Foreign trade law in Germany

Investment control and trade compliance form the cornerstones of Noerr ‘s foreign trade law practice, which includes transactional support, criminal and administrative fine proceedings and the introduction of compliance management systems. In addition, clients are comprehensively advised on export control, embargo and customs law issues, including how to deal with Brexit-related scenarios. Bärbel Sachs heads the practice and advises on all aspects of foreign trade law, including anti-dumping, anti-subsidy and WTO law. She is also well versed in trade compliance programmes and accompanies investment audits by the BMWi. Internal investigations, criminal investigations or administrative fines are the focus of Christian Pelz. A strength of Johannes Schäffer is compliance advice to companies and financial institutions. Claus Zimmermann joined the team from Sidley Austin LLP in December 2020 and impresses with his focus on EU regulatory and WTO law, in particular the development and enforcement of international and European trade and investment regulations.

Dentons impresses with comprehensive advice on all aspects of foreign trade law, including investment audits and compliance. Most recently, the advisory offering expanded with added capabilities in human rights-focused risk management and due diligence. Andreas Haak's team is also well versed in advising on export control, sanctions matters as well as offering support in self-reporting and subsequent criminal and administrative fine proceedings. Julia Pfeil is another key contact and, in addition to in-depth China expertise, is admitted to the bar in the US. Accordingly, topics such as export controls, sanctions and embargoes also form part of her client work. Trade compliance and industry-specific expertise in areas such as defence, security, IT and healthcare are covered by Haak. Maria Brakalova made partner in May 2021 and advises investors on the foreign trade regulations of foreign investments.

Gleiss Lutz foreign trade law practice has a dual focus on export control and investment control. If needed, other practices contribute their expertise in an interdisciplinary approach, such as the compliance and commercial criminal law teams. The day-to-day business also shows the frequent involvement of US law firms, often related to trade embargo scenarios. Other focus areas are investigations and fine proceedings, contract law and transactional support. Practice head Andreas Neun has industry-related expertise in energy and healthcare and accompanies foreign trade transactions. The core team also includes customs law and compliance expert Burghard Hildebrandt and Ulrich Soltész, who advises on antitrust law, EU law and anti-dumping, whereas product compliance issues are covered by Marc Ruttloff and Eric Wagner.

Companies, logistics service providers and financial institutions regularly instruct Oppenhoff on foreign trade matters. The firm’s advisory offer includes export controls, economic sanctions and embargoes as well as international contract law. Further core topics are investment protection as well as WTO and consumption tax law and clients’ representation in criminal and administrative fine proceedings before the authorities and courts. The practice group is headed by Stephan Müller, who, in addition to export controls and sanctions, has expertise in compliance with a focus on anti-corruption, anti-money laundering and internal investigations. Heiko Höfler excels in matters relating to EU state aid law and the security and defence sectors, while Holger Hofmann is active in M&A transactions and approval procedures. The interface to digitisation, especially advising high-tech companies on foreign trade law investment audits, falls within the expertise of junior partner Mareike Heesing.

Clifford Chance pursues a full-service approach, comprehensively covering all aspects of foreign trade law. Companies and the public sector instruct the team on antitrust, export control and sanctions law as well as compliance issues. International contract design, international law and ESG issues, especially in the context of supply chain monitoring, constitute further key topics of the group. Dimitri Slobodenjuk made partner in May 2021 and has particular expertise in investment control, which is complemented by Moritz Keller in the area of investment protection. Matters pertaining to dual-use goods, European and WTO law are handled by Thomas Voland.

CMS covers the entire spectrum of foreign trade law and skilfully serves interfacing areas thanks to the comprehensive advice delivered by the firm's international network. The sanctions law focus is primarily on business in Russia, while the firm is regarded as a one-stop shop for advice on export control compliance. Most recently, there was a noteable increase in the need for advice on investment control, where Kai Neuhaus is the specialist. He also advises on antitrust law with a focus on digital business. Daniel Kaiser is active in the criminal defence of companies in foreign trade law, while Hermann Müller supports clients in public commercial law.

Deloitte Legal Rechtsanwaltsgesellschaft mbH advises clients on all key points of foreign trade law, including investment control and reporting obligations, and covers traditional topics such as export control and sanctions law. The area of compliance is covered in a holistic way across the teams, with the help of an interdisciplinary approach. Practice head Bettina Mertgen also is a key contact here, she also advises on customs and excise tax matters and supports contentious proceedings in foreign trade law. Erika Trujillo has particular expertise in sanctions and export control law and embargoes, particularly in connection with US regulations.

In addition to the traditional areas of foreign trade law, DLA Piper provides cross-practice advice at the interface with other practices, particularly antitrust, insurance and commercial criminal law as well as the IP and IT segments. Investment control is increasingly becoming a mainstay of the team, especially with regard to critical technologies and infrastructures as well as the management of international transactions under investment control law. Practice leader Ludger Giesberts advises clients on export control law and also represents them in contentious matters in court. Counsel Thilo Streit supports companies from the automotive, mechanical engineering, IT, chemicals and insurance sectors in foreign trade law, which includes advice on export control and sanctions law as well as criminal law work and investment control. The group has further expertise in the pharmaceuticals and medical products sector.

At Taylor Wessing, the foreign trade law team is integrated into the Competition, EU & Trade practice group. On the one hand, the team around Michael Brüggemann is convincing in the area of trade compliance, in which industrial and service companies are among the core clients. On the other hand, investment audit procedures are among the firm's core competencies, where the group is frequently instructed by Chinese investors and German sellers. Brüggemann's main focuses include compliance with foreign trade regulations for imports and exports, as well as embargoes, dual-use regulations and investment control procedures. André Lippert bridges the interface to public law and advises clients extensively on trade compliance matters. In October 2020, associate Johannes Schaadt-Wambach joined the firm's team from Luther Rechtsanwaltsgesellschaft mbH and has expertise in EU law.

As part of the Trade & Customs Practice Group, Bird & Bird LLP comprehensively advises on all relevant foreign trade law matters, including investment control, technology transfers, customs and sanctions law issues as well as advice and training on compliance regulations. The group also has special expertise in advising on issues relating to US export control law, related regulations and cooperation with the responsible US authorities. In addition to embargoes, approval procedures and investigations, practice leader René Voigtländer also covers compliance. Public procurement lawyer Guido Bormann is also part of the core team.

In foreign trade law, SKW Schwarz Rechtsanwälte primarily advises on customs and export control law as well as excise law. Clients are also represented before financial courts and the ECJ, which often involve fines and criminal proceedings. Jürgen Sparr heads the practice and advises on the entire spectrum of foreign trade law with a particular focus on anti-dumping law and customs audits. Counsel Sven Pohl is well versed in customs law and excise tax law, he also conducts internal compliance reviews.

The German practice of White & Case LLP advises clients comprehensively on investment control in the context of transactions and M&A deals, in which an FDI monitoring tool, developed by the firm, is used. The group also has expertise in export control and compliance. Antitrust lawyer Tilman Kuhn regularly assists with high-volume investment control proceedings and heads the practice together with Tobias Heinrich, who focuses on cross-border M&A transactions and frequently advises clients in the technology sector on investment control. Local partner Thilo-Maximilian Wenke is experienced in competition law, including merger control proceedings.