Prof. Dr. Schindler: The prohibition error in export

In its latest issue, the Zeitschrift für Internationales Wirtschaftsrecht (IWRZ – Journal of International Business Law) published an article by Prof. Dr. Schindler on the prohibition error in export (IWRZ 2017, p. 212 et seq.). In it, he deals with the criminal liability of managing directors who violate regulations of foreign trade law in export. One focus of the study is on the question of how it affects criminal liability if the managing director is advised by a lawyer.

Background:

Export control is not only about trade in military goods. So-called „dual-use goods“, i.e. goods that are primarily intended to be used for civilian purposes, can also be subject to export control if they can „also“ be used for military purposes. In addition, restrictions imposed by embargoes and sanctions must be taken into account. Violations are punishable by imprisonment or fines of up to 500 thousand euros.