Importing, exporting and carrying goods means working every day with contracts, customs declarations, currency control and counterparties from different countries. An imprecise delivery term, an error in the customs value or a missed payment deadline can result in fines, detained cargo or a dispute that has to be fought abroad.
We help carriers, freight forwarders, importers and exporters conclude clear foreign trade contracts, deal with customs matters and settle disputes with counterparties. We analyse documents before signing so that the risks are visible in advance, not when the cargo is already stuck at the border.
Typical legal issues
Imprecise terms in a foreign trade contract
Vague terms on delivery, transfer of risk, governing law and the forum for disputes make protecting your interests complicated and expensive.
Customs matters
Disputes over the classification of goods, customs value or country of origin lead to additional charges, delayed cargo and cases on violations of customs rules.
Currency control
Breaching the settlement deadlines for foreign trade transactions entails sanctions. Currency regulations change under martial law, so they need to be checked.
Damage, loss or delay of cargo
The liability of the carrier and the forwarder is determined by the contract and international rules. Without properly executed documents, it is difficult to obtain compensation.
Unscrupulous counterparties
Non-payment, non-delivery or substitution of goods by a foreign partner require swift action: a letter of claim, securing evidence and choosing the method of recovery.
How we help
- We draft and review foreign trade contracts, carriage contracts and freight forwarding agreements.
- We advise on customs clearance, classification of goods and customs value.
- We challenge decisions of customs authorities and defend clients in cases on violations of customs rules.
- We advise on currency control requirements for foreign trade transactions.
- We prepare letters of claim and handle disputes with counterparties, carriers and insurers.
- We check foreign counterparties before a deal is concluded.
Frequently asked questions
Which law should we choose in a contract with a foreign partner?
It depends on the partner’s country, the subject of the deal and where a judgment would likely have to be enforced in the event of a dispute. A lawyer will explain the consequences of each option and help agree on a clause that will actually work for you.
What should we do if customs disagrees with our customs value?
A decision of a customs authority can be challenged administratively or in court. It is important to keep all documents confirming the value of the goods and not to miss the appeal deadlines.
How can we recover a debt from a foreign counterparty?
First, we analyse the contract: which law applies and where the dispute is to be heard. Next come a letter of claim and negotiations and, if necessary, proceedings in court or arbitration in accordance with the terms of the contract.