Foreign Trade Transactions
Legal support of international trade contracts at all stages of foreign economic activity

Concluded foreign economic contracts are accompanied by the need for knowledge not only of national legislation governing the terms of trade transactions, but also knowledge of international law, as well as the national law of the partner in the foreign trade contract. Often, market participants have difficulties when concluding and executing an international contract, and therefore, qualified specialists in this field are attracted to provide competent legal support.
The conclusion and execution of a foreign economic transaction is accompanied by the need not only to fulfill obligations to a foreign partner, but also the need to comply, for example, with tax, currency and customs national legislation.
Tax and customs structuring of a foreign economic transaction
A foreign economic transaction imposes not only obligations of the parties to each other, but also obligations related to tax and customs legislation. During the execution of a foreign trade contract, a participant in foreign trade activities must pay customs duties and payments, as well as tax fees from conducting business activities.
When conducting foreign economic activity and drawing up a contract, it is necessary to take into account agreements between states on the avoidance of double taxation. At the same time, take into account customs legal norms, draw up the terms of a foreign economic contract in compliance with all established norms, and in such a way that the regulatory authorities do not have questions regarding the assessment of customs, tax duties and payments.
It is also necessary to remember about checks by customs authorities to combat money laundering and take this aspect into account when drawing up a foreign economic contract.
Currency regulation in international transactions
Considering that most foreign economic transactions are inextricably linked with the use of currency in settlements between partners, during the execution of foreign trade transactions it is important to comply not only with contractual obligations, but also with national currency legislation, which is represented by various regulatory documents, the main of which for Russian entrepreneurs is the Federal Law dated December 10, 2003 No. 173-FZ “On Currency Regulation and Currency Control.”
It is also important to note that under the conditions of sanctions restrictions, the state introduces additional measures of currency regulation in the form of presidential decrees, government resolutions, etc. Additional measures may be related to the need to sell foreign currency earnings, introducing a ban on the issuance of loans and borrowed funds, changing the procedure for sending transfers, paying dividends, repatriation requirements, etc. Such measures are introduced to regulate the foreign exchange market and maintain the exchange rate of the national currency; in most cases, after eliminating the reasons for introducing such additional measures, government authorities decide to cancel them.
Legal examination of shipping documents for a foreign trade transaction
Each foreign economic transaction is accompanied by the preparation of shipping documents. Each document is subject to appropriate requirements, this is due to the need for customs clearance, certain conditions for transporting goods, taxation, etc.
Thus, transport (shipment) documents, which are documents confirming the existence of an agreement for the carriage of goods and accompanying them during such transportation (bill of lading, invoice, document confirming the conclusion of a transport expedition agreement, and other documents). In accordance with the Decision of the Customs Union Commission dated September 20, 2010 No. 378 “On classifiers used to fill out customs documents” (hereinafter referred to as “Decision No. 378”), transport (shipping) documents are:
- bill of lading;
- waybill for transporting goods by water;
- railway invoice;
- TIR Carnet;
- T.A. carnet;
- luggage receipt;
- other documents provided for by the rules of transportation by rail;
- waybill;
- other waybill used for transporting goods by road, air waybill;
- transport documents used when moving goods by pipeline transport or along power lines;
- postal invoice;
- general invoice for express delivery;
- individual invoice for express delivery;
- other transport (shipping) documents.
The specific name of transport (shipment) documents depends on the specific type of transport by which the goods are transported.
Commercial documents are documents used in carrying out foreign trade and other activities, as well as to confirm transactions related to the movement of goods across the customs border of the EAEU (invoices, specifications, shipping (packing) lists and other documents). Commercial documents and other documents related to the determination of customs value in accordance with Decision No. 378:
- constituent documents;
- invoice for the contract;
- other payment or commercial documents (including a cash register or sales receipt for the purchase of goods in a retail network);
- bank documents (if the invoice is paid depending on the terms of the foreign trade contract), as well as other payment documents reflecting the cost of the goods;
- proforma invoice for the contract;
- invoice for the movement of goods subject to traceability;
- invoice for transportation (transportation), loading, unloading or reloading of goods;
- bank or other payment documents for payment of transportation costs, reflecting the cost of transportation (shipment), loading, unloading or reloading of goods;
- contract for the transportation, loading, unloading or reloading of goods;
- invoices (invoices) for the provision of intermediary services;
- bank or other payment documents for the provision of intermediary services, etc.
When international transactions are supported by qualified specialists, legal examination of shipping documents is carried out at each stage of a foreign trade transaction, which reduces the risk of incorrect classification of goods according to the Commodity Nomenclature of Foreign Economic Activity, incorrect customs clearance, and, as a result, eliminates the possibility of bringing the entrepreneur to responsibility for violating customs legislation.
Legal services
- Consulting services for concluding and executing international transactions
- Legal assistance in concluding and executing a foreign trade contract
- Analysis and examination of documents related to the conclusion of a foreign trade contract
- Support of a foreign trade contract, including representation in the field of customs, tax, and currency legislation
- Verification of documents under a foreign trade transaction