Direct Commercial Sales (DCS) + Foreign Military Sales (FMS)
Leveraging a one-of-a-kind team including industry veterans with unparalleled experience as former founders and C-Suite executives of high-growth global aerospace, intelligence, and defense companies, Fluet attorneys advise clients on all facets of structuring, negotiation, and execution of complex and highly regulated Direct Commercial Sales (DCS) and Foreign Military Sales (FMS) transactions. Our attorneys have significant experience with hybrid programs where the core products are sold through a DCS transaction, and certain highly sensitive technologies are procured by the end-user through an FMS case. As partners in our clients’ successes, we advise on risk management and profit maximization regarding all aspects of structuring and executing a successful program.
Fluet’s International Trade Practice assist clients through:
- Structuring the program and supporting transactions to be executable, legally compliant, and supportive of strategic objectives.
- Developing and implementing a U.S. Government (USG) export approval strategy and performing USG export compliance and anti-corruption training and monitoring.
- Developing and implementing a comprehensive strategy for political and industry outreach.
- Advising on and developing a comprehensive financial and pricing strategy and advising on payment terms and program cash flow.
- Advising on all banking matters, letters of credit implementation, and bonding.
- Preparing and negotiating all necessary agreements, including pre-bid agreements (e.g., non-disclosure agreements and teaming agreements), customer-facing contracts, and supply chain contracts.
- Advising on and structuring strategic relationships with in-country partners, including marketing agreements, representation agreements, and joint ventures.
- Advising on counter-trade and offset requirements to include the United Arab Emirates’ Tawazun Economic Program.
- Developing and implementing program quality assurance strategies.