Import Export Matters Clause Samples
The Import/Export Matters clause defines the responsibilities and obligations of the parties regarding compliance with all applicable import and export laws and regulations. It typically requires each party to ensure that any goods, technology, or information transferred under the agreement are handled in accordance with relevant customs, trade, and export control laws, such as obtaining necessary licenses or permits. This clause is essential for preventing legal violations and penalties by clarifying who is responsible for regulatory compliance in cross-border transactions.
Import Export Matters. (a) If any Product delivered hereunder is to be delivered into any other country, Seller will be responsible for strict compliance with all legal, regulatory and administrative requirements associated with any importation or exportation of such Product, including obtaining any required licenses or approvals and, unless otherwise agreed between the parties elsewhere in this Agreement, the payment of all associated duties, taxes and fees.
(b) Upon request of Buyer, Seller shall cooperate with Buyer in seeking any duty drawback available to Buyer in connection with export by Buyer of any Product imported by Seller and provided to Buyer under this Agreement, or incorporating, or manufactured by Buyer from, such Product. Without limitation, Seller shall (i) provide all information with respect to such imported Product necessary to complete any such drawback claims to be filed by Buyer, including U.S. Customs Service entry numbers, dates of entry, quantities and description of goods, customs values, and rates and amounts of customs duties paid by Seller, and (ii) execute applicable certificates of delivery and other documents as necessary in connection with Company’s drawback claims.
Import Export Matters. Each Party represents and warrants to the other Party that it will abide by all applicable Laws relating to the export and import of all Products and Materials under this Agreement.
Import Export Matters. The cross-border business expansion into Mexico requires the exportation by the Non-Mexican Resident of the M&E to Mexico, for further use by a Mexican tenant. Conversely, the Mexican tenant normally becomes the importer of record, and may conduct the importation of the M&E on either a temporary basis, or a permanent basis. Temporary imports require the importer to obtain government approval, normally in the form of an import-export program, known as IMMEX programs (formerly Maquila or Pitex programs) and benefit from value added tax exemptions. Also, in order to qualify for the IMMEX program, the importer of record must be engaged in Mexico in an export related activity, whether directly exporting finished product from Mexico, or assisting other exporters with goods and services that aid the export industry. Any import, whether temporary or permanent, also requires the importer of record to be registered with Mexico’s importer’s registry. While the permanent imports represent an additional cost of a 15 percent value added tax (10 percent if imported to the “border zone”), temporary imports are free of any value added tax. While the importer’s registry is available for any importer that meets the approval requirements, it is almost an automatic registration, if the application is supported with an IMMEX program. Absent an IMMEX program, the registration process becomes more cumbersome. Bank of America Plaza, 25th Floor • ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ • San Antonio, Texas ▇▇▇▇▇-▇▇▇▇ Tel: ▇▇▇.▇▇▇.▇▇▇▇ • Fax: ▇▇▇.▇▇▇.▇▇▇▇ With offices in McAllen, Texas and Independent Affiliates in Mexico City, Monterrey and Reynosa, Mexico On the topic of import duties, and other non-duty barriers such as quotas, those will depend on whether the M&E qualifies for any preferential duty treatment under any of the many treaties that Mexico has entered, such as North American Free Trade Agreement, commonly known as NAFTA. Once the M&E has been imported into Mexico, and the rental payments begin, because the lessor is a Non-Mexican Resident, and thus, is not registered as a taxpayer under Mexico’s taxpayers registry, the Mexican tenant will be required to act as the tax withholding agent, and withhold from each rental payment, a portion for Mexican income taxes. The Mexican tax becomes applicable because the rental payments are considered Mexican sourced. And they are considered Mexican sourced because the M&E is used in Mexico, unless proven otherwise. According to Mexico’s income tax law,...
Import Export Matters. Where required by the applicable Product Addendum, the Parties acknowledge that Patheon may be providing Products to XenoPort or XenoPort Affiliates for export by XenoPort or XenoPort Affiliates to countries outside the United States. The Parties will agree upon reasonable export procedures for a given Product prior to export of such Product. In shipment of Products, XenoPort and XenoPort Affiliates will comply with applicable export restrictions and XenoPort’s export policies and XenoPort will be the exporter of record for the Products. XenoPort and XenoPort Affiliates will also obtain and maintain [ * ] all required export permits and approvals. Patheon will provide XenoPort the data, documentation and other information reasonably required for XenoPort to fulfill its obligations hereunder, including, without limitation, the Certificates as provided in Section 4.1(e) above and the Quality Agreement.
Import Export Matters