Dual-use and Defence
We advise businesses on the legal and regulatory aspects of projects, technologies and contracts involving dual-use and the defence sector. We help determine the applicable legal framework, identify the required permits and licences, and address obligations relating to trade, information security and the organisation of business activities.
Experience
The Firm combines legal expertise with many years of practical experience in security and international cooperation. This includes work at both expert and senior management level, as well as participation in the work of European Union and NATO structures. This allows our advice to take account not only of legal requirements, but also of how security procedures and specific regulatory regimes operate in practice.
Institutional Experience
Many years of experience in the security field, including expert work and senior management responsibilities. This provides a practical understanding of how procedures, institutions and mechanisms involved in applying security-related regulations operate.
International Cooperation
Experience gained through international cooperation and participation in the work of European Union and NATO structures. This allows our advice to take account of the interaction between national and international requirements, particularly in projects, contracts and procedures relating to security and defence.
Regulations in Practice
Practical knowledge of how classified information protection systems and security requirements for businesses, personnel and contracts operate, including in an international environment. This enables our advice to take account of how these requirements are applied in real-world processes and procedures.
Specialist Areas of Advice
Four specialist areas in which we advise businesses.
Classified Information and Industrial Security
Access to classified information, industrial security and requirements relating to the protection of information within an organisation.
Licensing and Regulated Activities
Licensing requirements for the manufacture of and trade in explosives, weapons, ammunition and products intended for military or police use, as well as other regulated activities.
International Trade in Strategic Goods
Classification of goods, export licences, technology transfers, sanctions and end-user documentation.
Funding for Defence and Dual-use Projects
Requirements relating to the funding of dual-use projects from national, EU and international sources.
When Might a Project Require Regulatory Analysis?
Requirements relating to dual-use and the defence sector may arise at different stages of a project – when placing a product on the market, commencing a regulated activity, entering into an international contract, obtaining access to protected information or seeking funding. The scope of the applicable obligations depends on the nature of the product, technology, activity and planned transaction.
A Product or Technology May Qualify as Dual-use
It may be necessary to classify the product or technology and determine the requirements applicable to its trade or transfer.
A Business Is Planning an Activity Requiring a Licence
This applies to certain activities involving, among other things, explosives, weapons, ammunition and products intended for military or police use.
The Project Involves a Contract with a Foreign Counterparty
Rules on international trade, technology transfer, sanctions and end-user documentation may apply.
The Project Requires Access to Classified Information
This may entail the need to meet industrial security, personnel and organisational requirements.
The Project or Contract Involves the Defence Sector Supply Chain
It is advisable to determine which legal, organisational and security requirements apply to the planned scope of cooperation.
The Project Is Supported by Public Funding
The conditions of the funding programme may impose additional requirements relating to technology, security, intellectual property or the manner in which the project is implemented.
Practical Knowledge
FAQ
Is every product used in the defence sector a dual-use product?
No. The mere use of a product in the defence sector does not determine its classification as a dual-use item. Its characteristics and technical parameters, as well as the applicable classification, are decisive. A product may also be subject to separate regulations applicable to military items.
When does a business activity require a licence?
A licence is required for activities involving the manufacture of and trade in certain explosives, weapons, ammunition and products intended for military or police use, as well as trade in technology intended for such use. The scope of the licensing requirement depends on the type of activity and the classification of the products or technologies concerned.
Can the sale of technology or software abroad require an authorisation?
Yes. Technology and software may be subject to trade controls, in particular as dual-use items. Whether an authorisation is required depends, among other factors, on their classification, the destination of the transfer, the end-user and the intended use. Controls may also apply to the electronic transmission of technology or software.
When does a business need an Facility Security Clearance?
As a rule, a Facility Security Clearance is required where the performance of a contract or assignment involves access by a business to classified information at CONFIDENTIAL level or above. A Facility Security Clearance is not required for information classified as RESTRICTED, although the business must still meet the applicable requirements for its protection.
Could Your Project Be Subject to Dual-use or Defence Sector Regulations?
We help determine the applicable legal framework, identify the required licences and authorisations, and address obligations relating to trade, information protection, the organisation of business activities and funding.