Defence and Security

GvW Graf von Westphalen provides comprehensive and strategic advice in the areas of defence and security. The firm's lawyers assist companies in the defence and security industry as well as public sector clients in navigating complex legal challenges within an increasingly regulated and geopolitically sensitive environment. The expertise of the competence team in this focus area includes, in particular, advising on issues of public procurement law, foreign trade law – including export controls, sanctions and embargos- corporate law and contract drafting for defence and security projects. In addition, we provide support in particular on issues relating to IT security and space law and assist our clients in corporate transactions, private-sector cooperation projects and public private partnerships. By combining our interdisciplinary expertise, we offer comprehensive advice from a single source – practical, reliable and with the necessary understanding of the special requirements of the security and defence sector.

Our main areas of activity

Aviation

Company law
M&A (company acquisitions), buyer and seller side (including auctions)
Contract law (e.g. supply contracts with airframe manufacturers and Tier 1/2 suppliers)
Customs and foreign trade law (including investigations and compliance structures)
State aid and subsidy law

Space

Strategic and legal advice on applying for, securing and transferring frequency usage rights and orbit positions, as well as support with international coordination procedures
Legal structuring and registration of satellite systems and constellations within the national and international regulatory framework
Classification of projects under international space law, in particular with regard to state responsibility and liability issues
Advice on regulatory safety requirements and state supervisory mechanisms in connection with space-based infrastructure
Ongoing advice on regulatory and legal developments at national, European and international level and their impact on existing and planned projects

Corporate/M&A;

Purchase and sale of companies
Transaction support (including due diligence)
Joint ventures
Reorganisations and restructuring
Corporate housekeeping

Foreign Trade & Compliance

Review and optimisation of ICPs, including implementation
Drafting of foreign trade law 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

IT & Infrastructure Security

Preparation including GAP analysis
Prevention
Documentation
Training and education
Crisis management and communication

Procurement

Support for market research
Establishment of temporary interim measures
Structuring, designing and implementing procurement measures
Preparation of statements and legal opinions on specific issues
Designing cooperation structures involving private parties, e.g. public-private partnerships or operator models

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