Federal Government expands war weapons permits and excludes cluster munitions

The Federal Government has expanded the General Authorizations for the transport and transit of war weapons, explicitly including deliveries to government agencies of Ukraine. At the same time, the new regulation excludes anti-personnel mines and cluster munitions from all General Authorizations. The amendment was promulgated as the Second Ordinance Amending the Ordinance on General Authorizations under the War Weapons Control Act on September 2, 2026, in the Federal Law Gazette Part I No. 249, issued in Bonn on September 7, 2026.

The ordinance is based on §§ 3, 4, 4a, and 8 of the War Weapons Control Act in the version of the announcement dated November 22, 1990. It enters into force on the day after its promulgation and was signed in Berlin by Chancellor Merz and the Federal Minister for Economic Affairs and Energy, Katherina Reiche.

Expanded Transit and Transport Authorizations

The new § 1 grants a General Authorization for the transport of war weapons through federal territory, provided the weapons are shipped from a member state of the European Union, NATO, from Australia, Japan, New Zealand, or Switzerland. The destination may be a member state of the EU or NATO, Australia, Japan, New Zealand, Switzerland, or a government agency of Ukraine.

• Shippers must report the quantity, type designation, and country of origin to the Federal Ministry for Economic Affairs and Energy within two weeks after a transit to government agencies of Ukraine.
• The new § 1d allows the transport of war weapons within federal territory between companies and the Bundeswehr.
• The new § 1e regulates the transfer to certified companies in other EU member states, except for hunting, sporting, or collecting purposes.

Focus on Certified Companies

The General Authorizations consistently require that the companies involved are certified according to § 9 of the Foreign Trade and Payments Act in conjunction with a legal ordinance based thereon. The new § 1b allows the import of war weapons to such companies based in federal territory, whereby numbers 29, 30, 50, and 51 of the war weapons list remain excluded for shipments from Norway, Switzerland, or the United Kingdom.

The new § 3a extends the General Authorization to foreign transactions of companies with a valid authorization according to § 2 paragraph 1 of the War Weapons Control Act, provided the weapons are intended to remain in the aforementioned states or with government agencies of Ukraine.

Exclusion of Anti-Personnel Mines and Cluster Munitions

The new § 3b clarifies that the General Authorizations under §§ 1 to 3a do not apply to the transport of anti-personnel mines or cluster munitions. This incorporates an explicit exclusion of these weapon categories into the regulation.

The new § 3c refers to the obligations regarding trade in weapons of war according to § 12 of the War Weapons Control Act and §§ 9 to 14 of the Second Implementing Regulation. In addition, other regulations remain unaffected, including the Foreign Trade and Payments Act, the Foreign Trade and Payments Ordinance, the Dangerous Goods Transport Act, the Road Haulage Act, the Security Clearance Act, the Explosives Act, and the Weapons Act.

Practical Significance

For certified defense companies and all parties involved in the transport of weapons, the regulation simplifies the transit and transport of weapons of war, particularly in connection with deliveries to government agencies of Ukraine. At the same time, the explicit exclusion of anti-personnel mines and cluster munitions sets a clear boundary that must be observed when applying the General Authorizations.

Source: Federal Law Gazette, Part I No. 249 of September 7, 2026, pp. 1–3 (official reference: BGBl. 2026 I No. 249).