International contracts
Choice of Incoterm, governing law, forum or arbitration, guarantees and payment terms. English-language contracts are reviewed with attention to clauses that shift risk.
Sector advisory · foreign trade
Foreign trade legal advisory: contracts, customs and defense of the importer
Importing and exporting involves three legal fronts at once: the contract with the foreign counterparty, the customs operation and transport. A mistake on any of them costs cargo, tax or time.
Straight answer: where importers usually run into legal trouble
The most frequent problems are of four kinds: contractual, when the foreign supplier delivers out of specification or late and the contract does not define governing law, forum and Incoterm; customs, with divergent tariff classification, valuation and cargo holds; regulatory, with registration, licenses from regulatory agencies and misapplied special regimes; and transport, with damage, loss and demurrage without a clear liability clause. The advisory handles the four fronts together.
This page is for importers, exporters, manufacturers buying inputs abroad, trading companies, e-commerce businesses and customs brokers serving those clients. We serve companies throughout the State of São Paulo, Brazil, with meetings at our Paulista or Tatuapé offices or by video call, and act before the São Paulo courts (TJSP), the labor courts (TRT-2, TRT-15), the federal court (TRF-3) and administrative bodies.
Fronts of the foreign trade advisory
Registration and customs compliance
Radar license, registration categories, operating limits and estimate review. A license incompatible with volume raises suspicion of interposition.
Tariff classification and taxes
NCM codes, ex-tariff reductions, special regimes such as drawback and temporary admission. Errors generate fines, tax differences and holds.
Infraction notices and forfeiture
Administrative challenges and judicial defense against fines and forfeiture, with requests for release against a guarantee when applicable.
Transport and insurance
Liability for damage, loss, demurrage and detention, with analysis of the bill of lading, the policy and freight forwarder clauses.
Supplier disputes
Collection, return and replacement of goods out of specification, using letters of credit, arbitration and interim measures.
Where risk usually arises
Contract limited to the proforma
Many imports have the proforma invoice as their only document. Without quality, inspection and dispute clauses, the company has no instrument when something fails.
Incompatible Radar license
Operating above the license limit or with third-party funds attracts the special procedure and the charge of fraudulent interposition.
Transport liability
Liability limitation clauses of the carrier and the freight forwarder reduce compensation. Insurance must cover the gap.
How the advisory works
1. Operation map
Survey of flows, counterparties, contracts and inspection history.
2. Structuring
Review of contracts, registration and internal classification and documentation procedures.
3. Incident response
Action in holds, infraction notices, disputes with suppliers and carriers.
Keep all documentation of each transaction, including negotiation messages, for five years. Brazilian customs may review declarations within that period.
Frequently asked questions about foreign trade
Which Incoterm protects the importer most?
There is no single answer. Incoterms that leave transport with the exporter shift less logistics risk but usually cost more and make insurance control harder. The choice depends on the operation.
Can a customs infraction notice be challenged in court?
Yes, after or alongside the administrative challenge. The judicial route is common for holds without a procedure, excessive delay and disproportionate forfeiture.
Can the company use third-party funds to import?
Only transparently: import on behalf of a third party or by order has its own rules and requires prior linkage in Siscomex. Hiding the real buyer is fraudulent interposition.
Official references and related pages
Brazilian foreign trade rules of reference. The actual operation depends on the product, the customs regime and the contracts.
Does your company import or export and need legal support?
Describe the operation through the secure channel. The screening identifies the priority fronts among contracts, customs and transport.