Sanctions and export controls

Export control does not only concern classic arms. Civilian products, software, technology, services and financial flows may also be subject to restrictions. Sanctions can also become relevant for domestic transactions. We support companies in the legal examination of concrete projects and in the development of appropriate control processes.

Typical counseling events

• A delivery is to be made to a new country or via an unknown intermediary.
• A customer requires unusual delivery routes, payment structures or information in documents.
• Software, technical documentation or development knowledge should be provided across borders.
• A screening reports a possible hit or the ownership of a business partner is unclear.
• New sanctions affect current contracts, maintenance services or goods already shipped.

Four questions before release

What is delivered or performed?

Product characteristics, technical performance, software and technology shall be classified in accordance with the relevant lists of goods and regulations. A tariff number alone does not replace an export control classification. Non-listed goods may be subject to authorisation for use. The legal assessment requires reliable technical information.

Who's involved?

Contractors, recipients, end-users and, where appropriate, other parties involved as well as ownership and control relationships should be considered. A name match is a part of the test. A lack of direct list hits does not exclude a prohibition if, for example, indirect provision or control by a listed person is relevant.

Where and for what?

The country of destination, transit countries, end-use and potential diversion risks must fit the business. Unusual intermediate stations or unclear end-of-life data are the reason for further testing. Final declarations can help, but do not replace the assessment of recognizable contradictions.

Which legal system and which version apply?

The EU Dual Use Regulation, the Foreign Trade Act, the Foreign Trade Regulation and relevant sanction regulations form important foundations. Additional provisions may be relevant in the case of additional foreign remuneration. Sanctions lists, annexes, transitional rules and authorisation options must be reviewed at the time of the transaction.

Organise internal export control

An in-house export control program combines management, sales, purchasing, technology, shipping and finance. It should determine which transactions are to be audited, who classifies, who issues approvals and when a delivery is to be stopped. Decisions and their foundations must be documented in a comprehensible manner. Training and verifications ensure that the process also works during staff changes.

Such a programme may be of particular importance for certain types of authorisation. BAFA explains requirements for an Internal Compliance Programme (ICP). A general purchase or distribution release does not replace the export control review.

Contracts and current transactions

Contractual clauses should properly regulate information obligations, end-use, re-delivery and the handling of legal obstacles. Whether a service may or must be suspended depends on the concrete prohibition, possible exceptions and contract law. A flat-rate sanction clause does not create approval and does not transfer all responsibility to the customer.

Our services

• Legal classification of supplies, services and technology transfers on the basis of technical specifications.
• Consideration of sanctions, ownership and control structures as well as suspicions of circumvention.
• Design of testing, release and escalation processes in the company.
• Examination and adaptation of contractual clauses and final documents.
• Legal monitoring of licensing issues and communication of authorities.
• Training courses for sales, purchasing, shipping, technology and management.

Common questions

Are pure domestic transactions unproblematic?

Not necessarily. Personal financial sanctions and prohibitions on provision may also apply without cross-border movement of goods. Interested parties and actual possibilities should be examined.

Is an automated sanctioning check enough?

She's a tool. Results must be assessed in a qualified manner; Property, control, end-use and circumvention risks are not fully covered by a mere name comparison.

Is the electronic transmission of documents an export?

Non-physical transfers of software or technology may also be relevant for export control. Content, recipients, access options and target state must be examined in concrete terms.

What is needed for a first test?

A description of the product or service, technical data, information on all parties involved, delivery and payment methods, end-use, existing contracts and scheduled dates. Existing permits and official information should be included.

Legal basis and further official information

• BAFA – Internal Export Control (ICP)
• EU Dual Use Regulation (EU) 2021/821
• Foreign Trade Act
• External Trade Regulation
• BMWE – Questions and Answers on Russia Sanctions

Legal status: 1 November 2026. The classification of concrete facts requires an examination of the applicable regulations and circumstances.

Related topics and next steps

• Anti-money laundering and beneficial ownership
• Supply chains and business partners
• Compliance for SMEs
• Training and workshops

Request advice on the contact page. Briefly describe your request and, if necessary, specify existing deadlines. Scope and remuneration will be agreed prior to commissioning.