International Trade & Customs

Though Ukraine is now a member of the WTO, the country still deals with numerous technical obstacles that interfere with free flow of goods, capital, and work force. When implementing export or import operations a company may encounter many problems with registration of contracts, payment processing through banking institutions, customs clearance, etc. INYURPOLIS provides clients with comprehensive consulting on state regulation of foreign business activity in Ukraine and helps with obtaining appropriate permits and licenses necessary for implementation of contracts.

In addition, we help our clients to properly draft foreign economic agreements that must contain risk management provisions typical for international trading. We help contracting parties to select and set forth in the agreements beneficial clauses on basic terms and conditions for supply of goods, payment arrangements, force-majeure, etc., and choose applicable law and courts of arbitration.

In 2006-2008 INYURPOLIS advised State Company "ELECTROTYAZHMASH" on drafting and implementation of contracts on manufacturing of turbines for Kazakhstan and India (project budgets - USD 5 to 20 mil.). INYURPOLIS attorneys advised Public Corporation "BEREZIVSKI MINERALNI VODY" on conclusion of the agreement on supply of a bottling line (project budget - EUR 5 million). In 2008 we advised International Company "LOGICA CMG" and Polish Company "ORKAN" on import of properties from abroad as contributions to registered capitals of their subsidiaries. Also, in 2008 INYURPOLIS advised the Kharkiv Regional Philharmonic on conclusion of the agreement on temporary import of the Bösendorfer 290 Imperial grand piano (project budget - EUR 71,700.00), and supported the execution of four contracts with the German firm "Alexander Schuke" on the purchase of the new pipe organ for the Philharmonic (price of the instrument - EUR 1,5 million).

INYURPOLIS has gained substantial experience in supporting international lending. We assisted in the following international lending projects: 15 EUR mil. by a Czech bank to a Ukrainian glass factory (2007), EUR 3 mil. by a Danish investment fund to a Ukrainian development company for construction of residential facilities (2008). In 2006 INYURPOLIS represented the Kharkiv City Council in negotiations with the European Bank for Reconstruction and Development (EBRD) regarding obtaining loans for two municipal companies guaranteed by the City Council (loan amount - EUR 25 million). We conducted due diligence of a Ukrainian company that was a guarantor on a loan by the Commerzbank, and of MEGABANK Ukraine in connection with the conclusion of a loan agreement between MEGABANK and the EBRD. We are experienced in supporting of crediting of subsidiary companies in Ukraine from abroad (by parent or other companies that are members of a group).

We offer to our clients the following services:

Structuring export and import transactions;
Drafting foreign economic agreements;
Advising on regulations of certain foreign economic operations in Ukraine (operations with goods made on commission, barter deals, international lending);
Advising on customs regulations, licensing and quota systems, agreement registration, export control, currency legislation, certification, antidumping procedures, subsidized import, national commodity producer protection, shipment of dual-purpose commodities;
Assisting with obtaining licenses necessary for implementation of contracts;
Advising on optimization of customs duties, VAT, excise tax, and other mandatory payments related to implementation of foreign economic contracts;
Obtaining accreditation in local customs offices;
Legal support in temporary import of property;
Legal support in import of property as contribution to registered capital;
Advising on possible sanctions for violation of the legislation on foreign economic business activity;
Representation of foreign economic activity subjects before state authorities and in courts in connection with imposed sanctions.

We offer to our clients the following services in the international lending sphere:

Drafting loan agreements with non-residents;
Analysis of international lending agreements as to possible risks for borrowers;
Registration of loans with the National Bank of Ukraine;
Due diligence of borrowers or guarantors, lending agreements and other agreements associated with them;
Cooperation with Ukrainian banks handling loans from non-residents (resolution of problem questions related to servicing loans);
Accounting related to loans issued by non-residents.