Administrative Rules Governing Foreign Trade in the German Federal Republic

Abstract

Frenchby Yves Chapel.This account of the administrative structure governing foreign trade is too closely packed with cold facts and legal provisions to permit of a summary. Some general conclusions, however, emerge from the description and are clearly indicated by the author:The Western German set-up is extremely complicated. This may be due to a well-known trait of German psychology, but was unavoidable in view of the prevailing situation. It should be borne in mind that (a) the transfer of authority from the military occupying forces to the Joint Export and Import Agency and thence to the German authorities was a gradual one, that its course was never clearly defined and that it perforce was based on initially empirical provisions; (b) the Federal Government and legal authorities had to build up a new tradition of administration with the least possible reference to pre-war practice. As a result, the provisions now extant govern everything down to the minutest details.On the other hand, the German administrative structure in these matters is characterised by a wide dispersion of competence and responsibilities, and by the fact that official powers are delegated to private bodies « accepted » for the purpose.Finally, emphasis is laid on the extremely important part played by the « Bank deutscher Länder » and its affiliates in matters of currency allocations. In most cases, import licences are granted on the basis, not of the amount of goods, but of the sum of money to be paid.In a most interesting conclusion, Mr. Chapel points out that the present system admirably lends itself to strict State control, but that the actual tendency is towards a far-reaching liberalisation of foreign trade.