Entry Point into the EU Defense Market

EU expansion in the defense and ammunition sector is complex, politically sensitive, tightly regulated, and full of hidden friction points. We bring operational insight, legal precision, and direct regulatory access to your target jurisdictions. 

Unlike large consultancies, we don’t just advise — we build your compliance and market-entry strategy from the ground up, securing licenses, aligning with local partners, streamlining processes, and driving approvals through to execution.

Let’s schedule a call to map the fastest, most compliant path into the EU—confidentially, efficiently, and tailored to your risk tolerance and commercial goals.

At Braumiller Law Group and Braumiller Consulting Group, we bring unmatched expertise in international trade, dual-use regulations, and defense compliance. With over 30 years of guiding global manufacturers through complex export controls, our integrated legal and consulting teams don’t just advise, we get you licensed, operational, and compliant in your target EU jurisdiction.

Let’s schedule a call to identify the clearest path forward.
 

✦ About Us Braumiller Law & Braumiller Consulting Group, are premier international trade law and consulting firms delivering end-to-end compliance, legal, and operational solutions to multinational defense and technology companies.

Our global team includes licensed U.S. attorneys, former Empowered Officials, and regulatory experts with decades of experience securing authorizations for complex cross-border transactions involving defense articles, dual-use goods, and sensitive technologies.

We support clients from day one of European expansion—including legal entity formation, export licensing, and regulatory navigation—with specific experience advising on polymer-tip and small-caliber ammunition production.

For U.S. defense contractors exploring European manufacturing, the path forward is anything but simple. National defense laws, EU regulations, and dual-use controls form a dense regulatory landscape. This document serves as a practical guide to planning a compliant expansion, covering the full legal and operational lifecycle.

Unlike firms that simply consult and advise from the sidelines, Braumiller partners with you.  We embed ourselves in your strategy, operations, and execution—guiding every step from entity set-up to license approvals, supply chain alignment, and ongoing compliance. We’re not just advisors. We’re on your team.

Braumiller Law & Consulting Group offers unmatched dual-jurisdictional expertise to assist with:

• EU and national arms control licensing
• Facility setup and local regulatory engagement
• Export classification and EAR/ITAR coordination
• Partner vetting and end-use documentation
• Supply chain compliance and risk mitigation
• Organize legal entities and licenses in different EU Member States
• Be responsible for export controls, FOCI mitigation,  and technology transfers
• ESG, sanctions, and labor risk navigation
• Develop scalable, defense-grade, NATO-aligned operations

 
✦ Core Competencies & Services

Beyond our national-level offerings, we provide full integration with EU regulatory frameworks, helping clients meet both local and EU-wide compliance under Regulation (EU) 2021/821. We support U.S. defense contractors in navigating complex, multi-jurisdictional licensing and operational challenges—especially when structuring CMOs with EU-based manufacturers and subcontractors under U.S. MLAs.

Focus Areas and Key Services:

• International Entity Formation: Legal setup for GmbH (Germany), s.r.o. (Slovakia/Czechia), UAB (Lithuania), sp. z o.o. (Poland), AG (Switzerland), and more
• Export Control & Licensing: ITAR/EAR classification, CJ requests, EU/NATO licensing, MLA/TAA negotiation
• Facility Establishment & Manufacturing: Compliance with NATO standards, labor licensing, cybersecurity (NIST 800-171, GDPR), HR and payroll setup
• Strategic Advisory: Defense logistics, procurement compliance, EU partnership development, tax optimization
• Audit, Monitoring & Training: Country-specific compliance playbooks, U.S./EU blended audit programs, and targeted training on key regulations

 
✦ Our Global Footprint & Network

We have a strong international network of legal, security, and advisory professionals across the EU and allied countries offering in-country support:

  Germany: Support for Bundeswehr suppliers and BAFA brokers

  Switzerland: Coordination with SECO and FedPol

  Czechia/Slovakia: Relationships with CZ Group, Sellier & Bellot, Excalibur Army

  Lithuania: Engagement with MOD, SGCD, and Baltic initiatives

  Poland: Ties with PGZ Group and U.S. FMS contractors

 EU-wide: Multi-jurisdictional engagement aligning with Regulation (EU) 2021/821

Our support for cross-border licensing and audits spans the U.S., EU, UK, Canada, and the Asia-Pacific region, all designed to comply with NATO and allied defense interoperability standards. We bring deep experience in aligning overlapping frameworks—including ITAR, EAR, OFAC, and U.S. State Department Manufacturing License Agreements (MLAs)—with EU Regulation 2021/821 and national arms production and transfer controls.
 

 
✦ Strategic Considerations for International Expansion

Considering taking your polymer ammunition business abroad? Here’s what you need to know:

Should You Expand Internationally?

If you seek increased production capacity, geographic diversification, access to skilled labor, and proximity to NATO/EU customers, international expansion is a strong strategic choice. The EU offers a favorable regulatory framework, government incentives, and political alignment for U.S. defense-sector operations.

Where Should You Consider?

Based on our conversation and analysis, consider:

• • Czechia and Poland for scalable, low-cost manufacturing
  • Germany and Switzerland for precision and regulatory leadership
  • Lithuania and Slovakia for agile, NATO-integrated operations with favorable tax regimes
  • Broader EU for long-term market access and funding via European Defence Fund or PESCO

What Are the Requirements?
You’ll need:

• • A compliant legal structure (e.g., GmbH, s.r.o., UAB)
  • Site licenses for arms and explosives manufacturing
  • National and EU-level export control licenses
  • Environmental and labor compliance certifications
  • ITAR/EAR permissions and MLAs or TAAs for U.S. technology transfers
  • FOCI mitigation if controlled under U.S. defense agreements

How Do You Do It?
Braumiller handles every stage:

• • Market feasibility and jurisdictional analysis
  • Incorporation, licensing, and facility setup
  • Technology transfer and MLA management
  • Cybersecurity, HR, and operational integration
  • Post-launch monitoring and enforcement alignment

Let us help you evaluate feasibility, select the optimal jurisdiction, and deploy a fully compliant operation abroad.
 

 
✦ Integrated Legal Strategy

Braumiller harmonizes operational setup with legal rigor by embedding controls for FDI, sanctions, anti-corruption, and trade compliance into every project phase. Our integrated strategy ensures readiness under U.S., EU, and international law, including ATT, GDPR, and emerging ESG mandates.
 

 
✦ Trade Secret Protections by Jurisdiction

All jurisdictions covered in this statement provide enforceable trade secret protections. The key distinction lies in how protection is applied: trade secrets are not registered rights, and enforcement depends on demonstrable measures taken by the owner to protect confidential information.

Important Compliance Note: Enforcement requires evidence of reasonable protective measures such as NDAs, restricted access protocols, employee training, and secure document storage. Trade secrets are often preferable to patents when longevity, confidentiality, or sensitive technical data are involved.
 

 
✦ Intellectual Property Protection: Trade Secrets vs. Patents

When manufacturing advanced ammunition internationally, protecting intellectual property (IP)—whether proprietary polymer compositions, tooling processes, or ballistic designs—is critical.

• Trade Secrets

• • Pros:
    • No public disclosure required
    • Immediate protection (no filing process)
    • Indefinite duration if secrecy is maintained
    • Useful for manufacturing processes and formulas not easily reverse-engineered

• • Cons:
    • No protection if independently discovered or reverse-engineered
    • Enforcement is harder internationally without a registered right
    • Requires strong internal controls and NDAs across jurisdictions

• Patents

• • Pros:
    • Territorial monopoly for 20 years (if granted)
    • Public and enforceable rights in most countries
    • Deterrence and leverage in licensing or disputes

• • Cons:
    • Public disclosure of sensitive details
    • Expensive and time-consuming to register in each jurisdiction
    • Limited duration and requires renewal /maintenance fees

• U.S. vs. EU and International Protection:
  • U.S.: Strong trade secret enforcement under DTSA (Defend Trade Secrets Act) and patent protections via USPTO
  • EU: Trade Secrets Directive (2016/943) harmonizes civil remedies but requires diligent protection measures; patents granted through EPO or national filings
  • Switzerland: Follows WIPO, has robust IP enforcement, but is not an EU member
  • Czechia, Poland, Lithuania, Slovakia: All aligned with EU IP law and enforce trade secret and patent protections via harmonized mechanisms and court enforcement

Strategic Recommendation:

• Use trade secret protection for manufacturing processes, technical data, and chemical formulation, especially when filing a patent, which would reveal critical know-how.
• Consider patents for outward-facing innovations (e.g., projectile shape, feeding mechanisms) that offer enforceability benefits.
• Combine both approaches and ensure robust NDAs, local IP counsel, and cross-border IP enforcement strategies are built into your operational plans.

 
✦ Operational Readiness Considerations

To ensure a successful and fully compliant international ammunition manufacturing operation, the following elements should be integrated into your planning and execution strategy:

Legal Risk Mitigation & Ethical Framework:

• Develop a comprehensive legal risk matrix per jurisdiction that addresses export controls, sanctions, labor obligations, IP enforcement, and dispute resolution.
• Establish internal whistleblower systems that are compliant with EU Directive 2019/1937, ensuring anonymous reporting and whistleblower protection.
• Assign compliance leads to monitor anti-bribery frameworks, ATT adherence, and defense-sector licensing.
• Secure local legal expertise for FDI screening navigation, public consultation in environmental reviews, and employee classification under dual-use access controls.

Financial Structuring & Cost Modeling:

• Develop capital and operating cost forecasts
• Explore funding options (EU Defence Fund, U.S. Ex-Im Bank)
• Optimize tax planning per jurisdiction (e.g., Swiss cantonal structures, Lithuanian 15% rate)

Logistics, Supply Chain, and Distribution Strategy:

• Map inbound supply chains (raw materials, explosives)
• Secure bonded warehouse and customs facilitation (AEO programs)
• Plan EU/NATO-aligned distribution networks

Insurance & Risk Transfer:

• Secure export liability and facility risk insurance
• Add D&O coverage for U.S. directors involved in foreign ventures
• Explore political risk coverage for sensitive jurisdictions

Sustainability and ESG Compliance:

• Align with EU Corporate Sustainability Due Diligence Directive (CSDDD)
• Prepare environmental impact assessments (EIA) for munitions production
• Implement ethical sourcing and anti-human trafficking policies

Strategic Exit & Transfer Planning:

• Build in M&A, licensing assignment, or equity divestiture pathways
• Establish valuation models and exit triggers

Key Personnel and Licensing Holder Strategy:

• Identify in-country Responsible Officers and explosives license holders
• Align U.S. Empowered Official role with local equivalents for regulatory filings

Communications and Public Affairs Strategy:

• Plan proactive media messaging and government engagement
• Anticipate scrutiny from civil society or anti-defense groups in Europe

These elements ensure a resilient, scalable, and diplomatically sound operation across both defense and commercial ammunition activities.
 

 
✦ What Sets Braumiller Apart

• Embedded U.S. and EU Regulatory Harmonization: We align U.S. and EU frameworks across ITAR, EAR, OFAC, EU Dual Use (2021/821), GDPR, and national defense laws—bridging regulatory silos to enable legally sound and operationally ready production environments.
• Proven Success with Technology Transfers: Our team has implemented and managed complex Manufacturing License Agreements (MLAs) and Technical Assistance Agreements (TAAs) for sensitive defense technologies involving multiple jurisdictions, including those subjected to sanctions, FOCI restrictions, and classified protections.
• Full Lifecycle Execution: We go beyond licensing to handle site selection, land acquisition, security vetting, and post-launch compliance, including authoring country-specific compliance frameworks and internal controls for local teams.
• Defense-Grade Cybersecurity: We deploy data integrity and cybersecurity programs that align with NIST 800-171, CMMC 2.0, and EU NIS2 directives, securing controlled unclassified information (CUI), export-controlled data, and sensitive IP across borders.
• Pre-Cleared, Multilingual Field Support: Our in-country professionals across the EU are multilingual, experienced, and authorized to engage directly with ministries of defense, customs authorities, and national regulators to expedite set-up and resolve compliance challenges.
• Proprietary Playbooks and Toolkits: We deploy country-specific export licensing matrices, risk-based due diligence procedures, and policy templates that reduce the time and cost of implementing robust compliance systems.
• Direct U.S. Government Engagement: Our relationships with DDTC, BIS, OFAC, and the Department of Defense provide early access to policy changes and pathways for expediting licensing and resolving cross-border complications.

 
✦ Why Choose Braumiller

• Proven Experience: Our team includes former executives and in-house counsel from Boeing, Thales, Airbus, Pratt & Whitney, and top U.S. defense primes.
• Global Regulatory Fluency: We bridge U.S. and EU compliance through dual jurisdiction expertise, offering seamless navigation of ITAR, EAR, EU Dual Use, OFAC, GDPR, and local defense laws.
• Hands-On Execution: From filing EU manufacturing licenses to securing TAA authorizations and managing MLAs for contract manufacturing, we lead from strategy to execution.
• Responsive & Adaptive: We customize every engagement to reflect client-specific needs, timelines, and jurisdictions.

 
Let’s Get Started: We deliver jurisdiction-specific feasibility assessments and 360° compliance audits, aligned with the strict regulatory landscape of the EU defense sector. Let’s schedule a call to define the most secure, efficient, and compliant path forward for your market entry and operations. Contact: [email protected], or [email protected]