Compliance & Eligibility to Exhibit
The Event Organisers have defined the following policy on matters of compliance at the event, which is based primarily on the definitions and restrictions set out in (i) EU Council Regulation (EC) No 1236/2005, (ii) The Convention on Cluster Munitions 2008, (iii) The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines 1997, (iv) EU Dual-Use Regulation (Regulation (EU) 2021/821), (V) (EU Dual-Use Regulation), Regulation (EU) No. 258/2012, (vi) Foreign Trade and Payments Act (AWG), (vii) Foreign Trade and Payments Ordinance (AWV), (viii) Regulation (EU) No. 258/2012 (Firearms Regulation), (ix) Regulation (EU) 2019/125 (Anti-Torture Regulation)
Export control regulations may apply to exhibits based upon both German legislation and legislation from the territory of origin of the Exhibitor. Such legislation or regulations may cover the exportation of goods, the transfer of technology, the provision of technical assistance overseas and activities connected with trade in controlled goods. Exhibitors whose activities may be impacted by such legislation or regulations are required to ensure they have the necessary licenses and mechanisms in place.
It is solely the Exhibitors' responsibility to obtain all necessary licenses and authorities. Compliance audits will take place throughout the event, and Exhibitors who are in breach of this policy will forfeit their right to exhibit.
If you have any questions about the information in these sections, please contact the DSEI Germany Security Team: security@dsei-germany.com
All Exhibitors' equipment, services, documentation and all other forms of visual promotion and display, exhibited or proposed must be of a type, which complies with
- German legal codes and statutes;
- European Union legal codes and statutes;
- Law in the territory of origin of the exhibitor;
- UN Law and UN international undertakings and
- The terms and conditions contained herein.
These controls may encompass export from the country of origin, involvement in movements of these goods between overseas countries where the deal is made in the territory, or by a person of the territory of origin of the Exhibitor based overseas. It is important that your organisation is aware of all current applicable trade controls and whether they affect your business prior to exhibiting at the event.
Breach of any aspect of relevant trade controls will be treated as breach of the event terms and conditions regarding Compliance and Eligibility to Exhibit.
Display of goods, or the related promotional material for items described below are expressly prohibited at all Clarion Defence & Security Events, regardless of the Exhibitor’s territory of origin or territory in which the event is staged (the “Prohibited Goods”). This restriction applies to all forms of promotion, including the distribution of brochures or other promotional material from your stand which features images or details of any Prohibited Goods, even if your company does not intend to market these goods at the event. The Prohibited Goods include:
- Goods designed for the execution of human beings;
- Goods banned by the EU because of evidence of their use in torture;
- Restraints specially designed for restraining human beings;
- Riot control or self-protection devices designed or modified to administer an electric shock;
- Certain cluster munitions, including components; and
- Land mines, anti-personnel mines and anti-material cartridges.
If any Exhibitor is caught promoting Prohibited Goods or any other prohibited or controlled goods as determined in Organisers’ sole discretion, such Exhibitor will be ejected from the event and could face enforcement action from relevant authorities. Exhibitor waives and Organisers disclaim any and all liability related to any action Organisers must take in response to Exhibitor’s failure to comply with this Section A.
The following equipment and services are prohibited at the event, regardless of the Exhibitor’s territory of origin or territory in which the event is staged (the “Prohibited Equipment and Services”):
- Goods designed for the execution of human beings - such as gallows and guillotines, electric chairs, air-tight vaults designed for the purpose of execution by the administration of a lethal gas or substances, automatic drug injection systems designed for the purpose of executing human beings by the administration of a lethal chemical substance;
- Restraints specially designed for restraining human beings - leg-irons, gang chains, shackles and individual cuffs or shackle bracelets except those that are ‘ordinary handcuffs’ (handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 millimetres and 240 millimetres when locked and have not been modified to cause physical pain or suffering), restraint chairs unless designed for disabled persons, shackle board, thumb-cuffs and thumb-screws, including serrated thumb-cuffs, electric shock belts;
- Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock - such as electric-shock batons, electric-shock shields, stun-guns and electric-shock dart-guns - components specially designed or modified for the aforementioned;
- Hand-held, spiked batons;
- All cluster munitions, explosive sub munitions and explosive bomblets with the exception of those, which, comply with the provisions of the Oslo Declaration. Specifically, they must have all of the following characteristics:
each munition contains fewer than ten explosive sub-munitions;
each explosive sub-munition weighs more than four kilograms;
each explosive sub-munition is designed to detect and engage a single target object;
each explosive sub-munition is equipped with an electronic self-destruction mechanism; and
each explosive sub-munition is equipped with an electronic self-deactivating feature; - All other non-unitary munitions, explosive sub-munitions and explosive bomblets, together with components specifically designed for such cluster munitions, explosive sub-munitions or explosive bomblets are prohibited. This exclusion does not, however, apply to conventional munitions which are designed to dispense flares, smoke, pyrotechnics or chaff, electrical or electronic effects or which are designed exclusively for an air defence role; and
- Anti-personnel Landmines, which are defined as a landmine which:
is designed to be detonated by the presence, proximity or contact of an individual; and
is capable of incapacitating, injuring or killing an individual.
A component of an anti-personnel mine is anything designed or adapted to form part of an anti-personnel mine. A prohibited object is an anti-personnel mine or any component of an anti-personnel mine.
Further Definitions:
- Cluster munitions means conventional munitions designed to disperse or release explosive sub-munitions or bomblets.
- Explosive sub-munitions means conventional munitions, weighing less than 20 kilograms each, which, in order to perform their task, are dispersed or released from another conventional munition and which are designed to function by detonating an explosive charge prior to, on or after impact.
- Explosive bomblets means conventional munitions, weighing less than 20 kilograms each, which are not self-propelled and which, in order to perform their task, are specifically designed to be dispersed or released by a dispenser affixed to an aircraft, and are designed to function by detonating an explosive charge prior to, on or after impact.
- A “self-deactivating feature” is one, which automatically renders a munition inoperable by means of the irreversible exhaustion of a component (e.g., a battery) that is essential to the operation of the munition.
- A “self-destruction mechanism” is an incorporated, automatically functioning mechanism which is in addition to the primary initiating mechanism of a munition, and which secures the destruction of the munition into which it is incorporated.
If any Exhibitor is caught promoting Prohibited Equipment and Services, or any other prohibited or controlled goods as determined in Organisers’ sole discretion, such Exhibitor will be ejected from the event and could face enforcement action from relevant authorities. Exhibitor waives and Organisers disclaim any and all liability related to any action Organisers must take in response to Exhibitor’s failure to comply with this Section B.
The Organisers reserve the right to make the final decision concerning the eligibility of exhibits and matters of compliance.
Footnotes:
- Compliance audits will take place before and throughout the event to ensure that equipment, services, documentation and all other forms of visual promotion and display exhibited comply with the above-mentioned undertakings.
- Exhibitors promoting or exhibiting prohibited items, either overtly or covertly during the exhibition will be in breach of their contract with the Organisers and will forfeit their right to exhibit at the event. The Organisers will take appropriate action, which may involve the removal of equipment, documentation and/or visual promotional material from the stand into safe custody. Relevant authorities in the country where the event is staged and the country of origin of the Exhibitor will be informed by the Organiser of any breach. This may result in legal action being taken against the Exhibitor by these authorities. The stand may be closed immediately and the Exhibitor will have no claim for redress against the Organisers, nor any refund for loss of fees.
- Exhibitors will not be permitted to exhibit if their sole or predominant aim is to import for immediate resale.
- The Organisers reserve the right to make the final decision concerning the eligibility of exhibits and matters of compliance.
Note: services in respect of the list of prohibited equipment are also prohibited.
Trade control legislation may affect anyone in the territory in which the event is staged regardless of nationality. Trade controls cover the trading and transacting in controlled goods between two overseas countries where the deal is made in a third country.
The controls are intended to impact on ‘trafficking and brokering’ type activities that facilitate the movement of controlled military or paramilitary goods including the movement of goods to countries subject to sanctions, embargos or other restrictions.
All Exhibitors must ensure that they have all necessary trade control licenses in place before undertaking any controlled business or activity.
Germany's trade controls are managed by the Federal Office for Economic Affairs and Export Control (BAFA). These controls include licensing requirements, sanctions, and enforcement of European Union regulations.
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Any Exhibitor engaging in controlled business or activity either overtly or covertly during the exhibition without all necessary trade control licenses being place will be regarded as a breach of their contract with the Organisers and will forfeit their right to exhibit at the event. The Organisers will take appropriate action, which may involve the removal of equipment, documentation and/or visual promotional material from the stand into safe custody. Relevant authorities in the territory in which the event takes place and the territory of origin of the Exhibitor will be informed of any breach, which may result in legal action being taken against the Exhibitor by these authorities. The stand may be closed immediately and the Exhibitor will have no claim for redress against the Organisers, nor any refund for loss of fees. Exhibitor waives and Organisers disclaim any and all liability related to any action Organisers must take in response to Exhibitor’s failure to comply with this Section C.
Exhibitors shall not exhibit live ammunition or pyrotechnics on their stand or use live firearms, ammunition or pyrotechnics in any demonstration. Dummy or de-activated weapons may be exhibited but will require the correct import/export license from the relevant authorities. Non inert pyrotechnic articles which are assigned in accordance with the United Nations recommendations Articles U.N. no. 0431 or 0432. are prohibited.
Prohibited items include multiple effects cartridge systems (MECS) and non-lethal explosive devices including stun grenades. Definition: “Pyrotechnic article” is an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions “Stun grenades” means pyrotechnic articles designed to confuse, disorientate or distract a person.
Any Exhibitor, who, by way of trade or business, manufacturers, sells, transfers, repairs, tests or proves or exposes for sale or transfer or has in his possession for sale, repair, test or proof any firearm or ammunition must first obtain relevant licenses and clearances to exhibit or display such equipment from the relevant authorities in the territory in which the event takes place. Any Exhibitor who attempts to exhibit or sell any firearm or ammunition without the appropriate certificate and authority will be liable to ejection from the event and possible prosecution from such authorities. Exhibitor waives and Organisers disclaim any and all liability related to any action Organisers must take in response to Exhibitor’s failure to comply with this Section D.