Tips on international business from the attorney and lawyer, Gonzalolaw.com

1. Top 10 International Business Considerations
for Public and Private Companies
for Public and Private Companies

2. Choice of Law
When your company enters into a contract with a
foreign party, pay attention to the choice of law
provision.

3. Choosing the law of your State as the
governing law gives you a number of
advantages….
For example, you
can assess risks
easily because you
and your attorney
are familiar with the
local law.
Alternatively, you
can choose
governing
international law,
such as the United
Nations Convention
on Contracts for the
International Sale of
Goods (CISG), the

4. Regional Restrictions
Traditionally, business relationships with certain
countries, such as Cuba and North Korea, have been
highly regulated by the United States Government. If
your company is going to do business with certain
regions, be sure to note if the Secretary of State or
other government bodies have limited U.S. interaction.

5. Hire a Local Attorney
An attorney can save you time and money by
helping you conduct business effectively and help
avoid disputes in the future. An attorney will also
help you partner with local counsel in the target
country where you seek to conduct business.

6. Foreign Corrupt Practices Act (FCPA)
FCPA (Foreign Corrupt Practices Act) is an area where
a high volume of litigation arises! Be aware of the
legislation and make sure your company has balanced
internal stated policies with regard to the FCPA.

7. The anti-bribery
provisions of the FCPA
make it unlawful for a
United States person to
make a payment to a
foreign official (either a
government controlled
company or a
government employee)
for the purpose of
obtaining or retaining
business.

8. International Licensing as an Alternative
One traditional way to expand into a foreign
market is to set up a branch or subsidiary.

9. As an alternative, a
company can consider
licensing the right to run a
local company. The local
company is more familiar
with the market and may
already have a
management structure
and clientele that can
benefit from the items you
want to sell.

10. Duties
If a company is
considering exporting
or importing a product
out of or into the United
States, the duty rate
can have a significant
impact on the profit.
Besides duty rates, you
also need to take into
account antidumping
and countervailing
duties.

11. Antidumping duties will be imposed on an importer when the goods are selling
at a price that is below the price at which the same product is sold in the
importer's home market.
Countervailing duties will be imposed on an importer when the importer's home
country subsidizes the goods and thereby facilitates their sale at an unfairly
lower price.

12. Consumer Protection Law
In the United States, § 5 of the Federal Trade
Commission Act and the Fair Packaging and Labeling
Act require that every product produced abroad and
then imported into the United States be conspicuously
marked with the English name of the country of origin.

13. 15 U.S.C.A. § § 45 and 1453.
Many other countries have similar laws to protect their
consumers. Pay attention to and comply with such
requirements when a company looks to sell goods in a foreign
country.

14. Incoterms
Incoterms or International Commercial terms are a
series of pre-defined commercial terms published by the
International Chamber of Commerce (ICC) that are
widely used in International commercial transactions.

15. Before a company
enters into an
international sale
contract, be aware of
the meanings of the
Incoterms in the
contract which
create obligations,
costs, and risks
associated with the
selected Incoterms.

16. Documentary of Sale
Ensure you have the proper documents as
part of your documentary of sale. These
include, yet are not limited to, a letter of
credit, a bill of lading, and a sales agreement.

17. International Arbitration as Dispute Resolution
Compared to litigation, international arbitration can
have a simplified process and can save a company
time while providing a legally enforceable
judgment.

18. Moreover, because the atmosphere can potentially be
less adversarial than litigation, international arbitration
can resolve disputes with minimum harm on the business
relationship between a company and its partner.