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Export Agreement
"I need an export agreement for shipping 500 units of electronics monthly from China to Germany, with a delivery timeline of 30 days, payment terms of net 60, and compliance with EU regulations."
What is an Export Agreement?
An Export Agreement sets out the terms for selling and shipping goods from Saudi Arabia to international buyers. These contracts spell out key details like product specifications, quantities, pricing, and delivery schedules while ensuring compliance with the Kingdom's export regulations and customs requirements.
Under Saudi law, these agreements must address specific elements including export licenses, commodity classifications, and Shari'ah-compliant payment terms. They're particularly important in sectors like oil and petrochemicals, where exporters need to follow both international trade rules and local requirements set by authorities like the Saudi Export Development Authority (SAUDI EXPORTS).
When should you use an Export Agreement?
Use an Export Agreement when selling goods internationally from Saudi Arabia, especially for high-value transactions or regulated products like petrochemicals, machinery, or food items. This document becomes essential once you've identified a foreign buyer and need to lock in specific commercial terms while ensuring compliance with Saudi export controls.
The agreement proves particularly valuable when dealing with new trading partners, complex shipping arrangements, or products requiring special permits from SAUDI EXPORTS. Companies in the Kingdom's industrial cities often need these agreements to document their compliance with both international trade rules and local Islamic commercial law principles.
What are the different types of Export Agreement?
- Basic Export Agreement: Covers standard international sales with essential terms for pricing, delivery, and payment - commonly used for straightforward commodity exports
- Exclusive Distribution Export Agreement: Grants sole rights to distribute Saudi products in specific foreign territories
- Consignment Export Agreement: Used when goods remain under Saudi ownership until sold abroad
- Framework Export Agreement: Establishes long-term export relationships with multiple shipments over time
- Industry-Specific Export Agreement: Contains specialized terms for sectors like petrochemicals, pharmaceuticals, or halal food products
Who should typically use an Export Agreement?
- Saudi Exporters: Manufacturing companies, trading firms, and producers who sell goods internationally from the Kingdom
- International Buyers: Foreign companies or distributors purchasing Saudi products, often through letters of credit
- Legal Departments: In-house counsel who draft and review agreements to ensure Shari'ah compliance
- Customs Officials: Government representatives who verify export documentation and enforce trade regulations
- SAUDI EXPORTS: The national authority that oversees export activities and issues necessary permits
- Banking Partners: Financial institutions handling international payments and trade finance arrangements
How do you write an Export Agreement?
- Product Details: Gather specifications, quantities, pricing, and any special handling requirements
- Export Licenses: Check requirements from SAUDI EXPORTS for your specific product category
- Buyer Information: Collect company details, registration documents, and trade references
- Payment Terms: Define Shari'ah-compliant payment methods and currency arrangements
- Shipping Terms: Determine Incoterms, delivery schedules, and transportation methods
- Compliance Check: Review Saudi customs regulations and destination country requirements
- Documentation: Prepare certificates of origin, quality certificates, and inspection reports
What should be included in an Export Agreement?
- Party Details: Full legal names, addresses, and commercial registration numbers of exporter and buyer
- Product Description: Detailed specifications, quantities, and quality standards meeting Saudi standards
- Payment Terms: Shari'ah-compliant payment methods, currency, and banking arrangements
- Delivery Terms: Incoterms, shipping schedules, and transfer of risk provisions
- Export Controls: Required permits, licenses, and compliance with Saudi export regulations
- Dispute Resolution: Saudi law as governing law and specified dispute resolution mechanism
- Force Majeure: Provisions aligned with Islamic principles and local commercial practice
- Termination: Clear conditions for contract termination and consequences
What's the difference between an Export Agreement and an Agency Agreement?
Export Agreements are often confused with Agency Agreements in Saudi trade contexts. While both deal with international business relationships, they serve distinct purposes and require different legal considerations under Saudi law.
- Primary Purpose: Export Agreements focus on single or recurring product sales abroad, while Agency Agreements establish ongoing representation relationships in foreign markets
- Legal Framework: Export Agreements follow international trade laws and Shari'ah-compliant commercial principles, whereas Agency Agreements must comply with Saudi's Commercial Agencies Law
- Party Responsibilities: Exporters directly handle product delivery and payment terms, while agents act as intermediaries promoting products in their territories
- Duration: Export Agreements typically cover specific transactions or periods, but Agency Agreements often establish long-term exclusive territorial rights
- Risk Allocation: Export Agreements detail product liability and shipping risks, while Agency Agreements focus on commission structures and market development obligations
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