Royal Decree on Grants for the ICEX-Brexit Program

Date
March 1, 2023

Since the United Kingdom left the European Union—and despite its internal and economic crises—it has remained the top destination for Spanish investment. There is no doubt that, whatever the case may be, the United Kingdom has played, plays, and will continue to play an essential role on the world stage, even ranking among the very top in terms of economic importance.

It is therefore not surprising that, since the announcement of the UK’s departure, the Spanish government has been analyzing the impact that Brexit has had on Spanish industrial sectors and companies and has been working on possible aid measures to help them establish themselves in the British market, in an effort to mitigate the rise in export costs, among other challenges that have emerged.

Interested parties must apply through ICEX for the grants provided for in Royal Decree 114/2023, dated February 21, which establishes the regulatory framework for the direct award of grants under the ICEX-BREXIT Program of ICEX España Exportación e Inversiones, E.P.E.

Companies and self-employed individuals adversely affected by Brexit may apply for and receive this aid, provided they meet a series of requirements set forth in the Royal Decree and have been legally incorporated in Spain or are self-employed individuals registered in the Special Regime for Self-Employed Workers, exporters, or investors in the United Kingdom who have been adversely affected by Brexit; as well as having successfully completed an administrative procedure governed by the aforementioned regulation and aimed at recovering the expenses. Among other conditions, applicants are required, as is logical, to provide justification for the financial loss suffered as a result of Brexit and to demonstrate that the grant was used for its intended purpose. The entire procedure is also subject to state control and supervision.

Eligible expenses include certain costs related to intellectual and industrial property, such as those associated with the registration of trademarks, patents, web domain names, and designations of origin; costs of adapting product and service labeling, packaging, and certification to the British market; and costs of legal advice and legal defense regarding the trademark and its approval. Such expenses will always be considered eligible within the framework of a comprehensive export project.

This support is certainly welcome as we seek to boost the economic vitality of our small and medium-sized enterprises as they pursue their business ventures to export to the United Kingdom.

 

Cristina Arroyo Meneses, Attorney and Director of International Trademarks at ELZABURU