Practice Areas
Dr. Maria Brakalova is a partner in Dentons' Berlin office and a member of the Competition, Antitrust and Regulatory Practice and of the Public Procurement Practice. She focuses mainly on foreign trade law and public procurement law.
Maria advises on export control matters, appearing before regulatory authorities in Germany. She supports clients in setting up or improving their internal export control compliance organization. She also advises clients on the practical implications of EU/German as well as US sanctions on transactions relating to Russia, Belarus, Iran, Venezuela and other sanctioned countries. Another major area of Maria’s expertise in foreign trade law relates to foreign direct investment control (FDI control). She supports in particular foreign investors and German targets on the implications of FDI control on M&A transactions and prepares the clearance process, closely interacting with the Federal Ministry for Economic Affairs and Energy (BMWE). She is leading the global FDI group at Dentons and participates in the FDI review of complex multi-jurisdictional transactions.
Maria is founder and chairwoman of the working committee “Export Control/Sanctions” of the German Institute for Compliance (DICO).
Apart from her foreign trade law expertise, Maria has substantial expertise in public procurement law. She advises bidders in public procurement procedures, in particular in the IT, healthcare and energy sectors and supports contracting authorities and sector contracting entities regarding the preparation and the execution of public procurement procedures, as well as with regard to specific procurement law issues.
Publications
Latest articles (Selection)
Co-author, “EU Commission proposes significant amendment of foreign investment screening framework: What could this mean for investing in Germany?,” Dentons client alert, February 28, 2024
Co-author, “More German IT / Telecommunication companies become operators of critical infrastructure – Foreign investments may trigger FDI notification requirement!”, Dentons client alert, October 29, 2021
“Major reform of Foreign Direct Investment rules in Germany,” Dentons client alert, April 30, 2021
Launch of Dentons’ Foreign Direct Investment (FDI) Global Tracker, November 27, 2020
“Update on Foreign Direct Investments in Germany - What happened to the “critical technologies”?,” Dentons client alert, October 29, 2020
Co-author, “Kuka war gestern – Neue Rahmenbedingungen für ausländische Direktinvestitionen in Deutschland,” Compliance Berater, September 2020
Co-author, “Ownership and control: What do they mean?,” WorldECR, Issue 91, July-August 2020
“Update on Foreign Direct Investments in Germany – Who is afraid of a foreign investor?,” Dentons client alert, July 20, 2020
“COVID-19 speeds up tightening of the German foreign direct investment rules – What has happened since the outbreak of the COVID-19 crises in Europe/Germany?,” Dentons client alert, May 2020 (updated June 2020)
“Update on Foreign Direct Investments in Germany – The next tightening of the Foreign Direct Investment Rules is within reach on the horizon,” Dentons client alert, February 2020
Co-author, “Germany’s Chapter in Sanctions in Europe,” WorldECR’s guide to Europe’s sanctions regimes, January 2020
Books
Wege zur Reformierung der Europäischen Verfassungsgerichtsbarkeit unter besonderer Berücksichtigung der Osterweiterung und der Erfahrungen in “losen” Föderationen, 2008
Experience
Foreign Trade Law / Foreign Investment Control (Selection)
Pharmaceutical companies/medical device manufacturers: Advising on export control and sanctions law (with a focus on Russia and Belarus sanctions) as well as strategic advice on the enhancement of the internal export control compliance program.
Jacobs Solutions Inc.: Advising on foreign investment control rules, including obtaining FDI-clearance, in respect of the spin-off of Jacobs' Critical Mission Solutions and Cyber & Intelligence government services businesses and the merger of those businesses with Amentum Parent Holdings LLC.
Enbridge Inc.: Advising on foreign investment control rules in respect of the acquisition of CPP Investments' (Canada Pension Plan Investment Board) 24.45% stake in the German offshore wind farms Hohe See and Albatros for a total consideration of € 625 million.
Flowserve: Advising various German Flowserve companies on export control issues.
PlanQC GmbH: Advising on export control and sanctions law, in particular in the context of Dentons’ overall advice for the application for the award of the contract for the construction of the first digital quantum computer based on neutral atoms in Europe by the German Aerospace Centre (DLR).
Intapp Inc.: Advising on foreign investment control rules in respect of the acquisition of the Berlin-based AI software company delphai.
MEAG/DigitalBridge/Infranity consortium: Advising on foreign investment control rules in respect of the acquisition of a portfolio of European data centres from Vantage Data Centers, a leading global provider of hyperscale data centres.
Dutch bank: Sanctions compliance advice with regard to EU/US/UK sanctions.
Shareholders of ancosys GmbH: Advising on foreign investment law issues in respect of the US$100 million sale of ancosys GmbH, a global provider of chemical analysis and measurement solutions for advanced semiconductor manufacturing, to Nova Ltd.
International Chemical Investors Group (ICIG): Advising on the acquisition of the compound business of Benvic Group SAS from PVC Europe Group S.a.r.l. reviewing a variety of jurisdictions from a foreign investment control law perspective.
5N Plus Inc.: Advising 5N Plus Inc., a leading global producer of specialty semiconductors and performance materials, on foreign investment law issues in respect of its acquisition of AZUR SPACE Solar Power GmbH.
Aves One: Advising Aves One AG and several subsidiaries on the sale of their entire maritime container portfolio to a fund managed by the investment company Oak Hill Advisors.
Global chemical company: Advice on export control and sanctions law (under EU and US law) and strategic advice on the further development of internal export control compliance.
International plant manufacturer: Advising on sanctions law with regard to Venezuela.
KPS Capital Partners: Advising this global private equity firm on its acquisition of Glasgow-headquartered Howden from Colfax Corporation for an enterprise value of US$1.8 billion.
Chinese manufacturer of environmentally friendly technologies in the energy sector: Advising on foreign trade law and assistance in the foreign investment review by the German Federal Ministry for Economic Affairs and Energy for the acquisition of a German manufacturer of semi-finished metal products and lead/tin equipment.
Goldwind: Advising the Beijing-headquartered Goldwind, a world-leading wind turbine technology and energy solutions provider, on German foreign investment law issues in respect of its £21 million subscription for shares in Oxford Photovoltaics Limited.
Enbridge Inc: Advising as the exclusive legal advisor on the monetization of a 49 percent interest in a portfolio of select renewable power assets in North America and Europe through a newly created joint venture with the Canada Pension Plan Investment Board (CPPIB). Under the terms of the agreements for this $2.25 billion investment, CPPIB will fund its 49 percent pro-rata share of the remaining construction capital required to complete the wind projects that are scheduled to come into service at the start of 2020.
US infrastructure private equity investor: Foreign trade law advice and assistance in the foreign investment review by the German Federal Ministry for Economic Affairs and Energy in connection with a change in the ownership structure of an international group of companies offering network infrastructure.
Leading developer and operator of data centers: Advice on foreign trade law and assistance in the foreign investment review by the German Federal Ministry for Economic Affairs and Energy for the sale to a US real estate investment fund.
Leading Asian energy supplier: Advising on German foreign investment rules in connection with a bidding process for the acquisition of a globally active energy supply company.
Global leader in specific technology for specialty chemicals and specialty materials: Providing foreign trade law advice, in particular with regard to export of dual-use products to embargoed countries.
Leading logistics company: Advising on foreign trade law – in particular on sanctions law regarding Iran.
Company in the industrial engineering sector: Advising on customs and import law and legal representation in comprehensive investigation proceedings by a main customs office.
Leading cybersecurity producer: Advising on the global sale of dual-use products.
Global company: Advising on how to handle the different requirements of export control in doing business with Russia, Cuba, Iran and Syria.
Public Procurement (Selection)
Airport service provider: Providing legal assistance in public procurement procedures with respect to the procurement of airport services by a German airport.
Bitkom e.V.: Advising on public procurement law questions regarding Bitkom’s Digital City competition, a milestone project providing the winning city with the latest digital technology in the fields of telecommunication, mobility, energy, government, health, education, trade, security and community.
Bidder specialized in ERP solutions for commercial services providers and for the public sector: Providing legal assistance in public procurement procedures with respect to the ordering of financial software by several local authorities.
An association of several health insurance companies: Advising in connection with the public procurement procedure for awarding rebate contracts for pharmaceuticals.
Bidder: Providing legal assistance to a bidder in a public procurement procedure with respect to the Airport Berlin-Schönefeld (BBI).
