Contract drafting as a key issue
Logistics companies must meet particularly strict requirements when entering into contracts with the British Armed Forces. These include proof of reliability, expertise and performance, but also – as soon as sensitive areas are affected – confidentiality requirements for classified information. In addition, technical standards of the British Armed Forces (e.g. technical delivery conditions or NATO standards) apply and must be strictly adhered to.
The contracts regularly contain strict security and organisational requirements, such as compliance with the War Weapons Control Act or robust contract fulfilment even under crisis conditions. For companies, this means that they must create structures to reliably provide services even in the event of political tensions, supply bottlenecks or increased security requirements.
In addition, registration on the e-procurement platform is essential in order to be able to participate in tenders at all. At the same time, strict compliance requirements apply, for example in the areas of anti-corruption and export control, which are ensured through regular audits. Anyone who underestimates these requirements or fails to adequately safeguard them contractually runs the risk of incurring economic and legal risks that can quickly reach existential dimensions.
Foreign trade law and compliance
Logistics companies quickly fall within the scope of foreign trade law:
- The transport of dual-use goods or military equipment may be subject to authorisation.
- Embargoes and sanctions lists must be observed – violations are punishable by law.
- Services such as maintenance or IT support abroad may also be relevant under export control law.
Without functioning export control compliance, it is virtually impossible to enter the defence sector.
Utilise funding and networks
The European Defence Fund (EDF) and national programmes such as ZIM promote innovation. Networks such as the BDSV and regional clusters offer access to expertise and facilitate market entry.
Conclusion
- New opportunities: Special Bundeswehr funds create long-term contracts for transport, storage and supply.
- Special requirements: Proof of reliability, expertise, performance and, where applicable, security clearance is mandatory.
- Strict requirements: Contracts contain provisions relating to the War Weapons Control Act and military standards.
- Crisis resilience: Services must be provided reliably even under difficult conditions.
- Compliance obligations: Anti-corruption, export control, embargoes and sanctions lists must be strictly adhered to.
- Funding opportunities: Programmes such as EDF or ZIM and networks such as the BDSV facilitate entry into the market.
- Legal precision: Careful contract and legal review is crucial for success and partnership with the Bundeswehr.
Summary of the keyfacts
- Strict compliance with security and confidentiality requirements, as well as proof of reliability and expertise.
- Fulfillment of technical and organisational standards of the German Armed Forces, even under crisis and defence conditions.
- Compliance with foreign trade restrictions, in particular with regard to export controls, embargoes and licences in accordance with the Foreign Trade and Payments Ordinance.
