GlossaryEN1 min readUpdated: Jun 18, 2026

export control proviso / clause

An export control proviso is inserted into international contracts whenever deliveries or services may be exposed to export control risk.

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Last updated: 18 June 2026Published: 27 January 2026

Source: https://www.bmwi.de/Redaktion/EN/Text/export-controls.html

Category

Logistics concept

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1 min

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119

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Definition & Explanation

An export control proviso is inserted into international contracts whenever deliveries or services may be exposed to export control risk. The clause makes clear that performance is conditional on compliance with applicable export control laws and the receipt of any required licenses or authorizations. If the regulatory environment shifts, a license is denied or revoked, or new sanctions come into force, the performing party may modify, delay, or decline performance without incurring liability for breach of contract. Such provisos are standard practice in international trade and the defense industry, protecting exporters, service providers, and manufacturers against unforeseen regulatory action. It should not be confused with export control clearance: the proviso is a private-law protective clause, not a governmental authorization.