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November 7, 2022Exporting your products sets you up for global expansion, so it is an opportunity no business owner wants to miss out on. The good thing is that international trade is booming, and you can explore markets overseas without much effort. Moreover, you can establish a winning presence in these markets with minimal effort, provided you have a great offering. But some legal issues can make exporting challenging, specifically for newbies who fail to pay attention to these aspects.
Understanding and dealing with these issues sets you free to focus on building your sales without worrying about penalties and legal hassles. Fortunately, you need not stress about handling them because plenty of help is available. You can access valuable resources online and seek expert guidance to keep your business ahead of the compliance requirements. Let us share a few legal tips every new exporter must follow to stay on the right side of the law.
Dig deep into trade restrictions
Different countries require exporters to get licenses to export specific products. While you may not need a license for most products, restrictions may apply to some items. For example, you may require it for weapons, medicines and chemicals, antiques, and products with potential military use. Moreover, it is vital to check the current trade restrictions as the government may impose sanctions on certain exports from time to time. Digging deep into them before foraying into an international market is the best way to prevent legal implications down the line.
Understand the local environment
Experts recommend understanding the local legal environment and adhering to the norms to stay on the safe side. Check the normal commercial practice in the country, such as the credit terms and payment procedures. Also, find out whether you can enforce your legal rights in the country’s courts in case of a dispute — a local lawyer familiar with the region’s legislation will be able to provide clarity on the matter. Remember to investigate the reputation and creditworthiness of potential business partners. You will not want to get into trouble for collaborating with people who follow illegitimate practices. Another factor you must verify is the legal requirements to travel and stay in the country.
Stay ahead of customs requirements
Another legal tip you cannot overlook is to stay ahead of the customs requirements of your destination country. The complexities of customs can be overwhelming for a beginner. Moreover, an error or omissions in your paperwork can delay or even stall your consignment. You can collaborate with a reliable customs brokerage that simplifies the process and paperwork with their guidance. Look for an expert with adequate experience and a good reputation. They can help you streamline your export transactions in highly regulated environments.
Pay attention to contracts
Attention to business contracts should be a top priority for exporters because a missed clause can land you in a fix. Ensure proper agreements in writing to prevent disputes and misunderstandings down the line. They should cover the basics, such as the goods you are supplying, the agreed price, payment terms, and delivery terms. Also, anticipate potential issues you may encounter, such as faulty goods, delivery delays, and unexpected events like war and civil unrest. The contract must also have a clause on dispute handling. Negotiate the terms before signing the contract. The best way to write agreements is by having a legal expert draw them.
Go through local product laws
Another factor exporters must consider carefully is the local product laws. Different countries have standards for particular products, and exporters must meet them to avoid getting into trouble. You may have to get testing and certification from an approved organization. The law may also require you to label your products in the local language and use local weights and measures. Besides adhering to the local standards, you must also research the local product liability laws. Not complying with product safety laws can lead to prosecution, as buyers can sue you if a mishap due to a faulty product causes harm or loss.
Check IP rights and marketing laws
Before considering an export market, check whether another business has a local patent for a similar product. Likewise, a trademark similar to yours may also be a risk factor as you cannot export to that country due to the risks of intellectual property infringement. Marketing laws in the export destination are also crucial as you may encounter restrictions on advertising to minors. These laws may even apply if selling through your website or by mail order.
Staying on the right side of the law is crucial for running a business successfully. In fact, it becomes even more important for exporters because a lack of legal awareness and compliance can get you in a fix sooner than later.