Foreign Trade Law

We comprehensively assess our clients’ business activities from a foreign trade law perspective. This includes interpreting domestic and international embargo regulations as well as assessing new business models (e.g. cloud computing, technology transfer), drawing on regulatory coordination performed within the scope of other advisory mandates. If required, we provide support in obtaining official authorisations and submitting embargo-related notifications. We also draft export control and sanctions clauses for all types of contracts in order to minimise contractual risks.

We provide practice-orientated support for foreign trade law issues in day-to-day business without foregoing a sound legal basis.

Where arbitration proceedings take place, we assist in clarifying sanction law issues by providing well-founded legal opinions.

Authorities expect companies involved in foreign trade to have a risk-adequate Internal Compliance Programme (ICP). We provide support in the design of a an ICP tailored to the company (and, if necessary, a group-wide ICP), including the drafting of guidelines, work instructions, checklists and the design of training and monitoring concepts. 

If an ICP already exists, we provide support through risk inventories, health checks or audits to make it as effective as possible. If formal certification is required, this can also be carried out for the area of export control in accordance with IDW PS 980.

This requires not only technical expertise but also an understanding of the goods list system. In this context, we provide support in the export control classification of goods, software and technologies in the various goods control lists (dual-use, embargo, military, encryption technology). We also support our clients in designing risk-based classification processes for self-produced and purchased goods and in coordinating classification decisions with the export control authorities.

We advise and assist our clients in preparing and performing official foreign trade audits as well as internal audits. We support internal audits in this highly specialised area or provide targeted advice to the responsible department. 

If required, we also advise our clients on the submission of voluntary self-disclosures under foreign trade law, mitigating potential consequences.

We also assist them with internal investigations relating to foreign trade law in order to identify any compliance risks and support remedies to remove such risks.

As part of the due diligence process, we analyse foreign trade law risks for our clients and provide support with the post-merger integration of the acquired company into the internal export control programme. We also draft and review export control and sanctions clauses. 

We assess investment control authorisation requirements in the run-up to transactions and carry out the necessary registration procedures with the Federal Ministry for Economic Affairs and Energy. 

In the course of a business withdrawal from sanctioned markets, we provide support with official coordination and compliance with embargo regulations.  

We support our clients from a technical perspective in selecting and introducing IT solutions that automate internal operational export control processes and reduce error-prone manual processes.

A comprehensive training concept is a central element of every ICP and can mitigate the consequences of non-compliance. We design and organise target group-specific training sessions for management, specialist departments and the departments concerned. We cover all foreign trade law issues relevant to companies (including technology transfer, encrypted goods, sanctions [EU and USA], updates, etc.).

Domestic companies and private individuals are obliged to report certain incoming and outgoing payments, cross-border company investments by residents abroad or foreign nationals in Germany as well as receivables from and liabilities to foreign nationals to the German Bundesbank. This is in accordance with the provisions of the Foreign Trade and Payments Ordinance. Certain thresholds must be observed and exemptions from the reporting obligation apply to narrowly defined matters. 

Even if the reports are primarily used for statistical purposes, they should not be neglected in business practice. This is because failure to report, late reporting or incorrect reporting constitutes administrative offences that can be punished with a fine of up to EUR 30,000 per offence.

We support our clients with individual questions relating to foreign trade reporting and with introducing and optimising internal reporting processes. If an offence has been committed, we provide support in mitigating the consequences, e.g. through a voluntary disclosure under foreign trade law.