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The security and defense industry operates in a highly complex, strictly regulated environment. Companies in this sector face demanding legal challenges in areas ranging from export control and sanctions to M&A transactions, procurement procedures, offset deals, and international tax issues.
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Companies in the defense and security sector must correctly classify products and technologies in accordance with the War Weapons Control Act, export list, or EU Dual-Use Regulation. This also applies to goods components, software, and technical plans. Similarly, cross-border activities, collaborations, or data transfers may trigger licensing requirements that necessitate careful compliance structures.
Start-ups and family businesses entering the defense or security industry for the first time face specific challenges. Early classification of products, the creation of suitable legal and corporate structures, and the implementation of internal control systems are crucial for ensuring that investments, approvals, and operational processes are legally compliant.
Private equity and venture capital investors who acquire (or wish to acquire) stakes in start-ups or young technology companies in the security or defense sector also benefit from an early classification of the area of activity within the regulatory framework. A status analysis of foreign trade law processes creates reliable transparency regarding approval requirements, compliance structures, and operational processes. This supports investors in making informed purchase decisions and integrating acquired companies into existing structures.
Efficient internal control systems, digital processes, and transparent structures in export control, customs, and tax law are crucial for minimizing risks and ensuring a company’s long-term ability to act. The simultaneous application of regulatory expertise, tax structuring, and practical implementation ensures the company’s operational and legal sovereignty.
Our interdisciplinary teams of lawyers, tax advisors, and subject matter experts combine well-founded advice with a practical understanding of development cycles, processes, and distribution models in the defense sector.
Sebastian Billig
Partner
Attorney-at-Law (Rechtsanwalt)
Dr. Thomas Gemmeke
Managing Partner
Frank Stahl
German CPA, Certified Tax Advisor
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Especially at the beginning of new security-relevant business relationships, during expansions, or before acquisitions, a reliable assessment of the company's initial position in terms of foreign trade law is crucial. The Foreign Trade & Export Control Status Analysis quickly creates well-founded, reliable transparency about the existing and necessary processes in the company without an immediate risk assessment, but with a clear structure.
The analysis serves as a quick, binding status assessment for management, compliance, investors, and business partners. In practice, the results are available within a few weeks and form a reliable basis for further strategic decisions, approval procedures, or contract conclusions.
1. Preparation Review of existing documents, initial systematic classification, and development of a company-specific questionnaire based on actual business activities, products, target markets, and distribution channels.
2. Recording the status quo Structured survey of current processes and relevant business transactions through interviews with the relevant departments and supplementary document review. Among other things, product classifications, export processes, approval management, IT, and data flows are recorded.
3. Report preparation (status quo) Preparation of the results in a structured status report with a transparent presentation of existing structures, responsibilities, processes, and interfaces in foreign trade and export control.
4. Presentation of results Presentation of results to management and department managers as a clear basis for decision-making on further steps, for example, in new business relationships, investor processes, internationalization, or M&A.
Secure export control
Reliable classification of defense technologies, secure export processes, and legally compliant approvals, technology transfers, and international projects.
Investors in the defense sector
Investors in the defense sector receive support with due diligence, regulatory requirements, export control risks, and the integration of tech start-ups.
Structures for defense growth
Structuring defense companies for growth: Legal forms, governance, joint ventures, and investment models for secure and scalable corporate structures.
Secure data for defense tech
Legally compliant data rooms for security-critical technologies: data transfers, AI systems, cloud access, and IT security in the sensitive defense environment.
Companies in the security-relevant technology sector face complex challenges on a daily basis. Whether it's export control, digitalization, data management, or growth strategies – many questions can only be answered with a holistic view. The following topics highlight typical issues in companies and provide guidance on which processes, structures, and compliance measures are relevant.
Goods, goods components, or software can be classified as dual-use goods, military goods, or weapons of war, which means that trading in these goods is subject to licensing requirements. The forwarding of technical plans or the granting of cloud access can also trigger such requirements. Precise classification of goods under the War Weapons Control Act, export list, or EU Dual-Use Regulation minimizes risks.
Yes. Purely foreign transactions or brokerage transactions may also be subject to licensing requirements. All cross-border activities must be reviewed, compliance structures implemented, and evidence documented.
General approvals and collective export licenses reduce administrative burdens, but require functioning compliance structures. Internal processes must be established and approvals must be documented correctly.
Start-ups and medium-sized companies in the defense sector face the challenge of combining growth with investor interests and regulatory requirements. Choosing the right legal form, ownership structure, and governance mechanisms determines operational flexibility, capacity to act, and the ability to efficiently implement subsequent financing rounds, joint ventures, or M&A transactions.
In order to export defense or dual-use goods, companies must generally apply for a license. In some cases, two different licenses may even be required. However, there are procedural simplifications in the form of general licenses and collective export licenses. To take advantage of these simplifications, however, companies must demonstrate certain compliance structures and comply with specified requirements.
Companies entering the trade in security-related technologies or military equipment for the first time must check at an early stage which transactions require approval and which compliance structures are necessary. This includes classification under the War Weapons Control Act or Dual-Use Regulation, the implementation of internal control systems, the documentation of development processes, and preparation for export licenses. Structured planning prevents delays in the granting of approvals, minimizes legal risks, and facilitates integration into existing supply chains and international projects.
Approval-relevant design of parts Product components designed for defense purposes, such as coated hydraulic cylinders for radar systems, often fall under special classifications that trigger licensing requirements. The decisive factor is whether the design objectively reveals the purpose and whether this can be proven.
Technology transfer & data export The digital transmission of drawings, software, or cloud access may be subject to approval. Even remote access by non-EU partners is critical, especially in projects, collaborations, or research associations.
Security through proactive compliance Violations of export control regulations can result in criminal penalties, fines, and exclusion from procurement procedures. This also applies to trading in dual-use goods in violation of regulations. Baker Tilly will support you in approval processes, goods classification, compliance, and training.
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