What’s in Instex, the announced “SPV”?

February 4, 2019

The Ministers of Foreign Affairs of France, Germany and United Kingdom have announced the incorporation of the Special Purpose Vehicle “SPV”, the entity intended for channeling the payment flows between EU/Iran – through a barter like mechanism – with the purpose of saving the related import/export operations from the application of U.S. secondary sanctions. Continue reading What’s in Instex, the announced “SPV”?

Encryption in France

Preventing unauthorized access to information or data can be a matter of life or death, and certainly when it goes about our most vital infrastructure like the communications network, the power grid and the health systems. Encryption is essential to security. However, while encryption is used by most ICT users everyday, the legal framework for the right to encryption can differ widely from one country to the other, making it challenging to understand and comply with encryption laws and policies internationally. With this post, Raphaël Barazza focuses on the national controls on encryption in France.

Continue reading Encryption in France

Daniel Reisner

Partner, HERZOG FOX & NEEMAN

Daniel Reisner joined HFN in 2008 as the firm’s Public International Law, Defence and Homeland Security partner.

Daniel is widely-recognized as one of Israel’s leading Public International Law experts, a result of his 19-year career in government in this field, 10 years of which (1995-2004) he served as Head of the Israel Defence Force’s International Law Department. In this capacity, Daniel was the senior lawyer responsible for advising the Israeli leadership on a wide variety of international-law related issues.

In addition to the above, from 1994 onwards, Daniel served as a senior member of Israel’s peace delegations with both Jordan and the Palestinians, working in the triple role of negotiator, legal advisor and drafter. In this capacity, he advised Prime Ministers Rabin, Peres, Netanyahu, Barak and Sharon, and participated in all of the negotiation sessions and summits, including those in Amman, Wye River, Camp David and Taba.

Following his retirement from government service, Daniel opened his own law firm, focusing on representing international clients (both private and governmental) in two specialist fields: commercial and regulatory aspects of large-scale Defence and Homeland Security projects; and (more uniquely) a diverse range of public international law issues. In 2008, Daniel’s firm merged into HFN.

As a result of his diverse background, and in addition to his Public International Law expertise, Daniel is today also viewed as a leading authority on Israeli defence and other regulatory regimes, specializing in advising and representing private clients in their relations with the Israel Ministry of Defence and other regulatory bodies.

Parallel to his professional career, Daniel has also pursued an active academic career. He teaches in three of Israel’s leading academic institutions, has published articles on a variety of issues and is a highly sought-after lecturer and panelist, both in Israel and abroad.

Concurrently, he continues to advise the senior members of the Israeli government on a variety of issues relating to the Middle East peace process and security issues.

Gerard Kreijen

Senior associate, Loyens & Loeff, Amsterdam

Gerard Kreijen (PhD), attorney at law, is a member of the Corporate practice group and co-heads the International Trade team. He specializes in public international law, with a particular focus on sanctions and export controls, the law of foreign investment, and anti-bribery and corruption issues. With respect to sanctions and export controls he advises companies active in e-commerce, aircraft manufacturing, the defense industry, the shipping and logistics sector, software development, and the renewables sector.

Jaime Alonso Gallo

Partner, Uría Menéndez

Jaime Alonso joined Uría Menéndez as a partner in 2013. He previously worked for Estudio Jurídico Rodriguez Mourullo, one of Spain’s most renowned criminal law firms.

Based in the Madrid office, he specialises in white collar crime and, in particular, crimes related to listed companies and financial markets, tax fraud, urban planning and environmental crimes, and criminal compliance (compliance programmes, anti-bribery compliance, internal investigations, etc.).

He has represented clients as a criminal defence lawyer in many of the most important white collar crime cases in Spain in the last fifteen years, including some of the most relevant in the following areas:

  • Tax evasion crimes
  • Offences related to financial and accounting matters involving listed companies
  • Fraud
  • Insider trading
  • Urban planning and environmental crimes
  • Offences relating to public servants and corruption

Edurne Navarro Varona

Partner, Uría Menéndez

Edurne Navarro is the partner in charge of the Brussels office of Uría Menéndez. She joined the firm in 1992 and became a partner in 2002.

Her practice focuses on EU and Spanish competition law (principally merger control, state aids and cartels), as well as trade law (mainly antidumping and rules of origin). She acts for Spanish, European, North American and Asian undertakings in sectors such as telecommunications, energy, transport, pharmaceuticals, defence and banking.

Edurne is regarded as a leading lawyer by the main international legal directories, such as, Chambers & Partners, PLC and International Who’s Who of Lawyers, among others.

Raphaël Barazza

Avocat à la Cour

Raphaël Barazza represents domestic and international clients in a wide range of trade-related legal matters. Before establishing his own highly specialised law firm, engaged in all aspects of trade, he built up more than eight years’ experience in international law firms.

He acts for clients in customs investigations and audits and advises on various compliance matters, including: duty preference regimes; tariff classification; export controls, including advice on dual-use export and import, encryption and technology; antidumping; technical compliance; counterfeit; excise; green taxes (TGAP/TIPP); VAT; international sales contracts; licensing, agency, and manufacturing agreements. Mr. Barazza has developed specific significant experience in export control matters and regularly assists clients facing audits or in the implementation of compliance processes.

Mr. Barazza advises businesses engaged in international commerce and has field experience in representing technology, textile, car, chemistry, pharmaceutical, and energy industry organisations before the French and European import/export administrations and courts.

Mr. Barazza’s expertise also covers customs valuation matters: litigation and negotiation before the French Customs General Directorate; drafting agreements for global companies; optimization of value, royalties, buying commission; prejudicial questions before the ECJ.

He lectures extensively on customs law matters at Paris V René Descartes University (both graduate and Masters degree students) and performs professional training in customs litigation to customs brokers, customs directors and other business executives (he is a former professional instructor at Wolters Kluwer and Lamy Formation).

He is an Observer at the World Customs Organization, Technical Committee of Customs Valuation. He participates in lobbying operations – for example, regarding the Union Customs Code.

He is a member of the International Chamber of Commerce, Customs and Trade Committee.

Mr. Barazza is registered at the Paris Bar and holds a Masters degree in International Business Law from Paris I Panthéon Sorbonne University and a Masters degree in Export Practice and Law from Paris V René Descartes University.

He is fluent in French, English and Italian.

Marco Zinzani

Attorney, Studio Legale Padovan

Marco Zinzani is a member of the Bar of Milan (Italy). In 2012 he joined Studio Legale Padovan in Milan (Italy), where he practices in the areas of international export control and sanctions, European Union law and construction law. He regularly speaks at professional and academic conferences and seminars on EU Law and policies. He has experience in providing legal advice to public sector organizations.

Marco Zinzani holds a law degree cum laude (2005) from ‘Tor Vergata’ University in Rome (Italy). From 2001 to 2005, he was a student at the University College ‘Lamaro-Pozzani’ in Rome, with a scholarship of the Federazione Nazionale dei Cavalieri del Lavoro. In 2004 he was an exchange student at the School of Law of the University of Warwick (United Kingdom). In 2007, as a Rotary Foundation Ambassadorial Scholar, he completed cum laude the Advanced Professional Master (MIC Programme-LL.M.) in Comparative, European and International Law at Maastricht University (the Netherlands), specializing in European Economic and Social Regulation. From 2007 to 2011, he was a doctoral researcher at the Law Faculty of Maastricht University. He received his Ph.D. in European Union Law from Maastricht University in 2012.
He has taught EU Law at the Maastricht Faculty of Law, Maastricht Faculty of Arts and Social Sciences and at the Scuola Superiore della Pubblica Amministrazione (SSPA-Italian Graduate School of Public Administration). He has been a scholar of the Maastricht Centre for European Law (M-Cel) and a member of the Ius Commune Research School. From 2011 to 2014, he was the academic coordinator of the Jean Monnet European Module ‘Regulatory Networks, EU Agencies and Beyond: the Institutional Frontiers of EU Market Integration’ at ‘Tor Vergata’ University in Rome.

Marco Padovan

Founder, Studio Legale Padovan

Marco Padovan was born in Venice on October 6, 1958.
He started his legal career in 1981 and was admitted to the Italian Bar in 1983. In 1983 he started working at a major American law firm focusing on international law, commercial law, company law, financial law and tax law.
He then joined the Legal Department of the European Investment Bank (EIB) in Luxembourg. From 1993 until 1995 he represented the European Investment Bank in the Board of Directors of the European Bank for Reconstruction and Development (EBRD) in London.
From 1995 until 2000 he was Chief Counsel at the EIB first dealing with Italy and then with the 150 non-European countries where EIB is active.
In 2000 he returned to Italy to act as Project Finance Coordinator Group at a leading American law firm. From September 2001 until December 2002 he was a partner of a prominent Italian law firm.
In December 2002 he founded Studio Legale Padovan. He is a member of the Milan Bar and is also qualified to appear before the higher courts.

Marco specializes in construction law, international trade, export control and international sanctions, M&A, project financing and finance law.

Marco obtained his Law Degree at the University of Rome “La Sapienza” in 1981. He attended the “Anselmo Anselmi” notarial school in Rome (1983-1984); he is an Alumnus of the Academy of International Law of the Hague and obtained a M.A. in International and Comparative Business Law at the London Guildhall University (1995), where he was awarded the “Mary Oliver Memorial Prize” for excellence in Company Law.

Marco lectures on Construction Law at the Master School F.lli Pesenti of Politecnico di Milano (Master program “Project Management of Civil Structures and Infrastructures”).
He is often invited to speak at public conferences and seminars on export control, international trade and FIDIC contracts.

Carolina Dackö

Partner, Mannheimer Swartling

Carolina Dackö is a member of the firm’s practice group Corporate Sustainability & Risk Management. She has 10 years of experience from working in Brussels, mainly at an international law firm, and specializes in international trade law, import and export law, export control and sanctions law, customs law, trade defence measures, WTO law and free trade agreements.

Carolina is active in the firms export control and sanctions practice and helps clients draw up and implement tailored compliance programs. She often assists clients with export control classification and assessments regarding trade bans in risk markets, as well as with internal and external investigations, often involving multi-jurisdictional aspects.

Her practice includes advising on free trade negotiations, such as analysis and preparation of proposals for negotiating texts. She also has experience from assisting in WTO dispute settlement proceedings, and has assisted companies in multi-jurisdictional investigations and preparations.

Within customs law, Carolina assists companies in a wide ranges of customs matters, including customs audits, internal investigations, remission and repayment requests and court proceedings. She helps companies with assessments in import and export matters concerning customs classification, origin, customs valuation, and in questions concerning customs authorisations and certifications (AEO).

Carolina has substantial experience of anti-dumping and anti-subsidy investigations, and represents clients in investigations before the European Commission, as well as in court proceedings in both national and EU courts.