Insofar as personal embargoes do not exist, in the case of an intended transfer or export of items (the term includes goods, software and technology) to a third country, the next step is to assess whether the respective item is classified as particularly sensitive in foreign trade. This is the case with dual-use items (items that can be used for both civilian and military purposes) and, on the other hand, with military equipment, weapons and ammunition. The items concerned are listed and defined in the national export list (Annex to the Foreign Trade and Payments Ordinance) and the European list of goods (Annex I to the EC Dual Use Regulation). In addition to goods, these lists also contain software and technology.
When making your assessment, please note in particular that the provision of technology in embodied and also in unembodied form (transfer by telephone, e-mail or provision of data in a cloud) may also constitute an export.
In addition to the export of such sensitive items, the provision of certain services known as "technical assistance" (e.g. in connection with a military end-use or nuclear facilities) is also subject to export restrictions.
Technical assistance is any technical support related to repair, development, manufacture, assembly, testing, maintenance, or any other technical service. Technical assistance may take forms such as instruction, training, transmission of working knowledge or skills or consulting services. It also covers oral, telephonic and electronic forms of assistance.
The intended export of sensitive items and also technical assistance in certain areas regularly requires prior contact with the Federal Office of Economics and Export Control (BAFA) because of the item-related licensing or information obligations.
For an initial assessment of whether an item (goods, software, technology) to be exported or for which technical assistance is to be provided is subject to restrictions, a Customs tool can be used: auskunft.ezt-online.de - to determine the items number required for this purpose, you can use the page www.zolltarifnummern.de.
In case of doubt, you can always contact the Export Control Officer.