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Foreign economic activity agreement. How to compose?

29.10.2020

Foreign economic activity agreement. How to compose?


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Novice participants in foreign economic activity should keep in mind that international trade is accompanied by the execution of a large number of documents, the success of this activity depends on the correctness of their execution. In this regard, let us turn to the issue of formalizing such basic documents as an invoice and a contract.


A foreign trade agreement is the main document that defines the content of a foreign economic operation.

It is obvious that the success of the company's foreign economic activities largely depends on the literacy of the preparation of this document. In this regard, when concluding a foreign trade agreement, it is necessary to be extremely careful not only to the content of the provisions of this document, taking into account the specifics of the planned foreign economic operations, but also to pay attention to such points as the responsibility of the parties, the language of the agreement, applicable law, the procedure for considering possible disputes, etc.


It should be borne in mind that incorrect drafting of a foreign trade agreement can lead not only to conflict situations in the relationship between the parties to the agreement (seller and buyer), but also to the emergence of problems in the process of carrying out foreign exchange transactions, passing customs formalities, etc.

When checking declarations for goods, the customs draws attention to the following points of the contract:


- the value of the contract - if the value of the import contract exceeds 3 million rubles. the provision of UNK (unique contract number) is required, this document replaced the transaction passport;

- delivery terms - this item affects the issue of customs value formation as a basis for taxing goods with customs payments;

- settlement procedure - this item is of great importance for proving the customs value;

- other terms of the contract that determine the rights and obligations of the parties - this clause is primarily related to the issue of claims and warranty service, as well as related customs operations.


Banks, as agents of foreign exchange control, in addition to the subject, cost and mutual settlements under the agreement, are interested in the issue of fulfillment or termination of obligations under the agreement.


If we talk about the invoice, then the law does not provide for any specific regulatory requirements for this document, while the customs draws attention to the relationship between the invoice and the contract (link to the contract in the invoice), as well as the reflection of the basic information of foreign economic transactions.


Many novice participants in foreign economic activity often ask themselves about the compulsory nature of a contract. The fact is that with small deliveries of goods, many foreign suppliers are far from always ready to spend time signing foreign trade agreements and, as a rule, only provide an invoice. Such importers can be reassured: when customs clearance of cargo, you can limit yourself to an invoice if it contains all the essential terms of the contract that allow you to determine the content of a foreign economic operation:

- information about the sender and the recipient;

- information about the supplied products (name, quantity, cost);

- terms of delivery of goods;

- information about mutual settlements;

- Bank details.


Need to issue an invoice or contract?


Call us at the phone number 8-499-647-75-64, and our specialists will advise you on all the nuances of these documents.


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