International
How can logistics and formalities in import
and export transactions be organized in a
legally compliant manner?
Import and export transactions require an in-depth understanding of technical logistics regulations and administrative processes. This includes choosing a suitable Incoterms clause, understanding the sales tax treatment of cross-border deliveries and services, knowing when to use a fiscal representative for certain transactions in certain countries, and understanding customs formalities in France, Germany, and third countries. We work closely with our foreign colleagues from our a-Global partner network to provide this service.
Our lawyers specializing in international trade law will assist you with selecting Incoterms clauses that best protect your import-export transactions, developing tax optimization strategies, and optimizing transport and insurance costs from legal and economic perspectives. They will also help you minimize liability risks.
Summary
How to apply Incoterms correctly?
In import and export transactions, it is crucial to clearly define the rights and responsibilities of the contracting parties. Who pays for transportation? Who is responsible for loss or damage to the goods? Who is responsible for customs formalities? Incoterms are an effective tool that eliminates the need to negotiate these elements individually. These are standardized rules established by the International Chamber of Commerce (ICC) in Paris that clearly define the distribution of costs, risks, and obligations between the buyer and seller.
However, be careful: there is no Incoterms clause that is suitable for every situation. The right Incoterms clause must be selected based on the respective contract. There are eleven Incoterms in total, divided into four main groups. Some apply exclusively to sea or inland waterway transport, such as FOB or CIF, while others can be used regardless of the means of transport, such as EXW, DDP, or FCA. Each clause has specific implications for the transfer of risk and contractual obligations – some are more advantageous for the seller and others for the buyer.
Our lawyers specializing in international, commercial and trade law will help you identify the right Incoterms clause for your business, integrate it correctly into your contracts, and ensure that all involved parties – transport service providers, customers, and suppliers – have the same understanding of it. This applies to contractual relationships in France, Germany, and third countries. We work closely with our foreign colleagues from our a-Global partner network to ensure this. Our goal is to prevent misunderstandings or disputes regarding shipping, payment, or delivery of goods.
How to optimize customs duties and taxes in international trade?
To reduce costs in foreign trade, it is crucial to understand the available customs procedures thoroughly.
Our lawyers specializing in international, commercial and trade law will help you identify and implement the most economically viable solutions for your import and export transactions in France, Germany, or a third country in close cooperation with our foreign colleagues from our a-Global partner network. We advise you on the use of preferential trade agreements and special customs procedures, and we ensure that your company complies with the respective countries’ tax and customs requirements.
Does a company have to appoint a tax representative (fiscal representative) abroad?
In some countries, non-resident companies must appoint a tax representative to properly handle value-added (sales) tax and other applicable tax obligations. A tax representative helps avoid tax complications and ensures compliance with local regulations.
Our lawyers specializing in international, commercial and trade law help companies determine if a tax representative is necessary and assist them in finding and appointing one. We ensure that all local tax obligations are met to avoid sanctions or administrative hurdles in the export process in France, Germany, and third countries. We work closely with our foreign colleagues from our a-Global partner network to accomplish this.
You have any other questions?
Please feel free to ask them directly here.