Structuring International Sales Channel Agreements: Complying With Export Laws, FCPA, OFAC

Description

U.S. companies continue expanding their global market share. Companies and their counsel must weigh the pros and cons of direct selling in the international marketplace or using local resellers and distributors to get their goods to market.

While local resellers and distributors can have business advantages, companies also should recognize and account for potential risks. To manage such risks, companies and their counsel should conduct appropriate due diligence before selecting a foreign partner to distribute the company's products. Among other things, companies and their counsel should evaluate potential FCPA-related risks and should confirm that potential business partners are not on the OFAC Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce's or State Department's sanctioned parties lists.

When negotiating and structuring international sales channel agreements, counsel should thoroughly address key issues such as FCPA and export compliance, IP rights protection, and exclusivity.

Listen as our authoritative panel examines the key considerations--including export, FCPA, IP, competition, exclusivity, and territory--when structuring sales channel agreements in the international marketplace. The panel will discuss key provisions and offer best practices for structuring the agreement to ensure compliance with export, FCPA, OFAC, and other laws.