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.

Status analysis for newcomers in Defense & Security

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.

In-depth consulting for Defense & Security

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

Attorney-at-Law (Rechtsanwalt)

Frank Stahl

German CPA, Certified Tax Advisor

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Fast, binding assessment of the current situation for new business relationships

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.

Status analysis procedure

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.

Our other solutions for your challenges

Practical questions on the topic of security

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.

Does the company trade in military or dual-use goods?

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.

Do export controls also apply to foreign transactions without deliveries from Germany?

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.

How can approval procedures be made more efficient?

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.

How do defense tech companies structure their businesses for rapid growth and investor integration?

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.

Can licenses be combined or simplified?

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.

What special requirements should start-ups or family businesses consider when entering the defense industry for the first time?

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.

Export security

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.