Dale E. Stackhouse Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282 (317) 236-2401 (office) (317) 658-6037 (cell)

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Presentation transcript:

Dale E. Stackhouse Ice Miller LLP One American Square Suite 2900 Indianapolis, IN (317) (office) (317) (cell) Getting Paid For International Sales Legal Issues

Nature of relationship: buyer, reseller, dealer, agent, distributor? Method of payment* (letter of credit, wire, cash, check) Timing of payment (in advance, upon delivery, within X days of delivery or invoice, after inspection) Delivery terms (Incoterms vs. Uniform Commercial Code: FOB, Ex Works, etc.) What to do about purchase orders and terms and conditions * Tom can help! What Should I Include in the Contract? 2

Litigation (there is no international "Full Faith and Credit" clause) Arbitration (mutual recognition treaties) Mediation (non-binding) Security Interests (agreement and public notice) Big question: Where are the buyer's assets? Enforcement/Collection Issues 3

How did you find the customer(s)? What do you know about them? Do they have a good reputation? Have you done a credit check (Dun & Bradstreet)? Have you checked references? Are you dealing with a person or a company? * Mark can help! Due Diligence on Your Customer* 4

Customs: How much will customs duties and other taxes (GST, VAT) add to the customer's price? Marking: Safety, local language, country of origin (e.g., CE/UL certifications) REACH: European chemical exposure issues Local FDA, DOT, Dept. of Agriculture equivalents Corruption/Bribery (FCPA, UK Antibribery, OECD) US export controls, sanctions and boycotts (restricted countries, people, entities, goods and end uses) * I can help! Regulatory/International Trade Issues* 5

Questions? 6