Defense & Security core competences
German Foreign Trade and Payments Act (AWG) – sector-specific screening procedures
Acknowledged experts in investment auditing. CMS has many years of experience with German and international investment screening procedures, among them numerous intensive main screening procedures including the negotiation of security agreements in the sector-specific area.
Export control and sanctions
The global trend towards more regulation and the realignment of security policy strategies are leading to increased controls and increasingly short-term changes to export control and sanctions regulations. CMS lawyers are recognised experts in the area of export control and sanctions and will support your company, whether as a sparring partner in complex matters or as an outsourced export control department.
M&A
CMS offers first-class expertise in M&A transactions in the defense & security sector – we navigate carefully through complex regulatory requirements and ensure the smooth and legally compliant success of transactions through comprehensive due diligence and risk assessment, detailed risk management as well as tailor-made solutions.
Public procurement law
Procurement procedures in the security and defense sector are subject to strict national and international requirements. The CMS experts advise companies comprehensively on public calls for tenders, the awarding of defense and security contracts and special procurement procedures.
Offset business
CMS is experienced in preparing expert assessments of the permissibility of offset agreement structures. We advise our clients in all types of offset business – direct offsets such as co-productions, subcontracts and indirect offsets such as purchases, offset exchanges; direct or indirect: FDI, technology transfer, licensed production, support for lending, training, research and development.
Compliance
CMS lawyers have extensive experience in the development, implementation and optimisation of compliance management systems, including in companies in the defense industry, thanks to expert knowledge of procurement, export, foreign trade and war weapons control regulations in the area of preventive compliance. The compliance management systems developed by CMS include risk management structures to ensure correct business relationships with public bodies, including compliance due diligence processes and business partner screenings.
ESG & Sustainability
CMS helps its clients with the challenging task of developing an appropriate ESG strategy for the company between statutory obligations, soft law and stakeholder expectations as well as – last but not least – the interests of the company. We monitor relevant regulatory amendments at national and international level and implement them in ESG guidelines.
Protection of classified information and security clearance
The protection of confidential and security-relevant information is key for companies in the security and defense industry. Strict legal requirements, in particular the German Classified Information Ordinance (VSA), require clear processes and legally secure structures in material and personnel security. CMS experts provide comprehensive advice on the legally compliant implementation of measures to protect classified information in order to fulfil government requirements and optimise the protection of sensitive data.
Procurement & Production
Procurement and production in the defense & security sector are subject to complex regulatory requirements. Not only must companies observe strict procurement, export and (product) compliance requirements, but they must also strategically secure their commercial contracts and intellectual property (IP). CMS advises on the legally compliant design of procurement and production processes so that companies in the security and defense sector can operate efficiently, innovatively and in compliance with the law.
Legal experts for Defense & Security core competences
Local market knowledge. Global outlook
We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.
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