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An Export Agreement sets the rules and conditions for selling goods to customers outside Germany. It's a legally binding contract that covers everything from pricing and delivery terms to customs requirements under German foreign trade law (Außenwirtschaftsgesetz).

These agreements protect both the German exporter and foreign buyer by clearly stating who handles export licenses, transportation costs, and compliance with EU trade regulations. They typically include specific terms about payment methods, delivery schedules, and which party bears the risk during shipping - following Incoterms® rules that are essential for international trade.

Use an Export Agreement when selling products internationally from Germany, especially for high-value goods or ongoing supply relationships. It's essential before shipping machinery, industrial equipment, or technical products to customers abroad, as these transactions need clear documentation for customs and regulatory compliance.

The agreement becomes particularly important when dealing with special export restrictions, handling sensitive technology transfers, or establishing long-term international business relationships. German companies need it to satisfy Außenwirtschaftsgesetz requirements, protect intellectual property rights, and establish clear liability terms before goods cross borders.

• Standard Export Contract: Basic agreement covering essential terms like pricing, delivery, and payment for straightforward international sales from Germany
• Framework Export Agreement: Long-term contract structure establishing terms for multiple shipments over time
• Technology Transfer Export Agreement: Specialized version for exporting technical knowledge, software, or industrial equipment with intellectual property provisions
• Distribution Export Agreement: Covers ongoing relationships with foreign distributors, including territory rights and performance targets
• Dual-Use Export Agreement: Specific version for items with both civilian and military applications, incorporating extra compliance measures

• German Manufacturing Companies: Create and implement Export Agreements when selling products internationally, especially machinery and industrial equipment
• Legal Departments: Draft and review agreements to ensure compliance with German export laws and EU regulations
• Foreign Buyers: Sign and adhere to terms when purchasing goods from German exporters
• Customs Officials: Review agreements to verify compliance with trade regulations and export controls
• Trade Compliance Officers: Monitor adherence to export restrictions and maintain proper documentation
• Freight Forwarders: Execute shipping arrangements according to agreement terms

• Product Details: Gather exact specifications, quantities, and technical documentation for all items being exported
• Export Classifications: Check if goods require special permits under German export control laws
• Buyer Information: Collect complete company details, registration numbers, and authorized signatory information
• Delivery Terms: Define Incoterms®, shipping methods, and timelines
• Payment Structure: Specify currency, payment terms, and any letter of credit requirements
• Compliance Check: Verify trade restrictions and sanctions using BAFA guidelines
• Documentation: Prepare necessary certificates of origin and quality certifications

• Party Details: Full legal names, addresses, and registration numbers of exporter and importer
• Product Description: Detailed specifications, quantities, and technical requirements of exported goods
• Price and Payment: Currency, payment terms, banking details, and any VAT considerations
• Delivery Terms: Specific Incoterms®, shipping methods, and transfer of risk provisions
• Export Controls: References to relevant German export control laws and required permits
• Governing Law: Clear statement designating German law and jurisdiction
• Force Majeure: Provisions for unforeseen circumstances affecting performance
• Termination Rights: Conditions and procedures for ending the agreement

An Export Agreement differs significantly from an Agency Agreement in several key aspects, though both deal with international trade. While Export Agreements focus on direct product sales across borders, Agency Agreements establish relationships with representatives who promote and sell products in foreign markets.

• Scope of Authority: Export Agreements detail specific product transactions, while Agency Agreement grants ongoing authority to represent the company
• Payment Structure: Export Agreements specify direct product payments and terms, whereas Agency Agreements typically involve commission structures
• Legal Obligations: Export Agreements focus on delivery, compliance, and product specifications; Agency Agreements emphasize representation duties and territory rights
• Duration: Export Agreements often cover specific shipments or periods, while Agency Agreements establish longer-term business relationships
• Risk Distribution: Export Agreements directly address shipping and product risks; Agency Agreements focus on reputational and market development risks