Defense

Defense policy has become a key driver of economic growth in today’s environment, characterized by increasing international interdependencies and heightened geopolitical tensions.

Beyond strategic and military considerations, it directly supports and redeploys industry, innovation, and employment. This is achieved in particular through expanded public procurement, increased domestic and foreign investment, and the protection of critical infrastructure and systems.

In this context, both public and private stakeholders operate within a complex framework shaped by the intersection of national, European, and international legal regimes, alongside heightened requirements relating to sovereignty, compliance, financing, project structuring, and the protection of sensitive data and systems.

De Gaulle Fleurance supports clients in the design, structuring, and securing of these operations through a cross-disciplinary, sector-focused approach.

Defense Procurement: A Dedicated Legal Framework Serving Sovereignty

Industrial revitalization through defense relies on specific legal mechanisms that enable the State to adapt its contracting practices to sovereignty considerations.

This framework lies at the intersection of public procurement law and the specific rules applicable to defense and security contracts, derived in particular from the Defense Code and European law.

These mechanisms include:

• The ability to derogate from standard competitive tendering rules on grounds of essential security interests
• The use of negotiated procedures with operators authorized to handle sensitive information
• The integration of sovereignty requirements into public procurement (e.g., localization of industrial capabilities, supply chain security, control of critical technologies), particularly in cross-border supply chains

They also interact with other regulatory regimes, such as foreign investment screening in strategic sectors and export controls on defense equipment, including technologies and information systems.

In this environment, companies must master these frameworks and align closely with the expectations of national and supranational authorities to secure access to strategic markets.

Defense Sector Financing: Removing Barriers and Securing Transactions

The growth of the defense industry requires increased reliance on private financing. However, financial institutions remain cautious due to regulatory constraints and risks associated with certain activities, particularly those involving military equipment, dual-use goods (civil and military), and critical digital infrastructure.

These transactions are governed by a demanding regulatory framework combining national, European, and international rules on export controls, international sanctions, cybersecurity, and information system compliance.

Mastery of these regimes is essential to secure financing and successfully execute projects.

Reindustrialization and Regional Development: Building Sustainable Ecosystems

Defense policy plays a key role in territorial reindustrialization by promoting the relocation of strategic activities and revitalization of industrial regions.

These projects go beyond the establishment of industrial sites: they require the development of comprehensive ecosystems, including transport infrastructure, housing, public services, and regional attractiveness, with close coordination between industry, government, and local authorities.

Their complexity lies in the interaction of multiple legal, economic, and operational issues across different territorial levels.

Project Security: Anticipation and Lifecycle Management

Defense-related projects are inherently complex, involving multiple stakeholders, specific legal frameworks, public service constraints, a growing volume of intangible assets, territorial considerations, financing requirements, and long development and implementation timelines.

Their success depends on the ability to coordinate these dimensions consistently across jurisdictions, from early-stage planning through execution. Effective lifecycle management is critical not only to project success but also to the long-term sustainability of the company.

Dual-Use Goods: Managing Strategic Development

The dual-use economy is central to the defense sector. It provides flexibility, fosters innovation, expands financing opportunities, and enables export potential.

Dual-use goods operate within international economic and regulatory frameworks and require tailored legal support combining rigor, flexibility, and strategic insight.

Legal risk is heightened because classification thresholds determine the applicable regulatory regime. Businesses must continuously assess which production, export, and import regimes apply, as these may evolve over time and across jurisdictions.

Digital Strategy, Cybersecurity, and Protection of Critical Entities Across the Value Chain

Our firm assists public and private defense sector stakeholders in defining and implementing legally robust and secure digital strategies.

Our experts operate across the entire value chain, in coordination with relevant stakeholders (including suppliers and clients), to anticipate, prevent, and manage risks related to physical threats and cyberattacks affecting information systems and sensitive data.

We support critical entities in regulatory compliance and governance of digital infrastructures, including the development, governance, and use of data platforms and AI systems.

In the event of an incident, we deploy coordinated and responsive defense strategies combining advisory expertise and litigation capabilities. We also assist with risk prevention, including tailored training and contractual and regulatory audits.

Our integrated approach is designed to ensure resilience and long-term security of strategic operations.

International Reach and Mobilization Capability

Our practice is strongly international in scope.

Through longstanding, trusted relationships with leading law firms worldwide involved in the defense sector, we are able to lead multinational projects or rely on local expertise as needed, providing top-tier legal capabilities across key jurisdictions.

We develop integrated strategies covering investments, export controls, cross-border movement of sensitive goods and technologies, as well as litigation and arbitration.

Our teams ensure continuous monitoring and rigorous implementation of applicable international sanctions regimes.

We coordinate closely with our foreign partners to deliver a collaborative, pragmatic, and secure approach in complex and evolving regulatory environments.