Foreign Trade Criminal Defence in Germany
Defence in German sanctions and export-control investigations
Defence in German foreign trade cases
Customs has held a shipment, the bank has blocked a payment or prosecutors are investigating a suspected sanctions breach. In each situation, the first step is to establish exactly what is being questioned. The issue may be a missing export authorisation, a prohibited transaction or the involvement of a listed person.
RATH HAGEN represents companies and individuals in German criminal and regulatory offence proceedings concerning foreign trade rules. We examine the allegation against the business records and represent you before the investigating authorities. Where licensing questions arise, we also take account of the procedure before the relevant specialist authority.
Germany's Foreign Trade and Payments Act (AWG) also covers services, software and technical knowledge. Finance personnel, intermediaries and business partners of listed persons may therefore be affected as well as exporters.
Transactions that may be prohibited
For an export, the starting point is the product. A machine used for civilian purposes may require a dual-use authorisation. Military goods are subject to their own rules. EU sanctions may additionally prohibit a shipment or its financing, so the recipient and intended use need examination alongside the technical characteristics.
A sanctions listing often prompts a bank to block a payment. The inquiry may extend to people who control the immediate recipient or benefit indirectly from the transaction. A bank alert is initially a reason for further checks. We establish whether the transaction was prohibited by examining the parties involved, the applicable rules and any authorisations or exceptions.
What an AWG case may mean for you
Investigators must establish who is responsible for the alleged breach. For directors, export-control personnel and employees, this requires examination of their individual duties and decisions. Their information at the time and the degree of fault required by law also matter. If the company's interests conflict with those of its employees, separate legal representation may be necessary.
The company may face a fine and the loss of goods or proceeds. A sanctions-based asset freeze has separate requirements. We obtain the investigation file and use the business records to assess whether the measures are justified and how they can be challenged.
Questions about instructing us
Discuss your case confidentially
Briefly explain the matter and whether an authority is already involved. We will discuss the assistance you need.