The export of goods to countries outside the EU, as well as the transfer of goods to other member states, is, in principle, unrestricted, but in actuality is subject to numerous restrictions. These include EU rules under the EU Dual-Use Regulation, Regulation (EU) 2021/821, as well as national rules under the Foreign Trade and Payments Act (AWG), the Foreign Trade and Payments Ordinance (AWV), and also the War Weapons Control Act (KrWaffKontrG). Authorisation requirements and prohibitions apply. We assist with their application, examine whether goods, technology, software, or services are subject to export control restrictions or authorisation requirements, and provide support in the relevant procedures or in objections to refusals.

We advise on the type and scope of sanctions against countries or persons, as well as their implications for company-specific business activities.
We assist with case-by-case assessments and provide guidance on the currently applicable or historically relevant rules. In doing so, we advise exporters on structuring their export processes in a legally sound manner and on specific individual cases, as well as on dealing with incorrect or potentially problematic export transactions.

We review a company’s existing export control processes and structures for compliance with applicable export control requirements. In doing so, we identify potential weaknesses and recommend specific measures for improvement. We conduct the required risk analysis using our evaluation questionnaire, hold workshops with you and your employees, and, where necessary, confirm to third parties that your internal processes are properly established and appropriate.

We advise export control officers on their day-to-day tasks and on fulfilling their statutory responsibilities within the company. This includes, in particular, resolving questions of interpretation, assessing specific business transactions and providing support in organising export controls. We provide quick answers to the “small queries” that arise in day-to-day operations.

We assess planned transactions with Iran for their permissibility under the applicable embargo and sanctions regulations. We also support companies in structuring and legally safeguarding their business relationships.

We advise companies on the legal assessment of their business activities in and related to Russia. In particular, we assess applicable prohibitions, authorisation options, exemptions and contractual safeguards designed to prevent circumvention.

We advise companies on the implications of U.S. export control and sanctions laws for their international business activities. In particular, we assess when U.S. law may apply to European companies and what compliance measures are required.

Violations of export control, embargo or other foreign trade regulations may result in significant criminal and administrative penalties. We assess potential risks, advise and support companies during investigations by the competent authorities, and assist with their legal defence.

We draft and review international commercial contracts, with particular regard to cross-border legal risks. In particular, we advise on choice-of-law and jurisdiction clauses, arbitration, and contractual provisions designed to mitigate risks arising from foreign trade restrictions.

We advise companies on the legal structuring and execution of international commercial transactions. This includes, in particular, international sales contracts, general terms and conditions, as well as agreements with commercial agents and distributors.

We advise on the drafting, negotiation and execution of international licence and know-how agreements. In doing so, we take particular account of the cross-border legal framework and support our clients in structuring contracts in a economically and legally sound manner.