Used Services and Cookies

Our website uses cookies to enhance your user experience. Some cookies are essential for the operation and management of the site, while others are used for anonymous statistics or personalized content. Please note that limiting cookie use may impair certain functions of the website.

More information: Imprint, Data protection

Essential cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website or, for example, saving your cookie settings. The website cannot function properly without these cookies. This category cannot be deactivated.
  • Name:
    ukie_a_cookie_consent_manager
  • Domain:
    blomstein.com
  • Purpose:
    Stores the cookie preferences of website visitors.
  • Name:
    blomstein_session
  • Domain:
    blomstein.com
  • Purpose:
    The session cookie is essential for the basic functioning of the website. It allows users to navigate through the site and use its basic features.
  • Name:
    XSRF-TOKEN
  • Domain:
    blomstein.com
  • Purpose:
    This cookie serves security purposes and aids in preventing Cross-Site Request Forgery (CSRF) attacks. It is a technical necessity.
These cookies collect information about how you use a website, e.g. which pages you have visited and which links you have clicked on.
  • Name:
    _ga
  • Domain:
    blomstein.com
  • Purpose:
    The Google Analytics cookie _ga is used to distinguish users by assigning a unique identification number to each visitor. This number is sent to Google Analytics each time a page is accessed in order to collect user, session and campaign data and to statistically evaluate the use of the website. The cookie helps website operators to understand how visitors interact with the website by collecting information anonymously and generating reports.
  • Name:
    _ga_*
  • Domain:
    blomstein.com
  • Purpose:
    The _ga_[container_id] cookie, specific to Google Analytics 4 (GA4), is used to distinguish website visitors by assigning a unique ID for each session and each user. It enables the collection and analysis of data on user behavior on the website in anonymized form. This includes tracking page views, interactions and the path users take on the website to give website operators deeper insights into the use of their site and improve the user experience.
  • Name:
    _gid
  • Domain:
    blomstein.com
  • Purpose:
    The _gid cookie is a cookie set by Google Analytics that is used to distinguish users. It assigns a unique identification number to each visitor to the website, which is sent to Google Analytics each time the page is accessed. This makes it possible to track and analyze user behavior on the website over a period of 24 hours.
  • Name:
    _gat_gtag_UA_77241503_1
  • Domain:
    blomstein.com
  • Purpose:
    The _gat_gtag_UA_77241503_1 cookie is part of Google Analytics and Google Tag Manager and is used to throttle the request rate, i.e. it limits data collection on high traffic websites. This cookie is linked to a specific Google Analytics property ID (in this case UA-77241503-1), which means that it is used for performance monitoring and control of data collection for that specific website property.

Self-disclosure in German Foreign Trade Law – worth the effort

24.04.2020

Since the Federal Ministry of Justice and Consumer Protection presented a new draft of the corporate sanctions law (“Gesetz zur Stärkung der Integrität in der Wirtschaft”) on 22 April 2020, debate has flared up again about how to deal with legal violations within companies. In the past, associations and experts urged that the main objectives of the new law must be to promote compliance measures and transparency around violations within companies internally.

One way to help companies build the “golden bridge” back to legality is to offer the opportunity for voluntary self-disclosure, which would release the companies from sanctions. The current draft of the modern corporate sanctions law does not contain such a provision. Although the legislation rewards cooperative behaviour by companies, it does not provide for full exemption from sanctions. In other areas, however, self-disclosure is an established instrument.

Hesitant use by the companies

In foreign trade law, Section 22 (4) of the Foreign Trade and Payments Act (AWG) has since 2013 offered companies the possibility of making a voluntary self-disclosure exempting them from fines. For certain negligent infringements that are discovered through self-monitored procedures, companies may obtain an exemption from fines by voluntarily notifying the competent customs authorities. However, German companies have so far been rather reluctant to make use of this offer. Many companies that have dealt with an internally discovered foreign trade law violation in the past still have no experience with self-disclosure as set out in the AWG. This does not reflect the importance of the voluntary self-disclosure scheme for business activities.

Usually high chances of success

Companies should not be afraid of proactively approaching customs authorities. The fear of “waking sleeping dogs” and causing even greater damage by making a voluntary disclosure is often misplaced. In fact, carefully prepared self-disclosure usually receives a positive response from the side of the authorities. The scenario in which violations are not voluntarily disclosed but are then brought to light by experienced auditors in the course of an official external audit are much more unpleasant. Sooner or later such an audit will affect at least every larger company. An appearance of reliability is also prerequisite for many customs and foreign trade law facilitations, such as collective authorisations or the application for AEO status. The integrity of a company’s conduct further influences the impression it makes on potential business partners.

Fast and thorough action is essential

Even if voluntary self-disclosure is no panacea, companies should at least always consider it. In case of doubt, it is important to act rapidly because as soon as the authorities discover the infringement, the voluntary declaration can no longer have its full legal effect. Companies should not shy away from a thorough investigation of the facts and comprehensive presentation of its infringements. To do so can set a company on course for successful self-disclosure and, not least, show that future conduct in conformity with foreign trade law is not an empty promise.

BLOMSTEIN advises on all questions relating to foreign trade law compliance. Roland M. Stein and Leonard von Rummel are happy to assist you at any time.

back to overview