Interlegal has successfully completed the project on development of export shipment documentation for a large Ukrainian trader
To combine correctly the principles of English law governing sales and purchase agreements with the Ukrainian legislation regarding export of goods and preparation of transportation documents has become a specific task.
In the process of export shipments, sales and purchase agreements of grain and oil-bearing crops are usually based on standard FOSFA or GAFTA proformas and are governed by the English law where the principles and the approaches differ from the Ukrainian law.
For example, penalty sanctions, typical for the Ukrainian law, may be treated, according to the English law, as commercially groundless enrichment of one of the contracting parties. In case of any dispute these claims may be successfully appealed by the counteragent. While making such contracts, the Ukrainian party shall be attentive to discrepancies in interpretation in order to express the contract provision correctly, taking into account its own interests.
With sales on FOB or CPT Ukrainian exporters have an obligation to comply with all the formalities necessary for the export of the goods, and the formulation of relevant documents. Presently issues of filling bills of lading as related to the terms of delivery and customs declarations are not directly regulated by the rules of the customs legislation.
Correctness of issuing and filling the transportation documents – is the key factor which often depends on both, proper performance of contractual obligations by the Ukrainian Party and compliance with law requirements in respect of export shipping documents.
Working on the project, lawyers of Interlegal developed special provisions in order to defend the Ukrainian exporter’s interests and recommended drafts of transportation documents in strict compliance with Ukrainian customs and tax regulations.