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Trade Law

We are able to collect debts of our clients in the U.A.E. and, together with our GERMELA partners, in the rest of the MENA region. The collection activities in all countries, both pre-litigation and litigation activities, are coordinated by GERMELA  for utmost convenience for our clients.

GERMELA is counseling you as to all questions concerning the propriety of exports of goods abroad as well as payments / receipt of payments. German companies must apply utmost diligence when exporting goods. In case of an export violating applicable sanction law, the consequences of the infringement can be very problematic for the company as well as for the General Manager.

While often the BAfA (Bundesamt für Wirtschaft und Ausfuhrkontrolle = Federal Agency for Economy and Export Control) grants approval of the export based upon the submitted documentation, in hindsight it turns out that the export should not have been approved of. The reason for this is that frequently not all required documents are being submitted to the BAfA. However, the individual responsible within the company is by no means acquitted by this. Negligence suffices already as a reason to initiate misdemeanor or criminal proceedings.

In order to avoid unpleasant proceedings, we support you at every step of the export of goods. And of course, we are at your side in case misdemeanor or criminal proceedings have been initiated against you or your corporation.

Even if employees are assigned with the task to carry out the exports and the approval procedure with the BAfA, the General Manager runs the risks to be personally liable in case of a violation of export or sanction laws. In order to minimize such risks, the implementation of a Compliance-Management-System is recommended. Thus, a corporate system of responsibilities, control, and supervision mechanisms is being created, in order to identify risks early on and avoid mistakes.

Our counselling services are among others:

  • Reviewing compliance of the exports of goods with German and international law.
  • Executing BAfA export declaration proceedings (you don’t have to concern yourself with those proceedings).
  • Defending in case of imminent or initiated misdemeanor or criminal proceedings against the corporation and/or the General Manager.
  • Implementing a Compliance-Management-System to avoid future carelessness in the context with the declaration/export of goods.

Your Expert Contact

Gerhard Horstmann-Wilke
Lawyer, of Counsel
+49 40 284 8404 0

Your Expert Contact

Newsletter Editorial
by Dr. Thomas Wülfing (01/2014)