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Foreign economic agreement. How to properly draft a foreign trade agreement and what features exist?

 


Brock-Trade Ltd. provides customs services both in Mykolayiv and throughout Ukraine on the basis of its representative offices in many cities of the country, and as a customs broker we will help you to outline all the specifics of drafting an external economic agreement, and so proceed.

The promotion of goods to foreign markets depends on the proper composition and essence of the international contracts (contracts) concluded.

In our country, at the legislative level, a structure and a provision on drafting foreign economic contracts (contracts) have been adopted, but it is necessary to remember on the basis of what right it will be concluded.

On the one hand, this imposition on the form of the contract is the state's involvement in contractual relationships between business entities, but on the other hand, this clarification is justified, because it gives a clear explanation of what the contract or contract actually should be. To all this, civil servants - customs and tax authorities, this greatly facilitates the work, and they know where to quickly find the information they need.

The foreign economic contract (contract), in accordance with the Law of Ukraine "On Foreign Economic Activity", is a practically formalized bilateral or multilateral agreement of economic entities on foreign economic activity (delivery of goods) with their foreign counterparties, oriented to the emergence, change or termination of their mutual rights and obligations in the field of foreign economic activity.

Business entities that have at least once transgressed the design of an external economic contract (contract) know that there is a huge difference between some contracts from others.

Almost every country in the world has adopted its own legislation, which provides for the preparation of foreign economic activity contracts. In addition, for the implementation of successful control over foreign economic activities of business entities, compliance with the norms and laws of currency, customs and tax legislation, legislative acts establish conditions for the performance of foreign economic activities, taking into account the practice of foreign international law.

An external economic contract (agreement) is drawn up in writing, unless otherwise provided by international treaties or other legislation, and consists of such sections:

The contract begins with its number, the location and the date of its signing, as well as with the expressions of the parties.

The place (city, country) of signing a contract or contract, as a rule, acquires a legally significant value, i.е. the right of which state will be applied in the consideration of the dispute. Indicated in the text of the contract (agreement), the place of its conclusion should not unconditionally correspond to the legal address. Both parties can conclude a contract (contract) and sign in one country, but in the contract itself, specify the other by mutual agreement of the parties.

From international practice, the sections of the contract (contract) consist of:

1.1. The name and number of the contract, date and place and city of its composition

1.2. Preamble (name of parties and persons authorized to sign)

1.3. Subject of the contract (contract)

1.4. Quantity and quality of goods

1.5. According to Incoterms, the basic terms of delivery of goods

1.6. Price and total cost of the contract (contract)

1.7. Terms of payment

1.8. Conditions for the transfer of documents and the acceptance and delivery of goods

1.9. Packing and labeling of goods

1.10. Force Majeure

1.11. Sanctions and complaints of goods

1.12. Settlement of disputes by agreement of the parties, and in court

1.13. Location (place of residence, legal address), postal and payment requisites of the parties.

Most entrepreneurs have heard of the United Nations Convention on Contracts for the International Sale of Goods, but do not apply it, which also has positive aspects.

It is also necessary to take into account the normative act, such as the "Convention on the Limitation Period in the International Sale of Goods," which also regulates the relationship of the parties in the event of disputes.

Correct and correct drawing up of the external economic contract (contract) is a guarantee of success of the external economic transaction connected with customs registration and moving of your goods through the border of Ukraine.

Taking into account the experience of our company in drafting foreign economic contracts in various customs regimes, we take into account the requirements of Ukrainian legislation, the requirements of international bodies and organizations provided for by world practice, including international legal acts, as well as a set of various guarantees, reservations and caveats, and we translate contracts ) into English.
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