Foreign economic agreements (FEA) - preparation and support.
We draw up foreign economic activity contracts with non-resident counterparties: currency control, Incoterms, jurisdiction, language versions.
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| Base Standard agreement (export of services, simple goods); Well-known counterparty from the EU/USA; ~4 hours of work; Bilingual version | from 8 000 ₴ |
| Standard Custom structure (payment schedule, phased deliveries); Complex logistics from several countries; Detailed Incoterms and caveats; ~10 hours of work | from 20 000 ₴ |
| Premium Multi-jurisdictional structure; Sanctions screening and related provisions; Complex currency controls; Arbitration provision (ICAC, ICC, LCIA) | from 40 000 ₴ |
About the service
Are you signing a contract with a foreign counterparty? A foreign economic activity contract is not just a 'contract with an English version'. It is a specific legal work: NBU currency control, Incoterms rules, choice of jurisdiction for disputes, VAT upon export, sanction screening, bank support of payment.
We draw up foreign economic activity contracts for your business segment and geography of transactions. Work from 2,000 ₴/hour; a typical simple export contract with a well-known counterparty - from 8,000 ₴; a more complex one with a custom structure - from 20,000 ₴; multi-jurisdictional with sanction nuances - from 40,000 ₴.
What do you get?
A ready-to-sign bilingual (Ukrainian + English or other) foreign economic activity agreement with your foreign counterparty, structured for your business segment (export, import, services, licensing), with correctly selected Incoterms rules, jurisdiction and arbitration clauses, and taking into account the requirements of the NBU's currency control.
- Bilingual contract (Ukrainian + counterparty's language) with legal identity
- Correct Incoterms rules according to actual logistics
- Jurisdiction and arbitration clauses (often crucial in international disputes)
- Compliance with the requirements of currency control of the NBU and the State Tax Service
- Readiness for banking support: bank notification, currency supervision, payment receipt
How it works
We clarify key parameters: your role (exporter, importer, service provider), counterparty's country, logistics scheme, settlement currency, expected payment terms, volume of transactions. This determines the choice of Incoterms, currency clauses, and jurisdiction for dispute resolution.
We draw up a contract in two languages with legally identical content - this is a separate skill, because the same wording in different legal systems can have different interpretations. We check compliance with Ukrainian currency legislation, legislation on foreign economic activity, and the peculiarities of the Tax Code regarding VAT upon export/import.
Special attention is paid to the choice of jurisdiction for dispute resolution. Ukrainian court, Ukrainian arbitration or international arbitration (ICAC, ICC, LCIA, SCC) - each option has consequences for the cost and effectiveness of protecting interests. We choose according to your case shape.
When is it the right choice?
Contact us for any agreement with a foreign counterparty - export of goods or services, import, license agreements, distribution agreements, franchising, software development agreements for a customer from abroad.
It is especially important to contact us in advance if there are opaque currency control requirements, sanctions restrictions for the counterparty's country, or specific logistics. It is often impossible to fix a failed foreign economic activity agreement after signing - proper preparation is cheaper and more effective.
Who needs this service?
Exporters of goods
Finished products for the EU, USA, Asia - correct Incoterms and currency control are critically important.
IT services for non-residents
Outsourced development, SaaS, licensing - often a 'simplified' contract hides the risks of qualification as PE or transfer pricing.
Import of equipment
Equipment delivery, warranty obligations of a foreign manufacturer - buyer protection in the event of a defect.
Licensing and franchise agreements
Transfer of rights to TM, technology, brand - here the agreement determines the 'duration of the business' for 5-10 years.
Distribution agreements
Exclusive or non-exclusive distribution - delicate issues of territorial rights and restrictions.
How we work
- 01
Options
Counterparty country, currency, logistics, volume of transactions, your role. On the day of the application.
- 02
Jurisdiction and Incoterms
We select a clause on the law governing the contract, the method of dispute resolution, and the rules of delivery.
- 03
Draft
We draw up a bilingual contract with a risk analysis and alternative wording of key points.
- 04
Harmonization
We present to the counterparty, conduct negotiations, and respond to corrections.
- 05
Bank and State Tax Service
We prepare an agreement for bank support of the payment, check the VAT consequences of export/import.
What will be required of you?
- Deal description product/service, volume, price, currency, logistics
- Counterparty data country, legal form, identifier - for sanctions screening
- Technical specification if the product or service is complex
- Preferred jurisdiction if there is a preference - the court of Ukraine, arbitration, jurisdiction of the counterparty
- Existing framework agreements if it is under a framework agreement - provide a framework
- Bank details of both parties for registration in the contract and currency control
Frequently asked questions
01 Which law to choose - Ukrainian or foreign?
Depends on your preferences and the realism of the defense. Ukrainian law - cheaper and faster for consideration in Ukraine. English or American - better protection in international arbitration, but more expensive. Often the compromise is 'the law of the country of the performer' or neutral jurisdiction. We will compare for your case during the consultation.
02 Incoterms - which option to choose?
It depends on the actual logistics and the moment of transfer of risks. EXW is cheaper for the seller, but transfers the logistics to the buyer. DDP - the most convenient for the buyer, more expensive for the seller. FOB and CIF - classics for sea deliveries. CIP and CPT - for air and road transport. We take into account your scheme.
03 What about the NBU's currency control?
The NBU lifted most restrictions on foreign economic activity operations after 2019, but the requirements remain: notification to the bank, tracking payment terms (according to current legislation - 180 days for typical export operations), and declaration. We take this into account in the contract and provide instructions on banking support.
04 Do I need an apostille for the contract?
Not necessarily for the contract itself, if both parties sign it. An apostille is required for notarial powers of attorney when signing through a representative, for the statutory documents of the counterparty in some procedures. We will give you a hint for a specific situation.
05 What if the counterparty does not fulfill the contract?
Depends on the chosen jurisdiction. If the Ukrainian court - a regular collection procedure (our separate service). If the arbitration - a separate process with the preparation of the claim, documents and hearings. If the court of a foreign jurisdiction - we involve specialized partners with your consent.
Do you have any questions about this service?
A partner of "Your Lawyer" will answer your questions during the working day with an assessment of the prospects and cost.
Tell us about your business.