Regulatory & International Trade | RIT
Helping businesses clear legal regulatory hurdles in Europe
Regulatory & International Trade | RIT
Regulatory & International Trade | RIT
Helping businesses clear legal regulatory hurdles in Europe
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Securing Strategic Sectors: Insights from McDermott’s Defense & Essential Infrastructure Roundtable

by , , , , and | Nov 14, 2025 |

In October 2025, McDermott Will & Schulte hosted its Defense & Essential Infrastructure Roundtable, convening leading voices from across government, industry, and finance to discuss the challenges facing Europe’s most sensitive sectors.

The session featured insights from McDermott partners Sabine Naugès, Bertrand Delafaye, Charlotte Michellet, Guillaume Kellner, Romain Desmonts and Romain Perray, who examined how organisations can anticipate regulatory shifts, manage information security, access financing, address fiscal constraints, and strengthen resilience in an era of heightened geopolitical and technological risk.

We were delighted to welcome Nathalie Grimbert, Head of the SME Support Office for the Defence Industrial and Technological Base (BITD) within the Directorate General of Armament (DGA) at the French Ministry of Defence, who shared valuable insights into the government’s role in reviewing foreign investment applications and safeguarding national strategic interests.

While the roundtable covered diverse topics, one central message emerged: operating in or investing in strategic industries demands foresight, coordination, and an ability to navigate complexity across every dimension — legal, financial, and operational.

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Quarterly Sanctions Update | Q3 2025

by , and | Sep 19, 2025 | , ,

The third quarter of 2025 marks greater coordination between the European Union and United Kingdom on sanctions, specifically with respect to lowering the price cap on Russian oil, broadening the range of targeted individuals and entities, and introducing new measures against sanctions circumvention via third countries.

Key developments also include new sectoral restrictions, expanded export control powers, targeted guidance for high-risk industries and jurisdictions, and increased enforcement focus.

Beyond Russia, both the European Union and United Kingdom maintained pressure on Belarus, Iran, and Libya, with the UK also proscribing Palestine Action as a terrorist group.

In this update, our global team provides an in-depth look at key developments introduced between June and August 2025, highlighting what these changes mean for businesses across affected sectors.

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Understanding French Export and Re-Export Prohibitions: Ministry of Armed Forces Releases FAQ on Non Re-Exportation Certificates

by and | Nov 22, 2024 | ,

On October 10, 2024, the French Ministry of Armed Forces released an FAQ relating to a Non-Re-Exportation Certificate (NRC), available in French here (FAQ). This document provides practical guidance to military companies exporting equipment covered by the prohibition on export or re-export to sanctioned countries. The FAQ complements the existing guidelines for completing certificates required by French authorities (see here).

Concerned companies should be mindful of consulting the FAQ when preparing their NRCs. It is crucial to closely follow the guidance from the French Ministry of Armed Forces in order to avoid any follow-up questions which may delay the transaction or trigger any further investigation from the French authorities. This is particularly important in circumstances where sanctions regimes, notably against Russia, are becoming increasingly significant and more strictly enforced (read our latest update here).


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Extended Screening of Foreign Investment in France: A Risk of Incompatibility with Company Law?

by and | May 7, 2024 | ,

Control of foreign direct investments in France (FDI) has been steadily tightened since 2014. The provisions of Articles L. 151-3 and R. 151-1 et seq. of the French Monetary and Financial Code (CMF), as supplemented by the Decree of December 31, 2019, organize this national screening mechanism based on the prior authorization of certain investments in sectors and activities considered sensitive.

In 2022, of the 131 FDI authorized, 70 were conditionally authorized, not without question as to the compatibility of these commitments with the free movement of capital and company law.

1. The filtering of FDI justifies questioning its compatibility with European requirements, as the European Commission or the Court of Justice is likely to consider it too restrictive. Moreover, it is by no means certain that all commitments imposed by the Minister of the Economy on the foreign investor in order to obtain authorization will pass the proportionality test of the Court of Justice of the European Union (CJEU).

The control of FDI in France is triggered when three cumulative conditions are met:

i. The investor is deemed a foreign investor within the meaning of Article R. 151-1 of the CMF, i.e. any individual of foreign [...]

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