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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

Advice on inspections or audit by the authorities.

  • Support (including on an emergency basis) in the event of formal audits by the supervisory authorities:
    • DGA, ANSSI
    • SBDU
    • Customs
    • Criminal inspections
  • Set up and lead a response team using the company’s resources
  • Define “Reflex” cards for dealing with an inspection

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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