Foreign trade law in the defence industry
Foreign trade, including its associated areas such as customs, export control, sanctions and embargoes, is of significant importance in the defence sector. The handling of dual‑use goods, military equipment and war weapons requires a sophisticated Internal Control Programme (ICP), a specialized compliance management system that addresses the specific characteristics of foreign trade.
The continuous technological advancement and the increasing use of software, including in the defence industry, almost inevitably bring U.S. export control law into play.
Although traditional defence companies are generally very well positioned in this regard, there is a clear need for robust ICPs within the supplier industry—ICPs that are essential for the defence sector. Many suppliers originate from a civilian background and are only now beginning to enter the defence market.
Sanctions and embargo regulations, strongly influenced by global political developments, also require immediate attention and present major challenges for international corporations.
Our foreign trade experts have many years of experience supporting international defence companies and suppliers in optimising ICPs, classifying goods, software and technology, applying for required licences, and assisting in disputes with authorities in cases of refusals or objections.
Our main areas of activity:
Review and optimisation of ICPs, including implementation
Drafting of foreign trade contract clauses
Export control classifications, including military goods and weapons of war
Foreign trade law support for management decisions (e.g. exit from embargo countries)
Advice on sanctions issues
Application for necessary permits
Support in foreign trade audits
Representation in litigation
Preparation of training materials and implementation of target group-oriented training courses
Support with sanctions list checks and business partner due diligence
Advice on foreign trade law risks in the context of M&A transactions

Full service in the field of defence and security – find out more about our advising approach and our team here.

