The base documents regulating structure and order of drawing up of the external economic contracts in Ukraine are the law of Ukraine "About foreign trade activities" and the order of Ministry of Foreign Economic Relations and trade №201 from 06.09.01 "About the position statement about the form of the external economic contracts".
Elements (parts) of structure of the external economic contract are reasonable for describing on an example of the agreement of purchase and sale because formulations of the last are applicable practically to any other kinds of contracts.
The structure of the sample external economic contract of purchase and sale consists of following sections
Contract drawing up begins with instructions of a place and date of its signing, and also from a designation of the parties. The contract can be numbered. It is possible to specify at once that it, for example, "the purchase and sale Contract" or "the consignment Agreement". But it is possible and to lower the given specification, after all the first article of the contract determines its kind.
The name of the parties in the agreement should be exact (under what they are officially registered) and developed (without abbreviations). Here the status of the parties as counterparts is determined: the Seller and the Buyer - in purchase and sale and barter contracts (the Customer and the Contractor - in the agreement for processing raw, the Committent and the Commission agent - in the commission agreement, the Principal and Believed in the order agreement, the Consignor and the Consignee - in the consignment agreement etc.).
The contract subject is, simply speaking, about what the contract. A subject of the agreement of purchase and sale is the property which the seller (one party) undertakes to transfer to the possession the buyer (other party), and the buyer is obliged to accept property and to pay for it a certain sum of money. Debt obligations, author's rights cannot be a subject of the agreement of purchase and sale. Relations of an assignment or their transition to other persons it is regulated by rates of other legal institutes.
In section of the contract on its subject it is necessary to specify, what goods are particularly on sale and bought. If the being of these goods is difficult enough complete to describe in the contract it is possible to refer to corresponding documents where are resulted its qualitative, technical characteristics, etc. If an agreement subject is the wide assortment of the goods, sending to specifications in which the inventory is given at once becomes. Thus the reservation that appendices constitute a contract integral part necessarily becomes.
BASIC CONDITIONS AND DELIVERY PERIODS
In this article of the external economic contract of any kind of its party should choose and fix basis of delivery. Such choice will specify the maintenance of those conditions on which the external economic contract will be concluded and which will appear in customs papers. Thus it is necessary to be guided by the International rules of interpretation of commercial terms - the Incoterms - in edition of the International trade board of 2010.
The choice of a basis term of delivery simultaneously determines the maintenance of the rights and obligations of participants of the contract. Therefore article about basis of delivery is considered key in any contract, and also - in procedure of customs registration of the contract goods. After all the size of its customs value and a railroad train of costs directly depends on goods terms of delivery, in it included.
CONDITIONS OF PAYMENTS (CALCULATIONS)
This article of the contract determines a method, an order and terms of financial calculations and guarantees of accomplishment by the parties of mutual payment obligations. Depending on the terms of payment chosen by the parties in the contract text are specified: conditions of a bank remittance before (advance payment) and-or after goods shipment, either a condition of the documentary letter of credit or the collection (with a guarantee).
CONDITIONS OF DELIVERY (ACCEPTANCE) OF THE GOODS SHIPPING DOCUMENTS
In this article of the foreign trade contract terms and a place of actual transfer of the goods and shipping documents are determined.
PACKAGING AND MARKING
This section contains data on goods packaging (boxes, sacks, containers, etc.), corresponding marking put on it (the name of the seller and the buyer, agreement number (the contract), destination, dimensions, special conditions of warehousing and transportation, etc.), and if necessary - also about packaging terms of return.
This section contains the data about in what cases of a condition of the contract can be not executed the parties (acts of nature, military operations, embargo, intervention from the authorities, etc.). Thus the parties are relieved from responsibility on period of validity of these circumstances, or can refuse contract accomplishment partially or as a whole without additional financial responsibility. Period of validity of force-majeur circumstances proves to be true Commercial and industrial Chamber of the corresponding country.
SANCTIONS AND CLAIMS
This section establishes an order of application of penal sanctions, indemnification and a presentation of claims in connection with default or inadequate accomplishment by one of counterparts of the obligations.
The sizes of penal sanctions (in percentage of cost of the outstood goods or the sum of not paid means), terms of payment of penalties should be thus accurately specified - from what term they are established and on what extent of time act, terms on which extent of the claim can be declared, the rights and obligations of the parties of the contract thus, methods of settlement of claims.
In this section the arbitration court place, its complete name, the country and the substantive law which will be applied by consideration of disputes is underlined, and cases at which the parties can address in court are caused.
CONTRACT PERIOD OF VALIDITY
The introduction of the contract into force depends on will of the parties which have signed it. However the Ukrainian practice of foreign trade knows set of the administrative restrictions imposed on an external turnover by state structures. This licensing, the export control, obligatory certification of import, etc. At the moment of signing of the contract at its Ukrainian party can and not to be complete confidence of successful overcoming of administrative barriers. Therefore it is reasonable to delay the introduction of the contract into force before reception positive decisions of competent state structures when it is required.
Finish the external economic contract legal addresses, post, payment and shipping requisites of counterparts, signatures and the press of participants of the contract.