European Export Controls and Sanctions in the Aviation and Defence sector

Transcription

1 European Export Controls and Sanctions in the Aviation and Defence sector

2 One international team & part of the industry & strategic understanding & a shared mission & clarity from complexity That s European Export Controls and Sanctions in the Aviation and Defence

3 Our mission is to combine our deep knowledge of the aviation sector and our legal expertise to develop commercial solutions that make long-term business sense. Introduction Bird & Bird is a global law firm. Altogether we have over 900 lawyers and legal practitioners working on our clients issues and business goals worldwide. We select and develop our people to possess a rare and invaluable grasp of strategic commercial issues. By combining this talent with exceptional legal expertise and deep industry knowledge, our advice is always informed, up to date, focused and relevant. Our recommendations are practical, realistic and clear.

4 Export Controls and Sanctions Our specialists are located across the key European jurisdictions and work together seamlessly as part of our trade and customs group and with our indirect tax group. Our expertise covers all relevant levels of regulation. Our work covers a range if international regions, including: International: Wassenaar Arrangement, Missile Technology Control Regime, Nuclear Suppliers Group, Australia Group, Chemical Weapons Convention European: EU Dual Use Regulation, Common Foreign & Security Policy, EU Sanction Regimes, European Customs Code, EU Blocking Regulation National: Dual Use and Military Regimes, licensing before UK ECO and AFU, German BAFA, French SETICE, and other EU bodies United States: Application of EAR and ITAR internationally, working with selected U.S. Counsel Our international reach and extensive experience with national administrations, combined with our sector focused approach, enables us to deal with multinational projects and issues, as well as to provide advice which allows for local and international laws, policies and business practices. This includes our understanding of the US regimes (EAR, ITAR etc.) and administration (BIS, DDTC, OFAC etc.) and in particular their extraterritorial application and enforcement, as well as direct access to a network of specialised external US counsel. We relish using our practical experience, understanding of the regulatory issues and legal skills to get to grips with export controls and sanctions issues faster than other lawyers with less direct experience. It means we can provide timely, practical and commercially realistic advice and support in pursuit of sensible, workable solutions. We like to be at the leading edge of business and legal developments and to be innovative for our clients benefit. Case Study: Supplies to a Chinese Consortium of (Military) Aircraft Manufacturers Advising an international client on EU and national implications of components supplies from Germany; assisting in the classification of the components as military items/dual-use items; advising whether technical assistance provided by client s employees is subject to German and European export control laws and regulations. Compliance In an environment where enforcement is on the rise, compliance is critical to business. Our team assists clients with setting up, maintaining and reviewing or auditing compliance programs and procedures. We appreciate the specialist resources many businesses have in-house. We are familiar with L.C. Software tools for export controls and sanctions compliance. Combined with our sector focused approach, this allows us to concentrate on minimising the legal risks of violations for your business and also the legal risks arising from such violations. Our compliance services include on-site training. We offer various packages which can be tailored specifically to your business needs, from general awareness training to detailed licensing procedures and ECCN Classification. The training can be adapted to suit the needs of all relevant people within your business, from sales managers to logistics staff. We assist clients with classification issues on various levels, from providing guidance on interpretation of ECCN categories to (the review of) classification of specific products to rating enquiries with national authorities. Where necessary, we can draw upon our understanding of clients technology products gained from decades of practice in all areas of aerospace, defence and other technology related sectors. Our team includes a large number of lawyers with backgrounds in engineering and other disciplines that can be brought to bear on different compliance issues. Case Study: Compliance with Sanctions Regimes Working with clients on do s and dont s of doing business with Syria and Syrian entities under EU and US sanction regimes. Worked with specialist US Counsel to provide seamless advice applicable across the EU and the US and taking into account key differences and extended territorial coverage of EU regimes, especially for purposes of financial transactions. Case Study: Sales Executives Training Training of sales executives of a global leader of aluminium manufacturing on all relevant national and international restrictions and specifications the export of the client s goods within the European Union and third countries is subject to. In particular, explain how to interpret the national and international export lists correctly in order to classify the relevant goods.

5 Advice In a product s life cycle, each stage attracts specific export controls and sanctions issues from product development and the sharing of technology, to multinational manufacturing, processing and assembly operations, technology licensing and the final sale to the end-user. Our recognition of the different customs and practices in various industry sectors enables us to identify these issues and provide clear and to the point advice. Our expertise covers all relevant aspects such as technology transfer and access, specific transactional advice, end-user verification and documentation, transit procedures, finance and sanctions, licensing requirements and documentation, as well as drafting and negotiating contractual arrangements with a view to ensuring compliance and risk minimalisation. We also provide assistance in contractual and other disputes. Bird & Bird Aviation lawyers are described as efficient, open minded and very good communicators Chambers Europe 2010 Case Study: General Terms Drafting export control clauses for the general trading terms of a global aircraft maintenance provider; furthermore, advise an international military aircraft manufacturer on drafting agreements to assign all custom law compliance obligations to a logistics company; negotiate and resolve consequential issues in the arrangements between the parties. Case Study: Research and Development Project Advising a steel company on licensing requirements for technology transfer to an Asian partner in an R&D Joint venture; review whether the intended technical assistance requires separate licenses; assist in negotiating with the competent national authority whether the transfer of technology could be considered being exempt from any license requirements. Case Study: Interpreting Prohibited Country Clauses Advising an aviation client on clauses in leases prohibiting transactions that would be contrary to international export control regimes.

6 Clients seek out the team s assistance because it understands the aviation and aerospace market and is therefore able to offer commercially aware legal advice that is always on the money Chambers and Partners 2010 Investigations Despite all compliance efforts and programs, errors and omissions can occur. We assist clients in identifying those through internal investigations and audits, which we, of course, conduct under attorney-client privilege. We advise on appropriate preventive and remedial measures, which sometimes include voluntary self disclosures. In many European countries, such disclosures are not regulated. Enforcement can include fines, criminal prosecution and license withdrawal. Our international and domestic experience, coupled with our access to authorities, enables us to help our clients in minimising adverse consequences of violations. When necessary, we can draw upon the expertise of our specialist corporate criminal defence counsel. Our international reach allows us to cover multiple countries, where these issues in an international manufacturing environment commonly arise in various locations simultaneously. With a wide geographical reach and deep resources... this firm can always access exactly the right people for any given situation. Chambers Europe 2010 Case Study: Foreign Trade Audit and Criminal and Administrative Proceedings Representing a multinational client in relation to a foreign trade audit including customs and export control law issues carried out by the relevant customs authority; represent client in the subsequent proceedings; negotiate with the national authorities on the sanctions against the company and its managing directors. Case Study: License Requirement Violation Disclosure Representing a client before national authorities regarding various voluntary self disclosures due to the export of dual-use goods without the required export license; draft respective disclosure to the authorities; represent client and its managing directors in the subsequent criminal proceedings.

7 Contacts Belgium Marc Martens T: +32 (0) Germany René Voigtlaender T: +49 (0) Philip Haellmigk T: +49 (0) Italy Simone Cadeddu T: +39 (0) The Netherlands Manon Rieger-Jansen T: +31 (0) Matthis Marell T: +31 (0) Spain Raquel Ballesteros T: +34 (0) Adela Gomez T: +34 (0) Sweden Ulrika Hansson T: +46 (0) UK Rhys Williams T: +44 (0) Iain MacVay T: +44 (0) twobirds.com Abu Dhabi & Beijing & Bratislava & Brussels & Budapest & Düsseldorf & Frankfurt & The Hague & Hamburg & Helsinki & Hong Kong & London & Lyon & Madrid & Milan & Munich & Paris & Prague & Rome & Shanghai & Singapore & Stockholm & Warsaw Bird & Bird LLP is a limited liability partnership, registered in England and Wales with registered number 0C and is regulated by the Solicitors Regulation Authority. Its registered office and principal place of business is at 15 Fetter Lane, London EC4A 1JP. Bird & Bird is an international legal practice comprising Bird & Bird LLP and its affiliated and associated businesses and has offices in the locations listed on our web site: twobirds.com. A list of members of Bird & Bird LLP, and of any non-members who are designated as partners and of their respective professional qualifications, is open to inspection at the above address