Defence and Aerospace“Uría is undoubtedly one of the most highly regarded firms for technical excellence and the provision of creative and innovative solutions.” (Chambers Europe, 2011)
Industry expertise: full range of defence related advice
Our expertise is the foundation for providing our clients in the defence sector with a full range of legal services in the most relevant areas of law related to the defence industry (commercial M&A, public and regulatory, contractual and financing). We have consolidated experience having advised the sector on foreign investments, the drafting and negotiation of industry contracts, the negotiation and establishment of strategic alliances by means of joint ventures or teaming agreements, in all aspect of the procurement (including regulatory and classification requirements prior to contracting), defence and dual use products’ import and export controls, and the review and appeal of administrative resolutions.
We also have a consolidated practice in the structuring and financing of highly complex projects in a variety of sectors (aerospace among them), including the most innovative forms of project finance such as those associated to public-private partnerships (PPP) that should play an important role in the defence sector.
We offer our clients extensive experience in the following areas within the defence sector:
Advice to the investor
- Advice on foreign investments in companies engaged in defence related activities, and how to obtain the government authorization required to invest in Spanish companies operating in the defence sector.
- Legal framework of the defence activity. Compliance.
- Due diligence for investing and financing purposes.
- Selecting the appropriate vehicle for the investment.
- M&A transactions among defence companies or in the defence or associated sectors.
- Joint venture agreements and setting up of special purpose vehicles for tenders.
- Teaming agreements to develop joint strategies regarding products and systems.
- Registration of companies in the relevant sectorial registries, Directorate of Armament’s Registry of Contractors and other regulatory requirements related to security of information.
- Advice regarding classification to enter into contracts with the Spanish Public Sector.
- Dealings with regulatory authorities.
- Advice on import/export controls of defence and dual use products as well as compliance with related requirements.
- Advice in connection with export procedures (CESCE structures included).
Procurement contracts expertise
- Advice on participation in public tenders for defence programmes.
- Advice regarding agreements to set up appropriate vehicles (UTE, AIE, EEIG, corporations, etc) to submit joint bids for procurement tendering.
- Procurement terms and conditions for services, supply and PPP contracts.
- Negotiating integrated logistics support contracts for life cycle and establishment of platforms.
- Advice in connection with the review or appeal of procurement resolutions.
Intellectual property and know how protection
- Review of terms and conditions in procurement processes and drafting of clauses for the protection of know-how and intellectual property.
- Negotiation of license assignment, distribution and disposal agreements.
- Dispute resolution on matters of intellectual property.
- Industrial cooperation requirements and proposed industrial plans to be included in tenders.
- Industrial cooperation agreements (Acuerdos de Cooperación Industrial).
Public private partnership
- Agreements for the setting up of special purpose vehicles for PPPs.
- Advice on procurement processes associated to PPPs.
- Advice on project finance structures and requirements for PPPs.