Import/Export Law
IMPORT/EXPORT SOLICITORS BROMLEY
In this increasingly globalised world, cross-border trade has become the lifeblood of global prosperity. There are nearly seven billion people in the world now and although it would be contentious to say that almost every single person on earth represents a potential customer, it cannot be denied that opportunities abroad are huge.
In order to help you grow your business internationally and understand the legal implications of importing and exporting, we have put together this straightforward article.
Exporting
If you are exporting goods, you need to make sure that you are compliant with the local laws of the country you are exporting to. You should check that your goods are compliant with local consumer laws, labeling requirements and whether or not you need an import license in the country you are exporting to.
In the UK, if you export certain goods you may need an export license. Controls apply to military and paramilitary goods, artworks, plants and animals, technology, chemicals and medicines. The intended purpose of the good might also be relevant. If the product normally has civilian applications, but you are intending to export for military use, you might need an export license. It is absolutely essential to consider licensing requirements as importing or exporting without one is a criminal offence.
If your intellectual property rights are not protected in the country you are exporting to, you should, for obvious reasons, take reasonable steps to ensure that they are. Particularly relevant are trademarks and patents, which are not automatically created upon creation.
Under the export contract you agree to, you should clarify what your responsibility for delivery is and who is responsible for local taxes and customs. A freight forwarder can handle delivery and customs clearance for you, perhaps making this the most convenient, hassle-free option.
Making sure contracts are enforced in the UK can be difficult. Naturally, having a contract enforced abroad can be even more tricky and costly. Before doing business with anybody abroad, it is essential to try and ascertain their trustworthiness. If you lack confidence, you might want to ask the buyer to pay using a letter of credit.
Importing
Like exporting, you need to ensure that the products you import meet UK legal standards with regards to labeling, safety and general consumer law. You should also check whether the good can be legally imported (i.e. is it subject to an import ban?) and whether certain restrictions apply to it.
If the product is restricted, you may need an import license. Controls apply to firearms, plants and animals, foods, medicines, textiles and chemicals. Where the product comes from is also relevant in determining whether a license is needed. It is essential that you check this properly because importing a controlled good without a license is a criminal offence.
When agreeing to a contract, you must cover delivery terms, payment and payment method. If you are responsible for customs clearance, which depend on where the product is from and what it is, for convenience’s sake, you might want to use an import agent.