On 9 August 2014, the German export control authority (Bundesamt für Wirtschaft und Ausfuhrkontrolle – “BAFA“) published a new template for an end-user certificate. The language of the template specifically addresses the exports of items to Russia. The template does not only contain the usual language, i.e. that the consignee will not use the items supplied for the development of biological or chemical weapons. Using this template, a consignee will, in addition, confirm that the items in question are not intended for military use or for a military end-user; will not be used for projects pertaining to deep water oil exploration and production, Arctic oil exploration and production, or shale oil projects in Russia; and will not be transferred to a person or entity in Crimea or Sevastopol.
It appears that the language of the template has been carefully chosen so as to be neutral and thus be acceptable to Russian end-users while not giving up the German position that Crimea and Sevastopol remain part of the Ukraine.
Exporters are not legally required to use this template when applying for licenses for exports to Russia. They may use their own templates with different wording. However, using this template or similar wording in end-use-certificates may speed up the licensing process; otherwise, BAFA could ask for additional confirmations from the end-user.
