Export clause: Copy, customize, and use instantly
Introduction
An export clause outlines the conditions under which goods or services can be exported, addressing regulatory compliance, import/export restrictions, and the responsibilities of each party involved in the export process. It ensures that all legal requirements are met, preventing risks related to customs, tariffs, or illegal trade practices. This clause is essential in international trade agreements.
Below are templates for export clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
General export clause
This variation governs the export of goods in general terms.
The [Party] shall comply with all applicable export laws, regulations, and licensing requirements in connection with the export of goods provided under this Agreement. The [Party] shall be responsible for obtaining any necessary export permits and shall provide evidence of such permits to the [Other Party] upon request.
Restricted export clause
This variation addresses restrictions on the export of certain goods.
The [Party] agrees not to export goods or services provided under this Agreement to countries, entities, or individuals subject to trade restrictions, sanctions, or embargoes under applicable laws. The [Party] shall ensure that all exports comply with the restrictions specified by the [U.S. Department of Commerce/European Union/Other Relevant Authority].
Export documentation clause
This variation requires documentation related to the export process.
The [Party] shall provide the necessary documentation for all exports, including commercial invoices, bills of lading, and certificates of origin, as required by customs authorities in the exporting and importing countries.
Customs compliance export clause
This variation ensures compliance with customs laws and procedures.
The [Party] shall ensure that all goods exported under this Agreement meet the customs requirements of the importing country, including the payment of applicable duties and taxes. The [Party] shall be responsible for the timely submission of all necessary customs declarations.
Export control compliance clause
This variation ensures compliance with export control laws.
The [Party] shall comply with all applicable export control laws and regulations, including those of the [U.S. Department of Commerce/European Union/Other Relevant Authority]. The [Party] shall not export goods or services provided under this Agreement to restricted entities, individuals, or countries.
Export license clause
This variation requires an export license for certain goods.
The [Party] shall obtain and maintain any necessary export licenses or authorizations required for the export of goods or services provided under this Agreement. The [Party] shall provide evidence of such licenses to the [Other Party] upon request.
Export duties and taxes clause
This variation addresses export duties and taxes.
The [Party] shall be responsible for the payment of all export duties, taxes, and fees imposed by the exporting country in connection with the goods exported under this Agreement. The [Buyer] shall bear any import duties or taxes required by the importing country.
Export jurisdiction clause
This variation specifies the applicable jurisdiction for export-related disputes.
Any disputes arising from the export of goods or services under this Agreement shall be governed by the laws of [Jurisdiction], and the courts of [Location] shall have exclusive jurisdiction over such disputes.
Export termination clause
This variation allows for contract termination in the case of export restrictions.
If any export restrictions or trade sanctions are imposed by the government or international authorities that prohibit or limit the export of goods or services under this Agreement, either party may terminate the Agreement upon [X] days’ written notice without liability.
Export compliance audit clause
This variation allows for audits of export compliance.
The [Party] agrees to allow the [Other Party] or their authorized representative to audit all relevant records and documentation related to the export of goods under this Agreement to ensure compliance with export regulations.
Anti-bribery export clause
This variation ensures adherence to anti-bribery laws in the export process.
The [Party] shall not engage in any bribery or corruption in relation to the export of goods or services under this Agreement. The [Party] agrees to comply with all anti-bribery and anti-corruption laws, including the [U.S. Foreign Corrupt Practices Act/UK Bribery Act].
Export notification clause
This variation requires the [Party] to notify the other party of export plans.
The [Party] shall notify the [Other Party] in writing of any planned exports under this Agreement at least [X] days in advance. The notification shall include details of the goods, destination, and expected export dates.
Prohibited destination export clause
This variation prohibits exports to specific countries.
The [Party] shall not export goods or services under this Agreement to any country or region that is subject to a trade embargo or export ban imposed by [U.S. Department of Commerce/European Union/Other Relevant Authority].
Third-party export restrictions clause
This variation applies restrictions to third-party exports.
The [Party] agrees that any goods provided under this Agreement may not be exported or re-exported by any third party to a prohibited destination or to any entity or individual subject to export restrictions.
End-user certificate export clause
This variation requires an end-user certificate for exports.
The [Party] shall obtain an end-user certificate from the importing party certifying that the goods or services exported under this Agreement will be used solely for the purposes agreed and will not be resold or transferred to any third party without prior written consent.
Re-export prohibition clause
This variation prohibits re-exporting goods.
The [Party] shall not re-export or transfer goods or services provided under this Agreement to any third party or country without the prior written consent of the [Other Party].
Export quantity limitation clause
This variation limits the quantity of exported goods.
The [Party] shall not export more than [X] units of goods or services under this Agreement without obtaining prior approval from the [Other Party].
Customs clearance export clause
This variation clarifies the customs clearance process.
The [Party] shall be responsible for obtaining all necessary customs clearance for goods exported under this Agreement. The [Party] shall ensure that all documents and filings required by the customs authorities are completed in a timely manner.
Export damages indemnification clause
This variation provides indemnification for export-related damages.
The [Party] agrees to indemnify and hold the [Other Party] harmless from any damages, losses, or liabilities arising from the export of goods under this Agreement, including any fines or penalties resulting from non-compliance with export regulations.
Export invoice clause
This variation requires specific details on export invoices.
The [Party] shall provide an invoice for each shipment of goods exported under this Agreement, which shall include details such as the description of the goods, the quantity, and the destination, as well as any applicable export duties and taxes.
Export agreement amendment clause
This variation allows amendments to the export terms.
Either party may request amendments to the export terms under this Agreement, subject to mutual agreement. Any amendments shall be documented in writing and signed by both parties.
Import/export rights clause
This variation defines the import/export rights of each party.
The [Party] shall have the right to export the goods or services to countries of its choice, subject to the import/export regulations of the destination country. The [Other Party] acknowledges these rights and agrees to comply with the necessary customs documentation requirements.
Export delivery clause
This variation clarifies export delivery terms.
The [Party] shall deliver goods to the agreed-upon destination for export within [X] days of the effective date of this Agreement. The [Party] shall be responsible for any risks or costs associated with the delivery process.
Exportation via third-party carriers clause
This variation allows third-party carriers for exportation.
The [Party] may use third-party carriers to fulfill exportation requirements under this Agreement. The [Party] shall ensure that such third-party carriers comply with all export-related laws and regulations.
Trade compliance and export verification clause
This variation ensures trade compliance in exportation.
The [Party] shall ensure that all exports under this Agreement comply with applicable trade laws and regulations. The [Party] shall provide verification of compliance, including trade compliance checks and export verification reports.
Export compliance certification clause
This variation requires the exporter to certify compliance with laws.
The [Party] shall provide a certification of compliance with all applicable export laws and regulations, including those of the exporting and importing countries, prior to the export of any goods under this Agreement.
Export permit clause
This variation requires the procurement of export permits.
The [Party] shall be responsible for obtaining and maintaining all necessary export permits and authorizations required for the export of goods under this Agreement. Evidence of such permits shall be provided to the [Other Party] upon request.
Export liability for non-compliance clause
This variation addresses liability for non-compliance with export regulations.
The [Party] shall be liable for any penalties, fines, or damages arising from failure to comply with export regulations. The [Party] agrees to indemnify the [Other Party] for any costs incurred due to non-compliance.
Export dispute resolution clause
This variation addresses disputes related to export terms.
Any disputes arising from the export of goods under this Agreement shall be resolved through arbitration in [jurisdiction], following the rules of the [Arbitration Association]. Both parties agree to resolve such disputes in a timely and cooperative manner.
Export shipping restrictions clause
This variation includes shipping restrictions for exports.
The [Party] agrees not to export any goods that are restricted or prohibited by the shipping or import regulations of the exporting or importing country. The [Party] shall provide a written declaration that the goods comply with these regulations.
Import/export warranty clause
This variation provides a warranty for the legality of the export process.
The [Party] warrants that all exports under this Agreement are fully compliant with import/export laws and regulations. The [Party] shall indemnify the [Other Party] for any claims arising from breaches of this warranty.
Cross-border export clause
This variation governs exports across borders.
The [Party] shall comply with all regulations related to cross-border shipments and exports under this Agreement. This includes adherence to all customs requirements, tariffs, and any restrictions imposed by the relevant authorities.
Export timing clause
This variation specifies the timing for export.
The [Party] shall complete the export process within [X] days from the date of the order, ensuring timely delivery of goods to the designated destination. Any delays must be communicated immediately to the [Other Party].
Export documentation provision clause
This variation requires the provision of export documentation.
The [Party] shall provide the [Other Party] with all necessary export documentation, including but not limited to commercial invoices, certificates of origin, and bills of lading, within [X] days after shipment.
Trade sanctions compliance export clause
This variation ensures compliance with trade sanctions.
The [Party] agrees not to export any goods or services to any country, entity, or individual subject to sanctions imposed by the [U.S. Department of the Treasury/European Union/Other Relevant Authority]. Proof of compliance with applicable sanctions will be provided to the [Other Party] upon request.
Re-exportation clause
This variation prohibits re-exportation to restricted destinations.
The [Party] agrees not to re-export any goods or services provided under this Agreement to countries, entities, or individuals that are subject to export restrictions or prohibitions.
Export shipment tracking clause
This variation includes a requirement for shipment tracking.
The [Party] shall provide shipment tracking information for all exported goods under this Agreement. Tracking details, including carrier and estimated delivery dates, shall be provided to the [Other Party] within [X] hours of shipment.
Customs clearance responsibility clause
This variation specifies responsibility for customs clearance.
The [Party] shall be responsible for the completion of all customs clearance processes, including the payment of duties, taxes, and any fees associated with the export of goods under this Agreement.
Export country-of-origin declaration clause
This variation requires a declaration of the country of origin.
The [Party] shall provide a declaration of the country of origin for all goods being exported under this Agreement. This declaration must accompany all shipments and be submitted to the [Other Party] upon request.
Import/export insurance clause
This variation addresses insurance coverage for exports.
The [Party] shall maintain insurance coverage for all exported goods to cover loss or damage during transit. Proof of such insurance, including coverage amounts and terms, shall be provided to the [Other Party].
Export ban compliance clause
This variation ensures compliance with export bans.
The [Party] agrees not to export any goods under this Agreement if such goods are subject to an export ban imposed by any government authority. The [Party] shall immediately notify the [Other Party] if any export restrictions are imposed.
Export cost reimbursement clause
This variation outlines the reimbursement of export costs.
The [Buyer] agrees to reimburse the [Seller] for any export-related costs, including shipping fees, customs duties, and insurance premiums, as specified in the applicable invoice. The [Seller] shall provide proof of such costs.
Export risk and title transfer clause
This variation specifies when the risk and title transfer during export.
The risk of loss or damage to the goods shall pass from the [Seller] to the [Buyer] once the goods are delivered to the carrier for export. Title to the goods shall transfer upon full payment of the agreed price.
Export compliance audit clause
This variation allows for audits to verify compliance with export laws.
The [Other Party] reserves the right to audit the [Party]’s export records and procedures to verify compliance with applicable export laws. The audit may be conducted at any time during the term of this Agreement and for [X] years thereafter.
Export taxes and duties indemnification clause
This variation includes indemnification for export taxes and duties.
The [Party] shall indemnify and hold the [Other Party] harmless from any costs, taxes, duties, or penalties incurred due to the failure to comply with export-related laws and regulations.
Sourcing country-specific export clause
This variation addresses export laws specific to the sourcing country.
The [Party] agrees to comply with all applicable export laws and regulations specific to the sourcing country, including export restrictions, permits, and documentation requirements.
Special export permits clause
This variation addresses the need for special export permits.
If required, the [Party] shall obtain and provide special export permits or licenses for the export of goods under this Agreement. Proof of such permits shall be submitted to the [Other Party] before exportation.
Export pricing clause
This variation sets export prices for goods.
The [Party] agrees to provide export prices for goods under this Agreement based on the prevailing market conditions, including shipping and customs fees. Any changes in export pricing will be communicated to the [Other Party] in advance.
Export capacity limitation clause
This variation limits the quantity of exports.
The [Party] shall not export more than [X] units of goods under this Agreement in any given [month/quarter/year]. If additional quantities are required, both parties must agree in writing on the revised terms.
Export import/export paperwork clause
This variation requires the completion of necessary paperwork.
The [Party] shall be responsible for preparing all necessary export and import paperwork, including commercial invoices, packing lists, and certificates of origin. Such paperwork must be submitted to the [Other Party] before shipment.
Exportable technology clause
This variation applies to the export of technology.
The [Party] shall not export any technology or software under this Agreement unless it complies with all applicable export control laws and regulations. Proof of compliance must be provided to the [Other Party] upon request.
Third-party export responsibility clause
This variation addresses third-party export responsibilities.
The [Party] shall ensure that any third parties involved in the exportation of goods under this Agreement comply with all applicable export laws and regulations. Proof of compliance by third parties shall be provided to the [Other Party].
Export cancellation clause
This variation allows for cancellation of the export.
Either party may cancel the export of goods under this Agreement if export permits or approvals are delayed or denied by the relevant authorities. The [Party] will notify the [Other Party] promptly of any such delays or cancellations.
Certificate of export compliance clause
This variation requires certification of compliance.
The [Party] shall provide the [Other Party] with a certificate of compliance, confirming that all goods exported under this Agreement conform to applicable export regulations and standards.
Export market restrictions clause
This variation restricts the export of goods to certain markets.
The [Party] shall not export goods under this Agreement to markets where the export of such goods is prohibited or restricted by applicable laws or regulations. The [Party] shall provide evidence of such restrictions upon request.
Export schedule clause
This variation sets an export schedule.
The [Party] agrees to provide a detailed export schedule outlining the timeline for shipment and delivery of goods under this Agreement. Any delays to the schedule shall be promptly communicated to the [Other Party].
Pre-shipment inspection export clause
This variation requires pre-shipment inspection.
The [Party] shall ensure that goods are inspected and certified for export compliance by a recognized inspection body before shipment. The [Party] shall provide the [Other Party] with inspection certificates upon request.
Export delivery terms clause
This variation defines the delivery terms for exports.
The [Party] shall deliver the goods to the designated export point under the agreed delivery terms (e.g., FOB, CIF). The [Other Party] shall be responsible for any costs or risks associated with shipping from the export point.
Temporary export clause
This variation governs temporary export.
The [Party] may temporarily export goods under this Agreement for a period not exceeding [X] months, provided that the goods are re-imported after this period. The [Party] shall provide the [Other Party] with documentation confirming the temporary export and re-import process.
Restricted export market clause
This variation limits exports to restricted markets.
The [Party] shall only export goods under this Agreement to markets and countries that are not subject to export restrictions or trade sanctions. The [Party] shall verify and confirm the legality of export destinations before shipment.
Dual-use goods export clause
This variation addresses dual-use goods, which have both civilian and military applications.
The [Party] shall ensure that any dual-use goods exported under this Agreement are in compliance with applicable export controls and licensing requirements. The [Party] shall provide proof of compliance with export restrictions for dual-use items.
Export guarantee clause
This variation guarantees compliance with export requirements.
The [Party] guarantees that all goods exported under this Agreement will comply with all applicable export laws, regulations, and licensing requirements. In the event of non-compliance, the [Party] shall be liable for all fines, penalties, or damages incurred.
Post-shipment export clause
This variation addresses post-shipment responsibilities.
The [Party] shall ensure that the exported goods are properly documented for customs clearance upon arrival at the destination. Any issues arising from customs procedures must be promptly addressed, and the [Party] shall bear any associated costs.
Joint export clause
This variation addresses joint export efforts between parties.
The [Party] and [Other Party] shall jointly manage the export process, with each party responsible for specific aspects of the export process, including compliance, documentation, and shipping. Each party shall provide the necessary documentation to support the export.
Tariff and duty compliance export clause
This variation addresses compliance with tariffs and duties for exports.
The [Party] shall ensure that all tariffs and duties related to the export of goods under this Agreement are properly paid. The [Party] shall provide the [Other Party] with receipts or proof of payment upon request.
Forwarding agent export clause
This variation involves the use of forwarding agents for export.
The [Party] may engage a forwarding agent for the export process. The forwarding agent shall comply with all applicable export regulations and provide the necessary documentation for customs clearance. The [Party] shall ensure that the forwarding agent is fully authorized to handle the export.
Export customs bond clause
This variation requires a customs bond for exportation.
The [Party] shall secure a customs bond to ensure compliance with all customs requirements for goods exported under this Agreement. The [Party] shall provide proof of the bond to the [Other Party] prior to shipment.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.