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Information regarding the Export of Narcotic Drugs in Emergency Situations

Natural disasters, civil wars, and armed conflicts often lead to shortages in the supply of countries' populations with narcotic drugs. Such drugs are subject to strict controls, not only in Germany, but in all countries. Thus, short-notice delivery of these important medicinal products in emergency situations could contravene the internationally harmonised procedures for export authorisations. Therefore, at the initiative of the International Narcotics Control Board (INCB), the World Health Organziation (WHO) has compiled guidelines for a simplified procedure in emergencies. Germany has reacted to these guidelines by amending the Ordinance concerning the Foreign Trade in Narcotics ("Betäubungsmittel-Außenhandelsverordnung") accordingly (Section 15 sub-section 3).
Such simplified procedures only take effect if the competent authority of the recipient country cannot be reached or is no longer functioning due to the events. The basic principle of this procedure as opposed to the normal export process is that the controls are exclusively within the responsibility of the exporting country. Therefore, the authority of the exporting country must place high demands regarding the reliability of the potential suppliers of such aid shipments. The BfArM's Federal Opium Agency advises interested organisations, companies, and other suppliers to apply for the licence required in accordance with Section 3 of the German Narcotics Act ("Betäubungsmittelgesetz", BtMG) as an anticipatory measure in order to be able to react immediately to emergency situations with the corresponding humanitarian aid.

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Section 15 sub-section 3 of the Ordinance concerning the Foreign Trade in Narcotics:
"The provisions of Sections 7 to 12 shall not apply to narcotics which are exported in emergency situations by relief organisations, manufacturers or other suppliers having a relevant licence pursuant to Section 3 subsection (1) of the Narcotics Act, based on the Model Guidelines for the International Provision of Controlled Medicines for Emergency Medical Care of the World Health Organization (Document WHO/PSA/96.17; World Health Organization, 1211 Geneva 27, Switzerland)."