What is International Law?
Do I need a written contract to export or import products or services or do business internationally?
How do I export products?
What the difference between an Independent Distributor, Commercial Agent and Sales representative?
Is there any law that governs sale of goods between parties located in different countries?
Do I need an export license?
Can I enforce a foreign country judgment in the U.S.?
Can I enforce a U.S. judgment in a foreign country?
Can I enforce a foreign country arbitrations award in the U.S?
What is the Foreign Corrupt Practices Act?
Do I need a lawyer to draft a contract with a foreign company or individual?
What is International Law?
International law is a body of laws that governs the relationships between countries (Public International Law) and between persons or entities located in different countries (Private International Law).
Do I need a written contract to export or import goods or services or do business internationally?
The importance of having a written contract when conducting international business transactions cannot be overemphasized. The value of having a written contract is to protect your rights and interests. The contract delineates the rights and obligations of the parties. The contract should contain certain important provisions, such as which law governs the contract, which court will resolve any disputes or do the parties desire to resolve any future disputes through arbitration, etc. Well drafted written agreement will save you money, time and value of your investment. It is cheaper to hire a competent attorney to properly draft a contract, than to litigate any future disputes without having a written contract in place. To speak with an experienced international lawyer at the Juras Law Firm, PLC, contact us.
How do I export products?
The following basic vehicles are available for exporting of products: (1) direct sales to foreign buyers, (2) sales through commercial agents or sales representatives, (3) sales through independent distributors, (4) a proprietary distribution system, (5) franchising, (6) licensing of technology, and (7) setting up foreign branches or subsidiaries.
What is the difference between an Independent Distributor, Commercial Agent and Sales representative?
A distributor buys products for its own account and is compensated by the markup it receives upon the resale of the products to its customers. A distributor is authorized to sell products in designated territory and bears all commercial risks associated with the sale. On the other hand, a commercial agent and sales representative do not buy or sell goods or services for their own account. They are authorized to solicit orders in a designated territory and are compensated by a salary or a commission based on actual sales. They usually bear no credit risk with respect to the customers.
Is there any law that governs the sale of goods between parties located in different countries?
Yes. The United Nations Convention on Contracts for the International Sale of Goods governs the formation of international sales contracts between parties whose places of business are in different contracting countries (unless the parties specifically "opt out" of the Convention in the contract) and delineates the rights and obligations of the buyer and the seller arising from those contracts.
Do I need an export license?
Several U.S. agencies maintain control over exported items, such as the Bureau of Export Administration in the U.S. Department of Commerce, which controls the export of dual-use items (items that have commercial uses but also may have potential military applications), the U.S. State Department which controls amunitions and arms, or the U.S. Department of Agriculture which controls the export of livestock, dairy and poultry items. The Bureau of Export Administration controls the export and re-export of dual-use commodities, technology and software for reasons of national security, foreign policy, non-proliferation or short supply. In order to determine whether any dual-use item requires an export license, consult the Commerce Control List (includes items subject to the export licensing requirements), and the Commerce Country Chart (contains licensing requirements based on destination and reasons for control), which is maintained by the Bureau of Export Administration. Under certain circumstances, exceptions from the export license requirement are authorized.
Can I enforce a foreign country judgment in the U.S.?
Generally, the answer is yes as long as there are not any serious due process violations. Some U.S. states adopted the Uniform Foreign Money-Judgments Recognition Act, which makes it easier to recognize and enforce foreign country judgment in that particular state.
Can I enforce a U.S. judgment in a foreign country?
The recognition and enforcement of a U.S. judgment abroad is determined under the foreign country's law. Common requirements for recognition and enforcement are proper notice, proper jurisdiction, a final and binding judgment and no violation of the foreign country's public policy.
Can I enforce a foreign country arbitrations award in the U.S?
Generally, you can enforce an arbitration award rendered in a foreign country with certain exceptions (e.g., the parties did not agree on having the matter arbitrated, the party was not given proper notice or was otherwise unable to present its case, the award is being appealed, recognition or enforcement of the award would be contrary to the public policy of the U.S.). The U.S. is a party to the Convention on Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention), which makes the enforcement of the foreign country arbitral awards generally easier than the enforcement of foreign country judgments. The enforcement of foreign country arbitral awards is governed by the New York Convention. You should hire a competent international lawyer to help you with the recognition and enforcement of the foreign country arbitral award in the U.S. For more information regarding the recognition and enforcement of the foreign country arbitral awards, and to speak with an experienced international attorney, please contact us.
What is the Foreign Corrupt Practices Act?
The Foreign Corrupt Practices Act prohibits payments to foreign government officials for the purposes of obtaining or retaining business or for directing business to any person. The anti-bribery provisions of the Foreign Corrupt Practices Act apply to U.S. citizens and residents, businesses incorporated in the U.S. or having their principal place of business in the U.S., and directors, officers, stockholders, and employees of these entities.
Do I need a lawyer to draft a contract with a foreign company or individual?
You can draft an international contract without hiring a lawyer, but in order to protect your rights, to prevent any future unnecessary and costly disputes, hiring a competent international attorney is recommended. Contact the Juras Law Firm, PLC for legal assistance with drafting, reviewing and negotiating any international contracts.
