The Paper - Contracts and Clauses

What? There’s a Law on That?

From the Paper to the Meeting

Is that really a Country?

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Parties to the Contract Selling Product, Services or Both? Horizontal and Vertical Agreements

› Teaming Agreements› Consortium/Strategic Alliance› Sale Agent/Distributor Agreements

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Choice of Law Prevailing Language Currency Clause INCOTERMS Export Regulations (DFAR 252.204-7008) Arbitration v. Litigation Jurisdiction of Disputes Boycott

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Foreign Corrupt Practices Act Bribery Act Export & Import Considerations Country of Origin Legalizing your Paperwork Procurement Laws in Country

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Sub-sub contractors can sue prime contractors directly

Sub-contractor employees can have “dual employees”

Potentially severe employee severance obligations

Illegal to name a pig Napoleon

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Tax Considerations (Permanent Establishment)

Entity Structure & Contracting Financial (Letters of Credit, Offset) Customs, Tariffs & Related Strategies Local Partner?

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- Understand Frame of Understand Frame of Reference & Perspective Reference & Perspective

- Means of Communication Means of Communication (Phone, Skype, Email, Instant (Phone, Skype, Email, Instant Messenger, Text)Messenger, Text)

- Mindful of Language Mindful of Language (nonverbal, jargon, tone, use (nonverbal, jargon, tone, use of idioms)of idioms)

- Mindful of Word ChoiceMindful of Word Choice

- Communication challenges are Communication challenges are not unique to cultural or not unique to cultural or language differenceslanguage differences

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Research the Company & Culture

Business Etiquette

Building Trust

Importance of Relationships

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MyanmarMyanmar

*However, Maledonia is not…However, Maledonia is not…

DjiboutiDjibouti

VanuatuVanuatu

Nagorno-Karabakh Nagorno-Karabakh RepublicRepublic

SurinamSurinamee

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www.globesmart.com Kiss, Bow or Shake Hands Commerce Department Website The Power of Google “Doing Business In {name country}” Dos and Taboos Around the World

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Know Thy Contract› Clauses specific to cross border

transactions Know Thy Customer

› Negotiation strategies› Research the company and its core

competencies Know Thy Country

› Familiarize way business is done

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