International business
Cross-border supply depends on lawful movement of goods, technology and payments. We advise on contractual and regulatory risks involving customs, export controls, sanctions and trade restrictions.
Scope of our advice
Assessment begins with the goods, destination, end user, intended use and parties involved. Classification, origin, customs valuation, licensing and sanctions screening require distinct workstreams. Technology transfers and technical assistance may also be relevant.
What needs attention
A contractual promise by the buyer does not remove the exporter’s own compliance obligations. Establish escalation procedures for red flags and document decisions before shipment or transfer.
Classifying the transaction and controlling release
Trade compliance begins with the goods, software or technology, the destination, the parties and the intended use. Customs classification and origin are different from export-control classification and sanctions screening. We examine each workstream separately, including intermediaries, beneficial ownership, diversion risks and the route of delivery. Contractual terms should allocate the provision of technical information and licences without suggesting that a party can contract out of its own public-law responsibilities.
How the legal work is organised
A practical control system records who checks an order, what information is required and when shipment or access must be stopped for review. Existing licences and prior approvals should be assessed against the actual transaction rather than reused automatically. We advise on responding to customs questions, suspected errors and changes affecting an ongoing contract. Commercial responses may include suspension, alternative performance or termination, but their contractual basis and consequences need review. Specialist technical and local advice is coordinated where classification or foreign restrictions require it.
Four practical examples
Illustrative scenarios explaining typical legal issues; these are not statements about specific client mandates.
Dual-use component
A manufacturer receives an overseas order for sensitive equipment. We coordinate classification and licence review before shipment.
Practical approach. The classification file should explain the product’s technical characteristics and the basis for the selected treatment. Supplier descriptions can support the review but do not remove the need to assess their accuracy.
Sanctioned counterparty
A payment is blocked after a change in ownership. We examine the parties, ownership and control indicators and contractual consequences.
Practical approach. The response should consider ownership and control, not only a name match. Resolve uncertainties before release and record the basis for the decision rather than treating screening software as the final legal answer.
Origin dispute
Customs questions preferential origin documentation. We review the records and the supplier obligations supporting the declaration.
Practical approach. Preserve supplier declarations, production information and the basis for the origin treatment used. An origin claim should be checked against the relevant rules rather than inferred solely from the country from which goods were shipped.
Remote technical access
Engineers provide overseas access to restricted technical information. We assess whether the proposed assistance or transfer requires authorisation.
Practical approach. Assess the technology, recipient, location and nature of the access before enabling remote support. Electronic access or technical assistance can require analysis even where no physical shipment crosses a border.
Preparing the first discussion
Provide technical descriptions, tariff and control classifications already used, origin evidence, end-use statements, party details, shipping routes and relevant licences. Identify who acts as exporter or importer and who files declarations. For an incident, preserve the original records and communications so that correction options and duties can be assessed on a reliable factual basis.
Related expertise
Cross-border contracts · International sales & CISG · Foreign investment screening
Discuss your business matter
Tell us which parties and countries are involved, what you want to achieve and whether a deadline is approaching. We will clarify the scope, the appropriate legal team and the fee arrangements before work begins.
Reference: Rome I Regulation. English translations of German legislation may lag behind the authoritative German text. Application depends on the facts and the relevant current law.