Foreign Trade
and Export Control Law

To ensure that our clients can conduct their business across national borders, we review export procedures and transactions for their compliance with applicable foreign trade regulations and provide support in official licensing procedures. We implement compliance structures to ensure adherence to trade regulations and advise international investors in the context of reviewing foreign direct investments in Germany.

Companies involved in international trade are exposed to a multitude of national and international regulations. Non-compliance with these regulations can pose a serious liability risk for the company, its management and its employees acting on their own behalf. For example, the applicable foreign trade regulations provide for numerous reporting or licensing requirements for the import and export of technology, services and goods. Payments in foreign trade may also be subject to such reporting requirements. In other areas, mandatory trade and business bans apply, for example in the form of internationally observed embargoes, in order to prevent the financing of terrorism or as reprisals for violations of international law.

 

We would be pleased to advise you on these complex and multi-layered issues. Our expertise in foreign trade law covers in particular the areas of:

 

  • Export control
    • Advice on EU and US export control issues
    • Advice on dual-use issues
    • Advice on international embargo regulations (including the EU Blocking Regulation)
  • Foreign investment control
    • Corporate law structuring of acquisition transactions taking into account the requirements of the Foreign Trade and Payments Act and Ordinance (AWV)
    • Advice and assistance in formal examination procedures (clearance procedures and clearance certificates) vis-à-vis the Federal Ministry of Economics, in particular also for Chinese investors with the involvement of our China Desk
    • Reporting obligations in foreign payment transactions (Z4 reporting, etc.)
    • Support in the preparation and evaluation of documents to identify incoming and outgoing payments subject to reporting requirements
    • Advice on the preparation of voluntary declarations exempt from prosecution
  • Customs law
    • Goods/preferential origin and supplier declarations
    • Export licenses
    • Classification of goods and value of goods; determination of customs value

Our team