that the government has the power to restrict the export of weapons, ammunition, war equipment and patents. Goods subject to export controls are clearly defined on the “export listâ€. The federal government's control over export commodities is mainly concentrated on the restrictions on military products and military and civilian supplies, and there are almost no restrictions on the export of ordinary civilian goods.
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