Good Practice

Essentials of trade compliance clauses in general terms and conditions (“GTCs”)

Export control and sanctions laws must be followed when applicable, irrespective of contractual obligations. This is one of those few areas, such as jurisdiction, you cannot negotiate away. However, with limited exceptions – such as the recently introduced and widely discussed “No-Russia-clause” required by Art. 12g of the Regulation (EU) No. 833/2014 – there is no explicit legal obligation to include export and sanctions compliance clauses (“trade compliance clauses”) in agreements.
That said, ...

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