Rechtsanwalt
Stefan Dinkhoff
„Beware of false knowledge; it is more dangerous than ignorance.“
George Bernard Shaw
Personal
- Admitted to the bar since 2002
- Languages: German, English
- Stefan Dinkhoff advises companies on complex issues related to cross-border business transactions, in particular international trade and distribution law
Education
- Studied law, specializing in international and European law, at the University of Münster and the University of Cologne (1990–1995)
- Followed by a legal traineeship at the Higher Regional Court of Düsseldorf
- Specialist lawyer training course in international commercial law (with certificate)
- Specialist lawyer training course in administrative law (with certificate); administrative law also includes foreign trade law
Professional career
- Practicing as a lawyer at Möllenhoff, specializing in international commercial law
- Programme Director and in-house lawyer at NWB Verlag, one of Germany’s leading publishers of tax and commercial law
- Publishing Director and in-house lawyer at the international legal publishers LexisNexis and Wolters Kluwer / Luchterhand
Main areas of activity
- International Trade and Distribution Law
- A particular focus on international distribution agency agreements (in particular commercial agent and authorized dealer agreements) as well as license and know-how agreements, in each case taking into account the country-specific characteristics of the foreign sales territory. Advice on international sales compliance, particularly in relation to sales subsidiaries abroad and foreign authorized distributors, including risk analysis and assessment as well as compliance optimization (for example, with regard to embargo requirements in high-risk countries).
- Specialist expertise in the drafting, negotiation and execution of international commercial contracts, as well as General Terms and Conditions of Sale and Purchase (ALVB/AEB). Comprehensive advice on conflict laws issues, the UN Convention on Contracts for the international Sale of Goods (CISG), choice of law, and arbitration and jurisdiction clauses
- Export Control and Embargo Law, including US (Re-)Export Control and Embargo Law
- Advice on all aspects of German and European export control law, with particular expertise in US (re-) export control and embargo law: assessing the need for authorization for export, transfer and re-exports; implementing and optimizing internal compliance programs (ICPs); conducting sanctions list screenings; and providing support with voluntary disclosures. Representation during preliminary investigations in the Customs Investigation Office and the public Prosecutor’s Office, extending to criminal defence in the main trial
- Furthermore, when drafting international commercial contracts, we ensure compliance with relevant German, European and US foreign trade, embargo and customs regulations under civil law, for example through rights to withhold performance and to amend the contract, contractual obligations to cooperate and provide information, risk-mitigation compliance obligations and indemnity clauses, whilst also taking into account export control regimes extraterritorial effect and the EU Blocking Regulation (Regulation (EC) No 2271/96)
- Customs Law
- EU and US customs law (U.S. Customs Law): Tariff classification in accordance with the Harmonized Tariff Schedule (HTSUS), rules of origin, customs valuation, advice on Section 301 and Section 232 duties as well as anti-dumping and countervailing duties, representation before US Customs and Border Protection (CBP).
- Supply Chain Compliance
- Advice on international supply chain compliance, including the implementation of due diligence obligations under the German Supply Chain Due Diligence Act (LkSG), the EU Corporate Sustainability Due Diligence Directive (CSDDD) and international standards (OECD Due Diligence Guidance, UN Guiding Principles on Business and Human Rights). Risk analyses and the implementation of preventive and remedial measures, with a particular focus on contractual safeguards through corresponding obligations, indemnities and tailored clauses in supplier and sales contracts. Advice is also provided on US supply chain regulations, such as import bans on goods produced through forced labour (Section 307 of the Tarriff Act, UFLPA), and on recent approaches to secure supply chains against risks posed by so-called ‘foreign adversaries’ (such as the ICTS regime for connected vehicles, 15 CFR Part 791).
Teaching and Lectures
- Lecturer and author of specialist texts at Reguvis Akademie and Reguvis Fachmedien GmbH (formerly Bundesanzeiger Verlag), specialising in particular in the Export Control Specialist and Customs Specialist training courses
- Speaker at seminars organised by various Chambers of Industry and Commerce (IHKs), the wvib Academy (wvib Schwarzwald AG) and as part of in-house training programmes.
Publications & Memberships
- Möllenhoff/Dinkhoff, Workbook: Work and Organisational Instructions for Export Controls, with Legal Guidance and Suggested Wording, ISBN 978-3-8462-0640-9, 2018, 152 pages, Reguvis Bundesanzeiger Verlag.
- Member of the Working Group on International Commercial Law within the German Bar Association (DAV).
