INDUSTRIES

Defence

For manufacturers, suppliers and systems houses in the defence and security industry: export control, public procurement, investment screening and compliance from a single source.

The Issues That Shape Your Day-to-Day Business

These are the five areas where we most frequently advise manufacturers and suppliers.

Export Controls, Sanctions and Embargoes

We classify your goods under the German Export List and the EU Dual-Use Regulation, obtain the appropriate BAFA licences and screen every shipment against applicable sanctions and embargo lists.

Defence Procurement and Public Tenders

We support bids for public contracts under the German Defence and Security Procurement Ordinance (VSVgV), from reviewing the tender documents to filing objections and review proceedings before the procurement chamber.

Investment Control and FDI Screening

When defence and security-related companies are bought or sold, we handle the notification and review procedure under German foreign trade law and integrate it into the M&A process.

Classified Information and Security Clearance

We clarify the requirements for personnel and physical protection of classified information, support security clearance procedures and align contracts with the classified information requirements of contracting authorities.

R&D, Cooperation and Supply Agreements

We draft development, consortium and supply agreements for joint defence projects and contractually secure IP rights, end-use requirements and licensing conditions.

Cross-Border Business Under Strict Supervision

Exports and international cooperation define this industry. Almost every step is subject to licensing requirements.

German Companies Abroad

Deliveries and cooperations from Germany require the right licence, and they require it before the first shipment leaves.

  • Export licences for defence and dual-use goods from BAFA, including general licences and end-use certificates
  • Use of the facilitations for intra-European defence cooperation and intra-group technology transfers, expanded since February 2026
  • Cooperation and consortium agreements for joint projects with European and NATO partners
  • Sanctions and embargo screening of customers, end recipients and supply chains before every delivery
  • Distribution through commercial agents and distributors in third countries in compliance with export control requirements

What Sets Us Apart From a Generalist Firm

In this industry, projects rarely fail because of the technology. Usually a licence is missing, or the procurement procedure stalls.

  • Export control and procurement law interlock in this industry. We think both sides together instead of sending you back and forth between specialist firms.

  • BAFA, the Federal Ministry for Economic Affairs, procurement chambers: we know which documents an application needs and where procedures typically get stuck.

  • Cooperation and supply agreements in the defence sector must properly reflect licensing conditions, end-use requirements and compliance. We keep that in view in every clause.

  • We work across borders and bring in foreign law through our network, without losing sight of German licensing obligations.

Planning an export or a cooperation in the defence sector?

Talk to us early. Whether an export can be licensed or an investment is subject to screening is best clarified before the contracts are in place.

  • Martin Neupert
    Martin Neupert
    Real Estate & Procurement Partner
  • Sebastian Harschneck
    Sebastian Harschneck
    Managing Partner · Corporate & Public Commercial Law

Frequently Asked Questions on Law in the Defence Industry

That depends on how the goods are classified. Defence goods on the German Export List and weapons of war are subject to foreign trade law and the War Weapons Control Act, dual-use goods to the EU Dual-Use Regulation. The competent authority is generally BAFA. Depending on the goods and the destination country, an individual licence, a collective licence or a general licence may come into consideration. We verify the classification and the appropriate licensing route before you deliver.

On 1 February 2026, a package of measures by the Federal Ministry for Economic Affairs came into force that is intended to speed up licensing procedures. The main facilitations concern intra-European defence cooperation, intra-group technology transfers and data storage on servers in European countries. The range of general licences was expanded. For companies with European partners, procedures can become noticeably shorter as a result.

As a rule, yes. The acquisition of German companies that manufacture defence goods or certain security-related products falls under investment screening pursuant to German foreign trade law. Notification obligations apply, and the review procedure at the Federal Ministry for Economic Affairs can delay closing or impose conditions. This review belongs in the M&A timetable from the outset.

Defence and security-specific contracts are awarded under the VSVgV, which has its own rules on suitability, security of supply and the protection of classified information. We support you from reviewing the tender documents and preparing the bid through to objections and review proceedings before the procurement chamber.

As soon as you handle classified information, you must ensure personnel and physical protection. This ranges from security clearance of your employees and technical and organisational safeguards to formal supervision by the competent authorities. We support you in setting this up and in meeting the requirements that contracting authorities impose by contract.

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Maxfeld.legal

Rechtsanwaltsgesellschaft mbH
Leipziger Platz 21
90491 Nuremberg

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