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Import Agreement
I need an import agreement for purchasing electronic components from China, specifying delivery terms, payment conditions, and quality assurance standards. The agreement should include clauses for dispute resolution under Pakistani law and outline responsibilities for customs clearance and duties.
What is an Import Agreement?
An Import Agreement is a legally binding contract that spells out how you'll bring goods into Pakistan from another country. It covers essential details like what you're importing, pricing, delivery terms, and payment schedules between you (the importer) and your foreign supplier.
Under Pakistani trade laws, these agreements must follow specific customs regulations and include key elements like HS codes, import duties, and compliance with the State Bank's foreign exchange requirements. They're especially important for businesses dealing with restricted items or those needing special permits from the Ministry of Commerce, as they help ensure smooth customs clearance and legal compliance.
When should you use an Import Agreement?
Use an Import Agreement anytime you plan to bring goods into Pakistan from overseas suppliers. This is especially crucial when dealing with high-value items, regulated products like pharmaceuticals, or when importing raw materials for manufacturing. The agreement becomes your essential safeguard before sending payment or finalizing orders.
Pakistani businesses need this document to secure import licenses, handle customs clearance, and comply with State Bank requirements for foreign currency transactions. It's particularly important when working with new suppliers, entering long-term import relationships, or when specific quality standards must be met for items like industrial machinery or food products.
What are the different types of Import Agreement?
- Basic Spot Import Agreements: Used for one-time purchases from foreign suppliers, focusing on single shipments and immediate payment terms
- Long-term Supply Import Agreements: Cover recurring shipments over extended periods, including price adjustment mechanisms and volume commitments
- Consignment Import Agreements: Allow payment after goods are sold in Pakistan, common in retail and distribution sectors
- Manufacturing Input Import Agreements: Specialized for industrial raw materials, including quality specifications and just-in-time delivery schedules
- Agency Import Agreements: Used when working through authorized Pakistani import agents, detailing commission structures and representation rights
Who should typically use an Import Agreement?
- Importers: Pakistani businesses or individuals who initiate the agreement to purchase foreign goods, handling local permits and customs clearance
- Foreign Suppliers: Overseas manufacturers or exporters who agree to sell and ship products to Pakistan under specified terms
- Customs Brokers: Licensed professionals who facilitate clearance and ensure compliance with import regulations
- Banks: Financial institutions managing letters of credit, foreign exchange, and international payments
- Legal Counsel: Lawyers who draft and review agreements to ensure compliance with Pakistani trade laws and protect client interests
How do you write an Import Agreement?
- Supplier Details: Gather complete business information, registration numbers, and contact details of the foreign supplier
- Product Specifications: Document exact descriptions, quantities, quality standards, and HS codes for all items
- Payment Terms: Confirm currency, payment method, and State Bank requirements for foreign exchange
- Import Licenses: Check required permits from Ministry of Commerce for your specific goods
- Shipping Terms: Define Incoterms, delivery schedules, and insurance requirements
- Documentation: List required certificates, inspection reports, and customs declarations
What should be included in an Import Agreement?
- Party Information: Full legal names, addresses, and registration numbers of importer and foreign supplier
- Product Details: Precise descriptions, quantities, prices, and HS codes as per Pakistan Customs requirements
- Payment Terms: Currency, payment method, bank details compliant with State Bank regulations
- Delivery Terms: Incoterms, shipping schedule, transfer of risk, and insurance obligations
- Compliance Clauses: Import license requirements, quality standards, and customs declarations
- Dispute Resolution: Pakistani jurisdiction, applicable laws, and arbitration procedures
- Force Majeure: Circumstances excusing non-performance under Pakistani contract law
What's the difference between an Import Agreement and an Agency Agreement?
Import Agreements are often confused with Agency Agreements in Pakistani trade law, but they serve distinct purposes and have different legal implications.
- Primary Purpose: Import Agreements focus on direct international purchases and customs compliance, while Agency Agreements establish a relationship with a local representative to handle import processes
- Party Structure: Import Agreements are between importer and foreign supplier directly, whereas Agency Agreements involve a three-way relationship including a local agent
- Legal Scope: Import Agreements cover specific shipments and trade terms, while Agency Agreements outline ongoing representation rights and commission structures
- Regulatory Focus: Import Agreements emphasize customs and foreign exchange compliance, whereas Agency Agreements concentrate on local commercial representation rules
- Duration: Import Agreements typically cover specific transactions, while Agency Agreements establish longer-term business relationships
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