International trade and foreign trade contracts
We draft foreign trade contracts and select Incoterms 2020 terms, and we support currency supervision of settlements and export control of dual-use goods. We represent producers and importers in anti-dumping and safeguard investigations, help to overcome barriers on foreign markets and handle disputes under the Vienna Convention.
Foreign trade contracts
Drafting and negotiating international supply, distribution, agency and commission agreements: governing law, delivery terms, settlements, liability, dispute resolution.
An international contract determines not only the terms on which the goods are delivered, but also the way legal risk is allocated between the parties. Mistakes made when the contract is concluded often become the cause of multimillion disputes, delayed deliveries, lost funds or the inability to mount an effective court defence.
PROCTOR drafts foreign trade contracts taking into account the specifics of the particular jurisdiction, international trade practice, currency regulation, customs legislation, the Incoterms rules, the mechanisms securing performance of obligations and the prospects of possible arbitration.
We produce contracts that not only govern the relations between the parties, but also create an effective system of legal protection for the business should a dispute arise.
Advice on Incoterms
Choosing and applying the Incoterms 2020 terms correctly: the allocation of costs, risks and obligations between the seller and the buyer, aligning the delivery term with the insurance and settlement arrangements.
Anti-dumping, countervailing and safeguard investigations
Representing producers and importers in trade investigations before the Ministry of Economy and foreign authorities: filing complaints, completing questionnaires, taking part in hearings, challenging measures.
Export control
Determining whether a product falls under the control of dual-use goods, obtaining conclusions and permits from the State Export Control Service, building internal export control programmes.
Trade barriers and safeguard measures
Helping exporters to overcome barriers on foreign markets: quotas, licensing, technical regulations. Initiating safeguard measures for Ukrainian producers against increased imports.
Currency supervision of foreign trade operations
Meeting the statutory deadlines for settlements under exports and imports, removing transactions from currency supervision, defence against penalties for missed deadlines, working with force majeure circumstances.
Disputes under international contracts (CISG)
Handling disputes under the Vienna Convention on the International Sale of Goods: non-conforming goods, late delivery, termination of the contract, recovery of losses and lost profit.
How we build an international deal
From the structure of the deal and the delivery term through to settlements and a dispute if one arises.
01
Model of the deal
We establish what is supplied and where, who the counterparty is, how the deal is financed, which jurisdictions are involved and which restrictions apply to the goods.
02
Contract and delivery term
We draft the foreign trade contract: governing law, the Incoterms 2020 term, settlements, liability, security for performance and the dispute resolution clause.
03
Permits and restrictions
We check the goods against dual-use, sanctions and licensing restrictions, and where needed support the obtaining of conclusions from the State Export Control Service.
04
Performance and currency supervision
We track the settlement deadlines under exports and imports, prepare the documents that close currency supervision, and record force majeure if the deadlines slip.
05
Dispute or investigation
We handle disputes under the contract and the Vienna Convention in court or arbitration, and represent the company in anti-dumping and safeguard investigations.
Ways we work with international business
We choose the format for the task: one contract, one deal end to end, or standing work with the export line.
Work on one contract
We draft or review the foreign trade contract, select the Incoterms term and return the text with an explanation of the risk that each clause is there to close.
Full support of a deal
We run a particular international transaction: negotiations with the counterparty, permits for the goods, settlements, currency supervision and closing the deal with documents.
Standing export support
The team works with the line permanently: template contracts for each market, export control, trade barriers, and defence in investigations and disputes.