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An Export Agreement sets out the terms and conditions for selling goods to customers in other countries. These contracts are especially important for Dutch businesses engaged in international trade, as they must comply with both EU export regulations and the Netherlands' Strategic Goods Decree.

The agreement covers essential elements like delivery terms, payment methods, transfer of ownership, and compliance with trade restrictions. It protects both parties by clearly defining their responsibilities, including customs documentation, export licenses, and quality standards. Dutch exporters often use these agreements to manage risks when selling to markets outside the European Economic Area.

You need an Export Agreement when selling goods internationally from the Netherlands, particularly for high-value products or regular shipments to customers abroad. It's essential before starting any cross-border trade relationships, especially when dealing with controlled goods under Dutch export control laws.

This agreement becomes crucial when navigating complex international transactions involving multiple shipping terms, payment schedules, or specific quality requirements. Dutch companies often implement Export Agreements when expanding into new markets, protecting intellectual property rights, or establishing long-term supply relationships with foreign buyers where clear terms and legal compliance are paramount.

• Basic Export Agreement: Covers standard international sales with fundamental terms for payment, delivery, and liability
• Distribution Export Agreement: Includes detailed terms for ongoing relationships with foreign distributors, including territory rights and sales targets
• Controlled Goods Export Agreement: Contains additional compliance provisions for regulated products under Dutch Strategic Goods legislation
• Framework Export Agreement: Sets general terms for multiple future transactions with the same international buyer
• Industry-Specific Export Agreement: Tailored for sectors like agriculture or technology, with specialized quality and certification requirements

• Dutch Exporters: Companies or individuals based in the Netherlands who sell goods internationally and need to define their trade terms and obligations
• Foreign Buyers: International customers purchasing goods from Dutch companies who agree to specific payment and delivery conditions
• Legal Counsel: Internal or external lawyers who draft and review agreements to ensure compliance with Dutch and EU export regulations
• Customs Brokers: Professionals who handle documentation and ensure compliance with export requirements outlined in the agreement
• Trade Compliance Officers: Company representatives who monitor adherence to export controls and strategic goods regulations

• Party Details: Gather complete legal names, registration numbers, and addresses of both exporter and buyer
• Product Specifications: Document detailed descriptions, quantities, quality standards, and packaging requirements
• Trade Terms: Decide on Incoterms, delivery schedules, and shipping arrangements
• Export Controls: Check if products require special licenses under Dutch Strategic Goods regulations
• Payment Terms: Define currency, payment method, and security measures like letters of credit
• Compliance Check: Review EU trade restrictions and destination country import requirements
• Documentation: Prepare customs forms, certificates of origin, and quality certifications

• Party Identification: Full legal names, addresses, and registration numbers of exporter and buyer
• Product Details: Clear description of goods, specifications, quantities, and quality standards
• Delivery Terms: Specific Incoterms, delivery schedule, and transfer of risk provisions
• Payment Conditions: Price, currency, payment method, and timing of payments
• Compliance Clauses: References to Dutch export control laws and EU trade regulations
• Force Majeure: Provisions for unforeseen circumstances affecting performance
• Dispute Resolution: Choice of Dutch law and jurisdiction for conflict resolution
• Termination Rights: Conditions for ending the agreement and consequences

An Export Agreement differs significantly from an Agency Agreement, though both are used in international trade. While Export Agreements focus on the direct sale and shipment of goods across borders, Agency Agreements establish a relationship where one party represents another in business dealings.

• Scope of Authority: Export Agreements detail specific transactions and delivery terms, while Agency Agreements grant ongoing authority to represent the principal in multiple dealings
• Party Relationships: Export Agreements create buyer-seller relationships, whereas Agency Agreements establish principal-agent relationships with commission structures
• Duration: Export Agreements typically cover specific shipments or periods, while Agency Agreements often create longer-term commercial relationships
• Regulatory Focus: Export Agreements emphasize customs compliance and trade controls, while Agency Agreements focus on representation rights and commission terms under Dutch commercial law