Practice areas
Below, our main though not exclusive areas of expertise and experience.
Export Control & Controlled domain
Our skills
Custax & Legal supports companies at every stage of the life cycle of their data, technologies, services, products or goods:
Audits, advice and training
- Helping to optimise/organise or set up an Export Control department or outsourced EC Officer function
- Compliance audits, and determining compliance or improvement plans
- Logistics audits and third-party functions: risk mapping, analysis of supply and distribution chains and assessment of procedures in place
- Support for Internal Compliance Programs (ICP), operating procedures
- Contracts: Drafting or adaptation of contracts to take account of export control risks, review of contractual clauses, creation of a reference framework (list of standard clauses)
- Assistance with the choice of tools: classification, electronic marking, product classification reference database, screening of legal entities or individuals, etc.
- Training and cross-functional involvement of all the company’s functions (“break silos”) and definition of the roles and responsibilities of each person in the internal procedures
- Specific training: support for purchasing teams and sales forces, teaching approaches vs. customers
- Regulatory monitoring on the entire French, European, American perimeter, etc. but also UNO, NATO, etc.
Compliance by design
- Classification of items
- Tangible and intangible items (data, technologies, information, technical assistance, services, etc.)
- Military equipment, War Marterial/A2 equipment, and other similar equipment
- Dual-use goods
- Encryption solution / ANSSI controlled
- Understanding and taking account of foreign regulations and controls: United Kingdom, United States (US ITAR, US EAR, OFAC)
- Dual-classifications vs. Foreign regulations
- Controlled area:
- Restricted, NEO Restricted
- PPST: help with characterisation/classification and declaration of Scientific and Technical Potential
- EU/ESA Restricted
- NATO Restricted
- OCCAR Restricted
- Other regulations: AEPE, R226, LPM, IGI1300, RGPD, NIS2, ii901 …
- Support for the implementation of the 5 pillars of compliance for the management of regulated or controlled intangibles:
- Assisted characterisation, classification and electronic marking
- Management of authorisations/mandatory declarations
- Authentication of users and control of access to controlled regulated elements
- Enterprise architecture and security in compliance with technical requirements (e.g. ANSSI)
- Traceability/accountability and reporting of controlled intangible flows, and archiving of flows
- Drafting and implementing internal procedures tailored to the company:
- Classification referential
- Adapting business procedures
- Reviewing the project or product life cycle
- Guidelines and methods for each company function
Operational assistance
- Due diligence procedures, KYC and SCP checks, opportunity studies and risk assessment with regard to embargoes and economic and international sanctions in force
- Determination of fees and declarations to the authorities
- Assistance in license or authorisation application
- Assistance with applications to the relevant authorities in France (SGDSN/DGA, SBDU, ANSSI, Home Office), the UK (ECJU) and the USA (DoD, BIS, DoT/OFAC)
- Support to determinate “catch-all” clause applicability
- Assistance in understanding, implementing and monitoring the conditions for obtaining and monitoring licenses
- Specific consultancy in defining Information Security Assurance Plans – PASSI
- Assistance in managing the flow of goods or after-sales (repairs, retrofits), which may be supplemented by assistance in customs law and engineering (use of inward or outward processing arrangements for repairs).
Data Privacy
- Managing and organising personal data protection
- Defining the roles of the data controller, data processor and data protection officer
- Analysing the impact of data protection
- Managing DAROs (Requests for Access Rectification Opposition) and other access requests
- Notifying and responding to incidents
Our experience
As a French member of the international TTA (Trusted Trade Alliance) network, Custax & Legal offers a solution tailored to its customers’ needs, thanks to a multidisciplinary team of lawyers and expert engineers able to operate anywhere in the world.
- Training and awareness for inter-professional organisations and unions, chambers of commerce, etc.
- Export control awareness-raising training for manufacturers outside France in Europe (e.g. German food industry leader)
- Operational support for one of the leaders in the space sector, in the management of specific issues relating to the sector, and procedures for obtaining the relevant authorisations.
- Assistance with classification and decommissioning (military and dual-use goods) for French companies in the aerospace sector
- Assistance to French and UK companies in managing their export control procedures in the context of Brexit
- Assistance to French companies in obtaining export licenses for goods subject to the “catch-all clause”
- Advice to French companies in obtaining export licenses for goods subject to the “catch-all clause”. all clause”
- Advising French companies in the nuclear sector on assessing the risks associated with the sanctions imposed on Russia
- Export control training and advice for leading companies in the nanotechnology sector
- Assisting companies based outside the European Union with transfers of controlled information to France
- Training and assistance in setting up internal compliance programmes for companies based in Germany – …
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