(1) It shall be an administrative offense for any person who intentionally or negligently

1. contrary to Section 4 Paragraph 3 Sentence 1, fails to ensure that a determination referred to therein has been made,

2. contrary to Section 5 Paragraph 1 Sentence 1 or Section 9 Paragraph 3 Number 1, fails to carry out a risk analysis, or fails to do so correctly, completely or in good time

3. contrary to Section 6 (1), fails to take a preventive measure or fails to do so in a timely manner,

4. contrary to § 6 Paragraph 5 Sentence 1, § 7 Paragraph 4 Sentence 1 or § 8 Paragraph 5 Sentence 1, fails to carry out a review or fails to do so in good time,

5. contrary to § 6 (5) sentence 3, § 7 (4) sentence 3 or § 8 (5) sentence 2, does not update a measure or does not update it in time,

6. contrary to Section 7 (1) sentence 1, fails to take a corrective measure or fails to do so in a timely manner,

7. contrary to

a) § 7 Paragraph 2 Sentence 1 or

b) Section 9 (3) no. 3

a concept is not prepared or not prepared in good time or is not implemented or not implemented in good time,

8. contrary to § 8 Paragraph 1 Sentence 1, also in conjunction with § 9 Paragraph 1, fails to ensure that a complaints procedure is in place,

9. contrary to § 10 Paragraph 1 Sentence 2, fails to retain documentation or fails to retain documentation for at least seven years,

10. contrary to § 10 Paragraph 2 Sentence 1, fails to prepare a report correctly,

11. contrary to § 10 Paragraph 2 Sentence 1, fails to make a report referred to therein publicly available or fails to do so in a timely manner,

12. contrary to Section 12, fails to submit a report or fails to do so in a timely manner, or

13. contravenes an enforceable order pursuant to Section 13 (2) or Section 15 sentence 2 number 2.

(2) The administrative offense may be punished

1. in the cases referred to in paragraph 1

a) number 3, 7 letter b and number 8

b) number 6 and 7 letter a

with a fine of up to eight hundred thousand euros,

2. in the cases of paragraph 1 number 1, 2, 4, 5 and

13 with a fine of up to five hundred thousand euros, and

3. in the other cases of paragraph 1, with a fine of up to one hundred thousand euros.

In the cases referred to in the first sentence, numbers 1 and 2, Section 30, paragraph 2, sentence 3 of the Administrative Offences Act shall apply.

(3) In the case of a legal person or association of persons with an average annual turnover of more than 400 million euros, notwithstanding

paragraph 2, sentence 2, in conjunction with sentence 1, number 1, letter b, an administrative offense pursuant to paragraph 1, number 6 or 7, letter a, may be punished by a fine of up to 2 percent of the average annual turnover. The average annual turnover of the legal person or association of persons shall be determined on the basis of the worldwide turnover of all natural and legal persons and all associations of persons in the last three financial years preceding the decision by the authorities, insofar as these persons and associations of persons operate as an economic unit. The average annual turnover may be estimated.

(4) The basis for the assessment of the fine in the case of legal persons and associations of persons shall be the significance of the administrative offense. The economic circumstances of the legal person or association of persons shall be taken into account in the assessment. In the assessment, the circumstances shall be weighed against each other insofar as they speak for and against the legal person or association of persons. In particular, the following shall be taken into consideration:

1. the charge against the perpetrator of the administrative offence

2. the motives and objectives of the perpetrator of the misdemeanor,

3. weight, extent and duration of the offence,

4. the manner of execution of the administrative offense, in particular the number of perpetrators and their position in the legal person or association of persons,

5. the effects of the misdemeanor,

6. previous administrative offences for which the legal person or association of persons is liable pursuant to Section 30 of the Code of Administrative Offences,

also in conjunction with Section 130 of the Code of Administrative Offences, as well as precautions taken prior to the administrative offence

for the prevention and detection of administrative offences,

7. the efforts of the legal person or association of persons to detect the misdemeanor and to repair the damage, and

the measures taken after the offence to prevent and detect the offence,

8. the consequences of the misdemeanor suffered by the legal person or association of persons.

(5) The administrative authority within the meaning of Section 36(1)(1) of the Administrative Offences Act shall be the Federal Office of Economics and Export Control. Section 19 (1) sentences 2 and 3 shall apply to the legal and technical supervision of the Federal Office.