Specialist Assistance For International Trade & Export
As the world becomes increasingly globalised, many businesses are either actively operating or seeking to operate in international markets. The law regarding international trading can be complex and can involve a range of legal issues such as employment law, international financial arrangements and corporate structures.
Our team of specialist business law solicitors is able to help your business navigate the intricacies of international trade, cross-border transactions and the legal issues surrounding them. More business services from Tinsdills include:
Tinsdills recently expanded this department following an acquisition of Grindeys Solicitors
Trust Tinsdills To Handle Matters Regarding International Trade
Cross-border transactions are often complicated and understanding the legal issues around them requires a specialist legal team who can guide you through the issues in an efficient, clear manner.
Some of the areas we can advise your business on include:
- cross-border joint ventures and collaboration;
- competition law;
- acquiring a UK business based in England or Wales;
- entering the UK market (England and Wales);
- franchising and licensing;
- Marketing and reseller agreements;
- cross-border employment issues;
- international trading terms;
- international import and export; and
- agreements ancillary to export (such as distribution and agency).
Following the UK’s departure from the European Union, our specialist business law solicitors can also advise you and your business on the English law as it continues to separate and diverge from the laws of EU over the coming years. Our specialist solicitors are here to advise you on changes to restrictions, tariffs and regulations following Brexit, safeguarding your business and keeping it ahead of the changes.
Competition law is designed to stop companies in a dominant position in a market from abusing that position and to prevent anti-competitive behaviour that distorts, restricts or prevents competition/trade.
In the UK, anti-competitive behaviour which affects trade (in the UK) is prohibited by both the Competition Act 1998 and the Enterprise Act 2002. In addition, if either party is situated in an EU member state, then the EU competition policy set out in Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) (formerly Articles 81 and 82 of the treaty establishing the European Community) will apply. However, it is often possible to draft international trade agreements in a way which falls within an exemption (known as a vertical block exemption) so that a specific exemption for the agreement/relationship is not required from the relevant competition authorities.
Incoterms (or International Commercial Terms) are an internationally recognised set of trade terms, developed by the International Chamber of Commerce (or ICC). The terms define the responsibilities and liabilities between an international buyer and a seller. They cover terms on responsibility for payment of freight costs, of insuring goods and any import/export duties.
There are 11 sets of Incoterm rules and these are:
- FOB (Free on Board);
- FCA (Free Carrier);
- EXW (Ex Works);
- FAS (Free Alongside Ship);
- DAP (Delivered at Place);
- DAT (Delivered at Terminal);
- CIF (Cost, Insurance and Freight);
- CIP (Carriage and Insurance Paid to);
- CFR (Cost and Freight);
- DDP (Delivery Duty Paid); and
- CPT (Carriage paid to).
The sale of music or software overseas is considered an export of a service, rather than of goods. Software may take a tangible form (i.e. on a hard drive or CD), be downloadable and accessed via the cloud. The form in which the software is delivered to the consumer may have potential tax implications and so it will be necessary to take specialist tax advice if you are considering selling your software outside of the UK.
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